Confusion re CIC's Rejection

[babymali]

Hi everyone! My study permit has been approved, but my spouse's application for Open Work Permit has been rejected. However, his rejection letter begins as follows:

"This refers to your application for a Canadian work permit as a live-in caregiver" It goes on to explain the Act that relates to the live-in caregiver option. I checked back on the WP form we filled out and we had selected the OWP option, so we're confused about this. The reason for refusal is 'Other: Not reasonable to accompany spouse if her intention is that of a Temporary Resident Student.

What do you guys think of this. What can we do if this was a mistake on CIC's part? What are our options?

 

[Garfieldyo]

It basically means that your husband cannot work while you are on a temporary residence student visa.

What that means is your husband cannot work and pay for your education. Although you may pay from your own money but the intention of your husband is to work and yours is to study so they might be thinking that your husband will earn and support you on the money earned in canada. Which basically negates the whole purpose of being an international student.

 

[Garfieldyo]

international student = coming from a foreign country and paying international tuition fees.
The money earned in canada by your spouse will not fulfill that purpose.

I know you may have a bank balance of your own and not need his money but thats the impression it creates

 

[babymali]

Thanks for your response Garfield, but I'm not sure you understood my query. We applied for an OWP, which according to CIC, he would be able to apply for since I have been accepted at a Canadian university. However, the rejection letter states that he applied for the live-in caregiver program, which we didn't as he obviously does not qualify for that program.

I doubt the money was the problem as I was getting funding from school and also had enough in bank statements. My study permit has been approved so they did not doubt that I am a genuine student.

 

[Garfieldyo]

No i did not get you wrong. They thought you were a genuine student which is why you were approved. But they did not approve your husband due to your status as being a TRV student.

Thats what the reason you pasted means.

Regarding the open work permit, The live-in care giver is alarming if he did not apply for that. Check the complete verbiage and context of the rejection, were there other options other than live-in caregiver? Check your husband's OWP app for any errors or confusion?

The OWP that your husband applied for and the reason you provided in your initial post means that your husband cannot get an OWP while your status (as his spouse) is a TRV student.

 

[babymali]

I thought my status as an international student made my husband eligible to apply for the OWP. Are you saying there is a difference between international student and a temporary resident student. Aren't all international students temporary residents? I honestly don't understand the distinction.

The entire text of the rejection letter references the live-in caregiver program, even the possible rejection reasons listed, like, 'this employer is ineligible; offer of employment is inconsistent...'. Our records show that we applied for OWP, so it's very weird.

 

[aparna.bhardwaj]

I thought my status as an international student made my husband eligible to apply for the OWP. Are you saying there is a difference between international student and a temporary resident student. Aren't all international students temporary residents? I honestly don't understand the distinction.

The entire text of the rejection letter references the live-in caregiver program, even the possible rejection reasons listed, like, 'this employer is ineligible; offer of employment is inconsistent...'. Our records show that we applied for OWP, so it's very weird.

Hi,
You are absolutely right, an international student's spouse is eligible for OWP. The concept of student visa n TRV is also confusing to me. You may have to cross check your application for any possible confusions. Last year my cousin had his TRV accepted for he was accompanying his wife for PhD. Infact he applied fr TRV instead of OWP and realised it later. Strange but still things worked as he applied fr OWP within Canada itself.
That apart, you will have to check for this in your application if its not the category ur husband applied under.
Keep us postedfr any updates.

 

[sam89]

I thought my status as an international student made my husband eligible to apply for the OWP. Are you saying there is a difference between international student and a temporary resident student. Aren't all international students temporary residents? I honestly don't understand the distinction.

The entire text of the rejection letter references the live-in caregiver program, even the possible rejection reasons listed, like, 'this employer is ineligible; offer of employment is inconsistent...'. Our records show that we applied for OWP, so it's very weird.

dont delay ,..... get some professional help

 

[Garfieldyo]

Did your husband have an LMO? or did he qualify to apply under OWP as per CIC requirements for OWP?

If your husband did not qualify to get an OWP under the current rules they could've assumed that your husband was applying for live-in caregiver since he did not come upto the requirements of the OWP.

I checked it out and if your husband qualified for the OWP as per the requirements on CIC.GC.CA and still the high commission referenced it with Live-in Caregiver then you must immediately re-apply clarifying the situation including all documentation from CIC.GC.CA for OWP.

The reason you cannot appeal the old application is because once an application is closed the CHC does not answer any questions about that file neither does it re-evaluate it unless a new application is filed referencing the old one.

Good luck. Also note these are possible assumptions. Only you can assess why he was rejected since you guys applied and would know of your qualifications and requirements.

 

[babymali]

Garfield, no my husband did not have a LMO. We were applying for OWP because we read that spouses of international students are eligible to apply for an OWP. What other eligibility requirements could I be missing?

Could you tell me where you found the info about reapplying. I have been looking and so far haven't found any similar info. I figured all I could do was apply for CAIPS, but that will take a while so I would have to leave without him. That's why I'm trying to get more ideas about what I can do.

 

[cocoduro]

Babymall, YES, YOU CAN APPLY FOR A SPOUSE OPEN WORK PERMIT AS LONG AS YOU ARE ENROLLED AS A FULL TIME STUDENT IN A RECOGNIZED INSTITUTION..

 

[Garfieldyo]

http://www.cic.gc.ca/english/helpcentre/answer.asp?q=177&t=17

This link explains who can get an OWP. Your husband can get the OWP if you are a skilled worker under the jobs set by Canada and a foreign student as well.

Look at the list and judge his eligibility.

 

[sam89]

Garfield, no my husband did not have a LMO. We were applying for OWP because we read that spouses of international students are eligible to apply for an OWP.

Correct.

Could you tell me where you found the info about reapplying. I have been looking and so far haven't found any similar info. I figured all I could do was apply for CAIPS, but that will take a while so I would have to leave without him. That's why I'm trying to get more ideas about what I can do.

The Best to apply for CAIPS

 

[jbrown]

hello babymali,

It seems that an error was made in you application with the live-in caregiver category so try to contact CIC to clarify.

Also, as others said: your wife can apply for a spousal open work permit as long as you are "enrolled and actively pursuing your studies". I think the problem is that you applied for the OWP too soon and Garfieldyo is right, CIC may think that your wife's intent is to work so that you can pay for your studies. CIC is becoming more strict due to study permit abuse so you may want to consider proving yourself by going to school first and then your wife can apply for the OWP. If CIC sees that you're already studying, your wife could have better chances.

 

[babymali]

Should I reapply immediately or would it be better to apply for caips, and then reapply later?