Open Work Permit rejected without a satisfactory reason. Why?

[sanrupid]

Hello,

I applied for open work permit as a common-law partner and today I got my passport. In the document it is written as shown below:

Grounds for refusal:

You have not demonstrated that you come within the exceptions under section 186 of the regulations
exempting you from the requirement to obtain a work permit or that your employment in Canada comes
within the exceptions to section 203 of the regulations.

Other grounds for refusal and/or missing documents: 0


When I searched for the result on the internet, I saw that everybody's letter contain something beginning with "as a result....". But I have nothing.

On the other hand I looked for the regulation 186 and yes it is not for me.

Also I looked for the regulation 203 and on page 50(if you search for Temporary Foreign Worker Guidelines, you will find the pdf document) I see this sentence "The applicant’s spouse is not eligible for an open work permit and requires an LMO if applying for a work permit.".

While applying for the visa, nobody said that I needed an LMO!!!! And I did not see anywhere including the official page that I needed that. The VAC officers did not tell me that I needed that document. Did I really need an LMO?

Why do you think they refused my application and what can I do? By the way my partner's student visa is being processed!!!

 

[amira_mais]

Correct me if I'm wrong - it looks like you applied for an open work permit on the basis of your partner applying for authorization to study in Canada. However your last sentence indicates that your partner's student permit is still being processed. So this is the problem: you aren't eligible to get a spousal open work permit until AFTER your partner has been granted his student permit.

 

[sanrupid]

You are right. But as far as we know our applications are processed at the same time and that's why we applied together. Otherwise I would wait to apply for myself. I really am confused.

 

[amira_mais]

No, the applications can't be processed together. Your SOWP is dependent on his SP, so the SP has to be issued first. You can always apply again if he does get a SP.

 

[sanrupid]

Thanks for the answers. I sent an e-mail to the embassy to learn the exact refusal reason and today I got my reply. Unfortunately, they gave me a general answer again. Still I do not know the exact reason. How can I learn it? Should I ask them again or what?

 

[scylla]

CIC may not be convinced that you are common law. What proof did you provide that you have lived together at the same address for a minimum of one full year?

 

[sanrupid]

CIC may not be convinced that you are common law. What proof did you provide that you have lived together at the same address for a minimum of one full year?

We did not live together at the same address due to several reasons but we had enough evidence that our relationship is genuine and it is more than 1 year. We have joint account and we have been sharing many financial things.

Do you believe that they rejected my application just because we did not live together or I applied for the visa at the wrong time? This is the point I would like to find out now. And then I would like to learn how I can get the visa.

 

[scylla]

We did not live together at the same address due to several reasons but we had enough evidence that our relationship is genuine and it is more than 1 year. We have joint account and we have been sharing many financial things.

Do you believe that they rejected my application just because we did not live together or I applied for the visa at the wrong time? This is the point I would like to find out now. And then I would like to learn how I can get the visa.

In that case is makes sense you were rejected. For Canadian immigration purposes, the legal definition of common law is that you have lived together at the same physical address for at least one full year. If you haven't done this - then you're not common law and don't qualify for the open work permit. It doesn't matter how long you have been dating or that you have a joint bank account - you must have lived together for a year to be common law.

So you were correctly refused. You unfortunately do not qualify for the open work permit based on your partner's student visa.

 

[scylla]

In fact, you asked this question back in May in the discussion below and I told you that you would be refused:

http://www.canadavisa.com/canada-immigration-discussion-board/open-work-permit-application-related-to-my-partner-will-canada-accept-t202704.0.html;msg3125842#msg3125842

 

[sanrupid]

In fact, you asked this question back in May in the discussion below and I told you that you would be refused:

If that is the reason, why don't they write it clearly? When I look at the explanation I think that something is wrong with my job or work experience etc.

If I apply for TRV to be with my partner in Canada, do you think that they will accept this time? Or I will have no chance to get any kind of visa?

 

[scylla]

CIC has a standard set of replies for refusals. The reply you received is the standard reply sent to people who don't qualify to apply for the type of visa they have applied for. Again, I'm not sure why you were surprised or confused when you were refused given you were told this was going to happen and why.

You can certainly apply for a TRV to visit Canada - however it's impossible to say whether it will be approved. To be approved, you will have to show strong ties to your home country and prove you have no plans on remaining in Canada long term.

 

[sanrupid]

CIC has a standard set of replies for refusals. The reply you received is the standard reply sent to people who don't qualify to apply for the type of visa they have applied for. Again, I'm not sure why you were surprised or confused when you were refused given you were told this was going to happen and why.

You can certainly apply for a TRV to visit Canada - however it's impossible to say whether it will be approved. To be approved, you will have to show strong ties to your home country and prove you have no plans on remaining in Canada long term.

I am not surprised. It was in my mind that I could be rejected due to my relationship but I was expecting a better explanation. They could say that "Your relationship does not fit our regulations, so your application is refused". That's it!!! It should not be that much hard.

If it comes to strong ties to my country and my travel background, I believe that I am a very good candidate. I have several and strong reasons to come back and I will.

By the way if I go to Canada with tourist visa, can I apply for OWP inside Canada? I mean can I apply again through my partner or should I find an employer? And what happens if I get married with my partner? Does the marriage change that "living one year together" rule?

 

[fkl]

No, the applications can't be processed together. Your SOWP is dependent on his SP, so the SP has to be issued first. You can always apply again if he does get a SP.

That is not correct. Study visa + SOWP OR Work visa + SOWP can ALWAYS be submitted and processed together as long you meet the requirements. There must have been some reason e.g. they might not have been convinced of Common law (needs a lot more proof than when married etc.) or something. You should order notes to see the actual reason. The quoted refusal sounds too generic. At any rate applying together is not at all the reason for refusal.

 

[fkl]

In that case is makes sense you were rejected. For Canadian immigration purposes, the legal definition of common law is that you have lived together at the same physical address for at least one full year. If you haven't done this - then you're not common law and don't qualify for the open work permit. It doesn't matter how long you have been dating or that you have a joint bank account - you must have lived together for a year to be common law.

So you were correctly refused. You unfortunately do not qualify for the open work permit based on your partner's student visa.

Exactly - this is the reason.

 

[scylla]

By the way if I go to Canada with tourist visa, can I apply for OWP inside Canada? I mean can I apply again through my partner or should I find an employer? And what happens if I get married with my partner? Does the marriage change that "living one year together" rule?

You can only apply for an open work permit once you are married to your partner. As with the visitor visa, there is no guarantee the open work permit will be approved.