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question regarding refusal letter

I

I.shawki

Member
Dec 27, 2024
12
0
that is the refusal letter for my wife's extension for OWP

"" This letter refers to your application for a work permit.
Based on your application and accompanying documentation that you have provided, I have carefully considered all information and I am not satisfied that you meet the requirements of the Immigration and Refugee Protection Act and Regulations. Your application as requested is therefore refused.
You have not demonstrated that you are eligible to apply for an Open Work Permit under the Immigration and Refugee Protection Regulations. Your prospective employer is responsible for obtaining a valid Labour Market Impact Assessment and Confirmation from Employment and Social Development Canada.
We also wish to advise you that your temporary resident status expired on December 20, 2024.
You may apply for restoration if, within 90 days from the expiry of your temporary resident status. ""

I am going to apply for restoration of status for her OWP but,
regarding this paragraph " Your prospective employer is responsible for obtaining a valid Your prospective employer is responsible for obtaining a valid Labour Market Impact Assessment and Confirmation from Employment and Social Development Canada. and Social Development Canada. "

my wife was holding OWP but she was not working, she did not get any job during her stay and now she is raising 1 month old child so she will not be able to work,

I will apply again for restoration after the extension refusal is that going to be an obstacle to get another OWP or do we have to find a job offer?
or
can we claim that she will do volunteer work ?
or
is it necessary to get a job offer supported by Your prospective employer is responsible for obtaining a valid Labour Market Impact Assessment and Confirmation from Employment and Social Development Canada?
or
it does not affect her application?
 
N

Naturgrl

VIP Member
Apr 5, 2020
45,670
9,773
I.shawki said:
that is the refusal letter for my wife's extension for OWP

"" This letter refers to your application for a work permit.
Based on your application and accompanying documentation that you have provided, I have carefully considered all information and I am not satisfied that you meet the requirements of the Immigration and Refugee Protection Act and Regulations. Your application as requested is therefore refused.
You have not demonstrated that you are eligible to apply for an Open Work Permit under the Immigration and Refugee Protection Regulations. Your prospective employer is responsible for obtaining a valid Labour Market Impact Assessment and Confirmation from Employment and Social Development Canada.
We also wish to advise you that your temporary resident status expired on December 20, 2024.
You may apply for restoration if, within 90 days from the expiry of your temporary resident status. ""

I am going to apply for restoration of status for her OWP but,
regarding this paragraph " Your prospective employer is responsible for obtaining a valid Your prospective employer is responsible for obtaining a valid Labour Market Impact Assessment and Confirmation from Employment and Social Development Canada. and Social Development Canada. "

my wife was holding OWP but she was not working, she did not get any job during her stay and now she is raising 1 month old child so she will not be able to work,

I will apply again for restoration after the extension refusal is that going to be an obstacle to get another OWP or do we have to find a job offer?
or
can we claim that she will do volunteer work ?
or
is it necessary to get a job offer supported by Your prospective employer is responsible for obtaining a valid Labour Market Impact Assessment and Confirmation from Employment and Social Development Canada?
or
it does not affect her application?
Click to expand...
So is your spouse on PGWP and not working? If so, you are not eligible for SOWP unless she has a job and payslips. You cannot work until work permit is approved. So you need to decide what to do to keep status as visitor or worker if spouse gets a job.
 
I

I.shawki

Member
Dec 27, 2024
12
0
No iam holding close Work permit ( as husband)
And she( my wife) was holding SOWP
I am still working but she didn't since she come to Canada on SOWP
 
N

Naturgrl

VIP Member
Apr 5, 2020
45,670
9,773
I.shawki said:
Her SOWP Expired on August 28 ,2024 ,applied for extension refused and her maintained status expired December 2024
My NOC is :95109
Click to expand...
When does your permit expire? Did you provide payslips and job letter? Her SOWP is based on your work permit so she doesn’t show that she is working, you do. One issue is that the government announced in September is that spouses will no longer be eligible for SOWPs unless spouse on closed work permit or PGWP have high skilled jobs.
 
I

I.shawki

Member
Dec 27, 2024
12
0
My work permit expired in same day as my wife August 28,
I did submit all requirements, how ever my employer applied for LMIA in July and then for extension on August 24 then I applied for my wife SOWP on August 26 and I attached my maintained status letter and there was no approval yet for my LMIA or my close WP
Now I have LMIA approval and I am waiting for my close WP .
So ,based on that I am I eligible to apply for SOWP
So I will apply for restoration of status as worker?
Or as visitor?
Or what I have to do in this case based on the letter ?
 
Last edited:
N

Naturgrl

VIP Member
Apr 5, 2020
45,670
9,773
I.shawki said:
My work permit expired in same day as my wife August 28,
I did submit all requirements, how ever my employer applied for LMIA in July and then for extension on August 24 then I applied for my wife SOWP on August 26 and I attached my maintained status letter and there was no approval yet for my LMIA or my close WP
Now I have LMIA approval and I am waiting for my close WP .
So ,based on that I am I eligible to apply for SOWP
So I will apply for restoration of status as worker?
Or as visitor?
Or what I have to do in this case based on the letter ?
Click to expand...
She can try and apply for SOWP but without your approval, it still might be approved. And with changes to SOWPs as announced in September, she may not even be eligible for SOWP anymore.

https://www.canada.ca/en/immigration-refugees-citizenship/news/2024/09/strengthening-temporary-residence-programs-for-sustainable-volumes.html
 
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