Open work permit refused (inland)

[melans21]

Hello.

i have a also same situation with you guys. My spouse and my son got their refusal last nov 17. My spouse owp refusal same with yours and for my son was refused because he needs to provide a letter of acceptance from a university stating the program, start and enddateof study. How come when he is in a primary school.
During our application, I did not attached my coe, payslips and his enrollment letter that maybe causing the refusal. My fault. So what I did was I appeal to the officers decision and submitted a letter of reconsideration thru ircc webform and attached all the documents that they need to reconsider their application including my employment letter for Food supervisor job , latest payslips, enrollment letter of my son, our bank statements and my pgwp correspondence letter.

Question:
1. Is my spouse has need to stop working even if he has a valid work permit until march 2025. ?I applied him on the 18mos extension policy for owp.
2. Do I have to wait on the updates or decision on the reconsideration that I submitted? But the thing is, IRCC refunded me for the refused application of my dependents. Does it mean that the decision is final?

I do really need your advices on this. Thanks in advance . I will really appreciate all your help.

 

[Olops2002]

Has your original WP already expired or is it still valid?

Hi Scylla,
My OWP expired July 30 2023 but before then, i had applied for extension using my wifes PGWP. Its the extension that i applied in july that got refused today.I had no idea i needed to put my wifes employment letter and paystub obviously this is the reason it was refused.

 

[scylla]

Hi Scylla,
My OWP expired July 30 2023 but before then, i had applied for extension using my wifes PGWP. Its the extension that i applied in july that got refused today.I had no idea i needed to put my wifes employment letter and paystub obviously this is the reason it was refused.

You'll need to apply to restore your status.

Flagpoling isn't an option since you are out of status.

 

[Olops2002]

You'll need to apply to restore your status.

Flagpoling isn't an option since you are out of status.

Thanks Scylla...
do you mean even with my valid visitors visa i cannot flagpole you mean?

 

[scylla]

Thanks Scylla...
do you mean even with my valid visitors visa i cannot flagpole you mean?

Your TRV is valid but you don't have valid status in Canada. Flagpoling is not recommended while out of status. Your choice of course. But you're only supposed to flagpole if you have valid status in Canada.

 

[Olops2002]

Great..I understand now..Thanks alot for the info....I will apply for restoration but it annoyingly take long too..Imagine recieving this decision since july 20th

You d best

 

[Olops2002]

Hi Guys, just dropping some quick update here regarding my SOWP thats was refused inland...I went to flagpole today 5th of July 2023 at Sarnia border (Blue water bridge). Left kitchener around 5 am and got there like 7.09am. Went to the USA Border and got my refusal letter then headed to the canada border. I got my SOWP within 1 hour. The process was smooth and easy.Officers were also friendly.

Documents asked

Wifey's PGWP, Her passport, graduation letter, transcripts,employment letter, Marriage cert, 3 months pay stub and evidence that i stopped work immediately i was refused

Officer asked why i didnt restore and risked crossing to USA and invalidate my status but i told him that since i had VV i thought i could do it..He didnt like the way i was refused at the USA though but no negative future implication envisaged.

Thought to update you guys.. Plus i decided to go far to Sarnia because of the stories i kept hearing about niagra(wait times and sot allocation)

Best of Luck

 

[Mist15]

Hey,
I have received this same type of rejection.

“You have not provided sufficient evidence to prove that your spouse is employed in an
occupation that falls within the National Occupation Classification Skill levels. 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 bit worried here I have been working for 9 months as a mechanical engineer when my wife was in her student permit. We have applied together for her to get her PGWP and me to get my OWP.
Because of the job market my wife is not able to get a job. We are trying our level best. Can someone help me with my options? She is currently doing freelance at the side but this letter would mean me losing my job and all.

thank you well in advance for taking the time and replying.

 

[Naturgrl]

Hey,
I have received this same type of rejection.

“You have not provided sufficient evidence to prove that your spouse is employed in an
occupation that falls within the National Occupation Classification Skill levels. 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 bit worried here I have been working for 9 months as a mechanical engineer when my wife was in her student permit. We have applied together for her to get her PGWP and me to get my OWP.
Because of the job market my wife is not able to get a job. We are trying our level best. Can someone help me with my options? She is currently doing freelance at the side but this letter would mean me losing my job and all.

thank you well in advance for taking the time and replying.

So you are not eligible for an open work permit based on her PGWP unless she has a job and can submit job letter with paystubs. Has your permit expired?

 

[Mist15]

So you are not eligible for an open work permit based on her PGWP unless she has a job and can submit job letter with paystubs. Has your permit expired?

Yes, on Dec 7th am currently on unpaid leave

 

[Naturgrl]

Yes, on Dec 7th am currently on unpaid leave

You aren’t on unpaid leave. You don’t have a work permit. You are without status so need to change to visitor. Your spouse needs to prove that she has a job with job letter and paystubs. Then you can restore your status to worker and apply for a work permit.

 

[Olops2002]

Hey,
I have received this same type of rejection.

“You have not provided sufficient evidence to prove that your spouse is employed in an
occupation that falls within the National Occupation Classification Skill levels. 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 bit worried here I have been working for 9 months as a mechanical engineer when my wife was in her student permit. We have applied together for her to get her PGWP and me to get my OWP.
Because of the job market my wife is not able to get a job. We are trying our level best. Can someone help me with my options? She is currently doing freelance at the side but this letter would mean me losing my job and all.

thank you well in advance for taking the time and replying.

Hey Mist..Stop work immediately and apply for visitors visa if you do not have one.Freelance is not counted as job offer. Make sure your wife has a job offer then you can apply for restoration of status alongside a new work permit. You currently do not have any status so there is nothing like being on Leave.it means you are not eligible to work anymore. once your wife get a job, apply again.. Also if your visitors visa comes out by the time your wife gets a job and she is able to show 3 months paystub, you can re-apply or flagpole.

Wish you all the best

 

[Mist15]

My OWP was rejected before my wife got her PGWP approval. So, does it make sense for applying for reconsideration?

 

[Olops2002]

My OWP was rejected before my wife got her PGWP approval. So, does it make sense for applying for reconsideration?

Once your wife i able to secure a job and able to show 3 months paystub, you can re-apply for sowp.... do not apply for re-consideration..if these mentioned documents are not provided, you may be refused again..no need to waste money to apply for re-consideration

 

[Olops2002]

My OWP was rejected before my wife got her PGWP approval. So, does it make sense for applying for reconsideration?

Pending till youe wife gets a job, quickly apply for inland visitors visa...otherwise, after 3 months and these conditions are not met, you may be forceful ejected from canada by law