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Open work permit refused (inland)

Lyn50

Full Member
Mar 3, 2023
40
1
Hi even i got refusal with same reason don’t know why may i know how did you rectify with this refusal did you reapplied ?
let me know what to do next
Thanks in advance.
Hi can you help me with how you went about this? My spouse just got refusal as well l. Please help
 

LartLM

Star Member
Dec 8, 2021
68
15
Hello, can someone please advise me on what to do?
So my husband has an open work permit which is valid till November 30th 2023. On June 22, 2023, we submitted a new work permit extension application under the new OWP extension public policy as he could not link his application to the GCkey to receive the automatic opt in option. From all indications he qualifies for this new policy even as a spouse of an international student. However on October 20th yesterday, we received refusal stating that he was refused based on the fact that his wife does not have a valid job in NOc O,A,B. This application was not submitted based on spouse work conditions but on the new policy that was announced in June this year.

We provided this information as a supporting document and explained clearly to the officer but still received a refusal. What can we do now? Can we re-apply because the policy is still active till December 2023. Please help with any advice or suggestions
 

A_Waris

Star Member
Oct 24, 2023
57
1
Hello, here is my situation. Applied for my open work permit along with my wife's PGWP and received the following reply:

[X] After considering all the circumstances of your case, it has been determined that you are not a person whose employment will create or maintain significant employment, benefits or opportunities for Canadian citizens or permanent residents.
You have not provided sufficient evidence to prove that your spouse is employed in an occupation that falls within the TEER 0,1,2,3,4 or 5. You may be eligible to re-apply for a work permit if you are able to provide proof that your spouse is a skilled worker in Canada, which may include a letter from your spouse’s employer, stating his/her job title, duties, and salary. If you cannot prove that your spouse is in a skilled occupation, your application for a work permit cannot be approved without a Labour Market Impact Assessment from Employment and Social Development Canada.

I am a little surprised to see that my refusal came first even before my wife's PGWP decision. She is working full time as a registered ECE. What to do in this situation?
Thanks,
 

Naturgrl

VIP Member
Apr 5, 2020
44,894
9,504
Hello, here is my situation. Applied for my open work permit along with my wife's PGWP and received the following reply:

[X] After considering all the circumstances of your case, it has been determined that you are not a person whose employment will create or maintain significant employment, benefits or opportunities for Canadian citizens or permanent residents.
You have not provided sufficient evidence to prove that your spouse is employed in an occupation that falls within the TEER 0,1,2,3,4 or 5. You may be eligible to re-apply for a work permit if you are able to provide proof that your spouse is a skilled worker in Canada, which may include a letter from your spouse’s employer, stating his/her job title, duties, and salary. If you cannot prove that your spouse is in a skilled occupation, your application for a work permit cannot be approved without a Labour Market Impact Assessment from Employment and Social Development Canada.

I am a little surprised to see that my refusal came first even before my wife's PGWP decision. She is working full time as a registered ECE. What to do in this situation?
Thanks,
So you included her payslips, employment letter etc? If you did then ask for reconsideration. If you didn’t then reapply with documents.
 
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A_Waris

Star Member
Oct 24, 2023
57
1
So you included her payslips, employment letter etc? If you did then ask for reconsideration. If you didn’t then reapply with documents.
At that time, my wife didn't have the job. She found one after getting her implied status. So, there was no way we could have attached those documents. What I understand now is that I will have to reapply. But here's another question: do i get implied status after re-applying because I was working for an employer and now I need to stop unless I get my implied status. Does that Implied status grant me to restart working for my employer? Thx
 

Naturgrl

VIP Member
Apr 5, 2020
44,894
9,504
At that time, my wife didn't have the job. She found one after getting her implied status. So, there was no way we could have attached those documents. What I understand now is that I will have to reapply. But here's another question: do i get implied status after re-applying because I was working for an employer and now I need to stop unless I get my implied status. Does that Implied status grant me to restart working for my employer? Thx
Is your work permit still valid?
 

Naturgrl

VIP Member
Apr 5, 2020
44,894
9,504
No. my work permit was expired in July, and before that I got implied status valid until end of Sep (or the decision from CIC) which came yesterday.
You cannot work as your work permit is no longer valid and your SOWP was refused. You are no longer on implied status with refusal. You need to change your status to visitor as you are now out of status. So quit your job today and stop working.
 
Last edited:

scylla

VIP Member
Jun 8, 2010
95,848
22,113
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
At that time, my wife didn't have the job. She found one after getting her implied status. So, there was no way we could have attached those documents. What I understand now is that I will have to reapply. But here's another question: do i get implied status after re-applying because I was working for an employer and now I need to stop unless I get my implied status. Does that Implied status grant me to restart working for my employer? Thx
You are out of status and have to stop working. You'll need to apply to restore your status and will be able to start working again once you hold a valid work permit again. You will not have implied status while you wait. You are out of status.
 

A_Waris

Star Member
Oct 24, 2023
57
1
You are out of status and have to stop working. You'll need to apply to restore your status and will be able to start working again once you hold a valid work permit again. You will not have implied status while you wait. You are out of status.
Thank you...
 

A_Waris

Star Member
Oct 24, 2023
57
1
another problem, got work permit for wife stating she is not authorized to work in childcare, school etc.. but she did her diploma as an ECE... how to rectify this now?
 

scylla

VIP Member
Jun 8, 2010
95,848
22,113
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

scylla

VIP Member
Jun 8, 2010
95,848
22,113
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
many of her friends didn't go for medical and still got PGWP stating no conditions.. how to do medical or any specific requirements.. thanks for the help
I'm surprised to hear that about her friends. This is a normal condition on work permits that has to be specifically removed.

Read through this for more information and next steps: https://www.canada.ca/en/immigration-refugees-citizenship/services/application/medical-police/medical-exams/requirements-temporary-residents.html
 

A_Waris

Star Member
Oct 24, 2023
57
1
I'm surprised to hear that about her friends. This is a normal condition on work permits that has to be specifically removed.

Read through this for more information and next steps: https://www.canada.ca/en/immigration-refugees-citizenship/services/application/medical-police/medical-exams/requirements-temporary-residents.html
Thanks, i read the info and it says the following (for medical exam)
If you plan to stay for more than 6 months
You need a medical exam if at least one of these applies to you:


She has been here since last Sep 2022 and never left. So she doesn't require medical exam.. anyway.. thanks for your help