Spouse OWP rejected

[parths411]

Hello,

Please help to find a possible reason for her rejection.

(I applied for PR with non-accompany, will now apply for sponsorship so can someone give me inputs on what to be considered while applying for sponsorship)

1. My spouse applied for SOWP in April’21 from India after she completed her final exam for CA in Nov 2020, since then we didn’t hear any update after confirmation med until today.

2. Meanwhile, I got my COPR in 22 Jan 2022, so I was advised by my agent to wait till PR card which I did 4 days ago, to see if we can get any update on this SOWP ( dint make sense )

3. For my PR non-accompany, they mistakenly considered my file as accompany and gave PPR for my spouse under, which I called and clarified and as well raised a webform which was a misunderstanding.

Today she got this letter stating:
Thank you for your interest in working in Canada. After careful review of your work permit application and supporting documentation under the International Mobility Program, I have determined that your application does not meet the requirements of the Immigration and Refugee Protection Act (IRPA) and Immigration and Refugee Protection Regulations (IRPR). I am refusing your application on the following grounds:
• You do not qualify for a WP under International Mobility Program C41-C42 / R205(a) or R205(c) ii and as you have not provided a LMIA or LMIAE, you do not qualify for a WP under the Temporary Foreign Worker Program.

 

[scylla]

Hello,

Please help to find a possible reason for her rejection.

(I applied for PR with non-accompany, will now apply for sponsorship so can someone give me inputs on what to be considered while applying for sponsorship)

1. My spouse applied for SOWP in April’21 from India after she completed her final exam for CA in Nov 2020, since then we didn’t hear any update after confirmation med until today.

2. Meanwhile, I got my COPR in 22 Jan 2022, so I was advised by my agent to wait till PR card which I did 4 days ago, to see if we can get any update on this SOWP ( dint make sense )

3. For my PR non-accompany, they mistakenly considered my file as accompany and gave PPR for my spouse under, which I called and clarified and as well raised a webform which was a misunderstanding.

Today she got this letter stating:
Thank you for your interest in working in Canada. After careful review of your work permit application and supporting documentation under the International Mobility Program, I have determined that your application does not meet the requirements of the Immigration and Refugee Protection Act (IRPA) and Immigration and Refugee Protection Regulations (IRPR). I am refusing your application on the following grounds:
• You do not qualify for a WP under International Mobility Program C41-C42 / R205(a) or R205(c) ii and as you have not provided a LMIA or LMIAE, you do not qualify for a WP under the Temporary Foreign Worker Program.

She does not qualify for a SOWP since you are now a PR.

To qualify for an OWP, both of you would need to be physically in Canada and you would need to submit an inland spousal sponsorship application to sponsor her for PR and include and OWP application with the sponsorship application.

 

[parths411]

Does this helps to apply for her Visitors Visa and than apply for sponsorship ?

As well, if I apply for her sponsorship, and after that I can apply for Visitors Visa? Can that affect her application as its been more than 2.5 years we been away and looking for better option so she is here in CA.

Please clear my doubt.

 

[scylla]

Does this helps to apply for her Visitors Visa and than apply for sponsorship ?

As well, if I apply for her sponsorship, and after that I can apply for Visitors Visa? Can that affect her application as its been more than 2.5 years we been away and looking for better option so she is here in CA.

Please clear my doubt.

Yes, if you want her to qualify for an OWP, she needs to get a TRV approved, travel to Canada and then you need to sponsor her for PR from within Canada.

If you apply for spousal sponsorship from outside of Canada, then she will not qualify for an OWP, even if she travels to Canada later.

You can apply for a TRV either before or after you sponsor her for PR. Generally speaking, it can be quite difficult to get a TRV approved once your spouse is a PR since IRCC often suspects the person has plans to remain in Canada long term.

To be honest, you made a mistake when you corrected IRCC on the accompanying / non-accompanying. You should have taken advantage of this situation and moved forward with your spouse as accompanying. That would have been the best path. But you can't go back in time of course.

 

[parths411]

Oh wow okay. that pretty much gives me better direction.

I know, I really wanted to be honest on what I am received, as if I would taken the advantage and later if something comes up dint want that situation, as was waiting for my PR which took approx 15-16 months, and i know we cant correct that.