Open Work Permit Refuse

[alexvo]

Hi all,
I applied for PR Application under Spouse Sponsorship Class. I applied for an open work permit and valid until November 2018. Unfortunately, my ex-wife withdrawn the application on December 2017 and CIC sent me a refusal letter for PR Application. After that, i married my new wife on July 2018 and she holding an PGWP valid until 2022. My open work permit currently expired on November 2018 so i apply for an extension for open work permit because my wife have a valid Post Graduated work permit until 2022. On December i received a refusal letter saying "Since your Application for Permanent Residence has been refused, you are no longer eligible for an open work permit". But i do not apply for an Pilot Open Work Permit Exemption C70. Should i restore my application and resubmit my Open Work Permit or should i Appeal to Federal Court?
Anyone in my situation?
Please give me some advise.
Thank you.

 

[scylla]

Hi all,
I applied for PR Application under Spouse Sponsorship Class. I applied for an open work permit and valid until November 2018. Unfortunately, my ex-wife withdrawn the application on December 2017 and CIC sent me a refusal letter for PR Application. After that, i married my new wife on July 2018 and she holding an PGWP valid until 2022. My open work permit currently expired on November 2018 so i apply for an extension for open work permit because my wife have a valid Post Graduated work permit until 2022. On December i received a refusal letter saying "Since your Application for Permanent Residence has been refused, you are no longer eligible for an open work permit". But i do not apply for an Pilot Open Work Permit Exemption C70. Should i restore my application and resubmit my Open Work Permit or should i Appeal to Federal Court?
Anyone in my situation?
Please give me some advise.
Thank you.

Your extension was correctly refused. Unfortunately you applied for the wrong thing. You should have applied for a brand new spousal open work permit rather than trying to extend your original open work permit. Your original open work permit was granted based on the PR sponsorship application. Since you are no longer in this relationship and your ex withdrew the application, you don't qualify to extend this open work permit. You should have applied for a new spousal open work permit based on your new wife's PGWP and included proof she has a NOC A, B or 0 job along with three payslips.

You should apply to restore your status and submit an application for a brand new open work permit.

 

[alexvo]

Hello Scylla,
Thank you for helping me. I understand it now. I will re apply right away.
Thank you.

 

[canuck78]

Would anticipate that you may be also asked for more info about your 2nd marriage given how quickly you remarried to someone who could also secure an SOWP for you. Just wanted to confirm. that you did stop working after your refusal.

 

[alexvo]

Well, the first relationship go wrong and we seperate 1 years before divorces. At the time we seperate i meet my wife. So i dont think they stop my OWP because of that.

 

[canuck78]

Well, the first relationship go wrong and we seperate 1 years before divorces. At the time we seperate i meet my wife. So i dont think they stop my OWP because of that.

The issue is you separated with your first wife right after you received your OWP. There may be concerns that the relationship had already broken down and you should have never applied for the OWP.

 

[alexvo]

The issue is you separated with your first wife right after you received your OWP. There may be concerns that the relationship had already broken down and you should have never applied for the OWP.

The application for sponsorship was submit on 2016. The date we seperate is more than 1 year after that. At that time sponsorship application take 2 year to process.

 

[canuck78]

Your application for sponsorship was withdrawn in December 2017. An application should be withdrawn as soon as you separate not divorce. Then you got married again 7 months later. The timing will raises concerns I would just be aware that your application will be subject to a lo of scrutiny.