+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Common Law Open Work Permit refused

Mary03

Newbie
Feb 9, 2019
7
0
My common law partner is an international student in Canada & I’m from the Philippines. I applied for Common Law Open Work Permit last Jan 19, 2019. Got my biometrics on jan 24th, then medical exam last February 6. CIC requested for police clearance so I requested for a new one & will be released on the 14th of February. Last February 8, I checked my cic account and to my surprise, medical exam passed! After fee mins, I received an email & checked again my coc account & saw the decision was finally made. I did not pass any police clearance yet, deadline as seen in my account is February 15. I got refused for the following reasons:
1. I am not satisfied the declared relationship meets the definition of common law as defined in R1 (1) IRPR
2. You are not eligible for an OWP

- you are found inadmissible to Canada under section 39 of the IRPA: you are or will be unable or unwilling to support yourself or any other person who is dependent on you and have not satisfied an officer that adequate arrangements for care and support other that those that involve social assistance, have been made.

I do not submit any proof of funds for I did not see it in the checklist. I thought the proof of funds shown by my partner is enough to support me. We also do not have any property named by us & joint bank account for we value privacy in money. We are together for almost 7yrs already. We are staying in his parent’s house because his parents are in abroad.

What other documents can we show? We already submitted copy of our Affidavit of Cohabitation. Notarized. I just feel so sad that my visa got refused.
 

scylla

VIP Member
Jun 8, 2010
95,057
21,635
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
An affidavit of cohabitation is not sufficient evidence that you are common law. You'll need to provide evidence that shows you've been living at a common address together for at least one full year. Things like a joint lease or joint utility bills or bank statements / credit card bills.

Also, did your partner state that he/she was common law when applying for the study permit?
 
  • Like
Reactions: Mary03

Mary03

Newbie
Feb 9, 2019
7
0
Yes he stated in his study permit application that he is common law. Another question, can his proof of funds submitted for student permit be used by me? I mean can I write it in my explanation letter for proof of funds?

An affidavit of cohabitation is not sufficient evidence that you are common law. You'll need to provide evidence that shows you've been living at a common address together for at least one full year. Things like a joint lease or joint utility bills or bank statements / credit card bills.

Also, did your partner state that he/she was common mlaw when applying for the study permit?
 

scylla

VIP Member
Jun 8, 2010
95,057
21,635
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Yes he stated in his study permit application that he is common law. Another question, can his proof of funds submitted for student permit be used by me? I mean can I write it in my explanation letter for proof of funds?
Depends how much he showed as proof of funds. If it was just enough to cover his studies and living expenses, then no. You need to show more.
 

Mary03

Newbie
Feb 9, 2019
7
0
Depends how much he showed as proof of funds. If it was just enough to cover his studies and living expenses, then no. You need to show more.
He also used his mother’s bank account for proof of funds. Can I also use it? With ofcourse the consent of his Mom.
 

curiousgal

Newbie
Dec 28, 2018
7
9
Hello any idea how long it will take to process Open work permit with 1 dependent? What else should be done or submitted for it not to be refused? My common law will be in Canada next month under work visa, can he apply as soon as he get there? Thanks
 

canuck78

VIP Member
Jun 18, 2017
54,693
13,265
Spouses/common law of international students are also not guaranteed SOWP. You need proof that you have ben living together during the 1 year you were living together.
 

Neeldevu$

Newbie
Mar 14, 2019
2
0
Hello
I have same problem I applied for my wife owp byt she got refused yesterday with 205 cii act what can i do now