OWP Refused under new family reunification policy

[scylla]

Dear Ercan,

I want to express my gratitude for taking the time to address this matter; your assistance is truly valued. Unfortunately, my wife's Open Work Permit (OWP) application was denied on the grounds that it is only applicable to those whose PR application falls under the "Spouse or Common-Law Partner in Canada Class."

Following the advice of another user, I have initiated the process of obtaining GCMS notes for further insight.

To provide some context for a clearer understanding, my wife and I got married in Dubai, and we applied for PR as a Spouse or Common-law partner outside Canada on March 17, 2023. We have received the AOR, completed the medical requirements, and are currently in progress with eligibility and background checks. Additionally, my wife holds a visitor visa valid until 2032.

In June, she visited Canada for a two-week period, during which we applied for the OWP on June 29, 2023. Adhering to online application instructions, we filled out the required questionnaires provided by the IRCC system. Subsequently, she returned to Dubai and came back to Canada on October 7, 2023.

Unfortunately, we received a refusal, citing the reason mentioned above.

My question is, can we reapply? If so, what steps should we take, considering the online application does not have an option to attach a Letter of Explanation (LOE) or any documents other than the requested forms?

I would greatly appreciate your guidance on this matter, and any suggestions you can provide will be immensely helpful.

Thank you and regards,

Your wife needs to be living in Canada to qualify for the OWP. Reapplying only makes sense if she plans on staying. If she plans on leaving again, then I would not apply again.

 

[pawan01]

Thank you for the context. This might contain the real reason for your refusal. Again, this is only my speculations: The refusal letter is often generic and does not fully disclose the reason of refusal. To be eligible under this public policy your wife has to be living with you in Canada and must have a status. Since she left she effectively fails the 1.V criteria (see my first link) as she has no more status in Canada (trv doesn't equal to a status) Additionally, I belive that you didn't really satisfy the officer that she really lives with you due to her long absence.

So you must reapply. I still recommend submitting the LOE. I don't remember which exact field to attach it to but when you get your checklist, there is one field that offers you to submit additional info. Check the ? (Help signs).

Hello Ercan,

Your guidance is absolutely very very helpful for us. We will reapply with LOE and then see how it goes.. Last question: when she came in June and we apply for OWP. We did not tell anyone that she left.. we did change the address for her to Canadian address (same as mine). Do you think they have access to travelling record?

 

[scylla]

Hello Ercan,

Your guidance is absolutely very very helpful for us. We will reapply with LOE and then see how it goes.. Last question: when she came in June and we apply for OWP. We did not tell anyone that she left.. we did change the address for her to Canadian address (same as mine). Do you think they have access to travelling record?

Yes, there are ways for them to access.

 

[armoured]

Thank you for the context. This might contain the real reason for your refusal. Again, this is only my speculations: The refusal letter is often generic and does not fully disclose the reason of refusal. To be eligible under this public policy your wife has to be living with you in Canada and must have a status. Since she left she effectively fails the 1.V criteria

Yes, I think you've hit the nail on the head. We've been asked this question repeatedly since the policy was established, and now it seems pretty clear - the answer is that since the new policy (and the old) is intended for those IN Canada, leaving Canada can result in a refusal.

And yes, IRCC might not discover an applicant has left Canada - they might not just check the files. But you'd have to be an idiot to think that they're not capable of it if they choose to enforce the policy.

[Sorry/not sorry to the idiots out there]

 

[pawan01]

Yes, I think you've hit the nail on the head. We've been asked this question repeatedly since the policy was established, and now it seems pretty clear - the answer is that since the new policy (and the old) is intended for those IN Canada, leaving Canada can result in a refusal.

And yes, IRCC might not discover an applicant has left Canada - they might not just check the files. But you'd have to be an idiot to think that they're not capable of it if they choose to enforce the policy.

[Sorry/not sorry to the idiots out there]

Thank you, Armoured. But here's the puzzling part that still eludes me, When my wife was here in June and we submitted our OWP application, I rang up IRCC and had a chat with a representative. I made it crystal clear that we were heading to Dubai, and if this trip would affect our ongoing OWP application, please give us the heads up so we can reconsider our travel plans. The agent assured me on three separate occasions that our travel wouldn't impact the application. I even went the extra mile during the OWP application process and contacted my local MP to inquire about the status. I explicitly mentioned that my wife was currently abroad and asked the MP to check with IRCC whether this would affect our case. My understanding was that if it would be a hiccup, we'd hold off on travel or get her back pronto. Anyway, thanks to the insightful suggestions here (kudos to everyone), I'll bide my time for the GCMS points, then proceed with a re-application, and this time around, we'll be staying put in Canada.

 

[scylla]

Thank you, Armoured. But here's the puzzling part that still eludes me, When my wife was here in June and we submitted our OWP application, I rang up IRCC and had a chat with a representative. I made it crystal clear that we were heading to Dubai, and if this trip would affect our ongoing OWP application, please give us the heads up so we can reconsider our travel plans. The agent assured me on three separate occasions that our travel wouldn't impact the application. I even went the extra mile during the OWP application process and contacted my local MP to inquire about the status. I explicitly mentioned that my wife was currently abroad and asked the MP to check with IRCC whether this would affect our case. My understanding was that if it would be a hiccup, we'd hold off on travel or get her back pronto. Anyway, thanks to the insightful suggestions here (kudos to everyone), I'll bide my time for the GCMS points, then proceed with a re-application, and this time around, we'll be staying put in Canada.

The IRCC call centre is unfortunately useless for all but the most basic question. They give out wrong / misleading information regularly so what they told you can't be trusted.

 

[Copingwithlife]

Hello Ercan,

Your guidance is absolutely very very helpful for us. We will reapply with LOE and then see how it goes.. Last question: when she came in June and we apply for OWP. We did not tell anyone that she left.. we did change the address for her to Canadian address (same as mine). Do you think they have access to travelling record?

Of course they do . It’s 2023 .It’s probably the first thing the VO does . Request a pull of the travel history records of the applicant . All the passport data given to the airlines goes somewhere

 

[armoured]

Thank you, Armoured. But here's the puzzling part that still eludes me, When my wife was here in June and we submitted our OWP application, I rang up IRCC and had a chat with a representative.

I don't have much to add to @scylla's point, save that any uncertainty / crossed signals are going to be even more acute when it's a new and temporary policy. Even the terminology (as seen in your refusal) can confuse those within the govt, let alone us mere mortals.

Entirely possible they hadn't explicitly considered how to approach this when the Minister (now former Minister) announced it. And also possible they thought one thing (okay to travel) until someone pointed out that this would contradict existing policy on the inland OWP program.

 

[ERCAN]

The question whether IRCC can see the border crossing data reminds me of a Eddie Izzard performance about learning french and coming to an hotel in France.
"- Vous avez une chambre, monsieur?
- Oui, nous avons les chambres! Nous sommes un hôtel!"

The letter "I" in IRCC does mean something

On the serious note: https://www.fragomen.com/insights/canada-enhanced-access-to-entryexit-data-for-ircc-officers.html

 

[armoured]

On the serious note: https://www.fragomen.com/insights/canada-enhanced-access-to-entryexit-data-for-ircc-officers.html

Thanks for this citation - I knew they had access, and also that it was reasonably 'fast', but this comment in here that 'within minutes' means effectively that the access is continuous and from desktop. Other things I've read were rather vague about how this access is administered.

It's significant not just because it's 'quicker' - but that it's so much quicker and convenient ('live' almost) that IRCC officers mostly won't be overlooking this data - or just avoiding it because it's tedious. (Well, any more than anythign else, anyway).

This may not seem like a big deal to outsiders (like us) but I assure it is - just imagine how it is when you (by comparison) have to fill out a form, trudge down to some registration desk, wait weeks or months for it to come back by internal mail, etc. Inevitably some get dropped, some get delayed, some get lost or forgotten, some have a delay big enough that it comes too late to be useful (i.e. they've already moved the file), etc. And the biggest one of all: sometimes they just don't do the paperwork if it's too tedious and takes too long.

This kind of access, probably by UCI# direct from your computer? Even if it's somewhat slow, you do it at least once a day. Huge difference for officers (and 'enforcement' loosely stated).

 

[HTS_QC]

I would go even a step further: the officer might be able to set up and receive an automatic notification when an applicant whose file they are working on travels in/out of Canada

 

[miggy24]

Hi Pawan, I just want to ask if before you got the refusal, did your wife get a correspondence stating his biometric validity letter and on GCkey its in final decision and her application is in progress? As I had just contacted an agent this morning telling me that my application was refused but apologized after putting me on hold that my OWP is still open and in progress. The agent even told me to wait on the 137th day and that will be on November 27th.

Anyone please who has thoughts of this?

thank you

 

[pawan01]

Hi Pawan, I just want to ask if before you got the refusal, did your wife get a correspondence stating his biometric validity letter and on GCkey its in final decision and her application is in progress? As I had just contacted an agent this morning telling me that my application was refused but apologized after putting me on hold that my OWP is still open and in progress. The agent even told me to wait on the 137th day and that will be on November 27th.

Anyone please who has thoughts of this?

thank you

Hello Miggy24,

When I submitted my wife's OWP application, she had received the AOR, completed the medical examination, and had eligibility and background checks in progress. On GC Key, it indicates that they are still reviewing the eligibility with the final decision pending. Unfortunately, the application was refused because it stated that she is not eligible for OWP, as it is only for those whose spousal application was submitted inland. Despite this, she is currently in Canada and has received her pre-arrival letter. I have updated her address on the tracker to her Canadian address. We have reapplied for the OWP, including an explanation letter, and now we are in the waiting phase. I hope this provides some clarity.

 

[Edmegbc]

Will follow this post closely. Sponsor and PA currently living in UK but on a hard deadline to be in BC of May 24. Submitted on 23/10/2023 so if processing is standard (12 months) PA will be entering canada as visitor next year.

 

[djjosh]

Hello Miggy24,

When I submitted my wife's OWP application, she had received the AOR, completed the medical examination, and had eligibility and background checks in progress. On GC Key, it indicates that they are still reviewing the eligibility with the final decision pending. Unfortunately, the application was refused because it stated that she is not eligible for OWP, as it is only for those whose spousal application was submitted inland. Despite this, she is currently in Canada and has received her pre-arrival letter. I have updated her address on the tracker to her Canadian address. We have reapplied for the OWP, including an explanation letter, and now we are in the waiting phase. I hope this provides some clarity.

Did you apply to get the GCMS notes yet?