RECONSIDERATION LETTER REQUEST TO IRCC

[Naturgrl]

When I read this reply last week, I was sad and frustrated. Cuz I submitted a webform ask for reconsideration of a PWGP spouse open work-permit due to lacking PGWP main applicant's employment letter. But at that point, since we applied jointly. It would have been unreasonable to expect an employment letter, as WITHOUT PGWP confirmation letter, main applicant was not legally allowed to work yet. How could they expect an employment letter if PGWP and Spouse WP were applied together at that time? So I submitted the employment letter by webform and explained I had the employment letter since May, I was refused on Sep 24th. I was hopefully for a positvie reconsideration. But today, after a month. They send me a message back said decision remain unchanged. We should submit a new application and pay the fee.I looked it up, the processing time is now 138 days. It's so frustrating.

So now my questions is that.
My father in low is almost 80 years old. He has just done a surgical operation. His condition isn't very good.
I have submitted the Restoration application 2 weeks ago. During the 138days of waiting time for the restoration, my husband can't leave Canada.
We worried that my father in law's condition might go worse, if he can't leave the country other wise the restoration will be cancelled.
We talked to a consultant, he suggest us to withdraw the restoration and leave Canada right away. Do a new application (PGWP Spouse open work permit application ) in his home country. So that he can wait there while keeping his father company incase anything bad happened.

Is that workable please? I am so lost direction. I read lots of your relies. You seem like very knowledgeable in this field. Hopefully you can give me some guidance.

When my father pass away, I wasn't there. I don't want that happened to my husband as well.

Thank you so much for your time.

If husband needs to return to be with his father, then he must go. Apply for SOWP outland. What country.

 

[FallenA]

If husband needs to return to be with his father, then he must go. Apply for SOWP outland. What country.

South Korea

 

[FallenA]

If husband needs to return to be with his father, then he must go. Apply for SOWP outland. What country.

We called IRCC to withdraw the restoration. He is leaving the country within 12 hours. We are going to prepare an SOWP application and submit it right after he left Canada. But there is one more question from IRCC said :"A medical exam may add over three months to the processing of your application. " Shall we wait until he has the medical exam and then start the application or can we submit application now and the submit the medical exam separately? If we can submit it later, how? By webform or how? Actually I read this from IRCC as well. If he left for South Korea then apply, he didn't actually stay there for 6months yet. Does he still need a medical exam do you know? By the way, we are looking for a consultant for PR preparing. Do you have anyone to recommend please? Thanks in advance.
If you plan to stay for more than 6 months
You need a medical exam if at least one of these applies to you:

• You have lived in or travelled to one or more of these countries or territories for 6 months or more in a row in the year before you come to Canada.

 

[FallenA]

If husband needs to return to be with his father, then he must go. Apply for SOWP outland. What country.

Also, I just find out we need police certificate for all countries that he lived over the pass 10 years. Does he need police certificate from Canada as well? in this case, he will have to cancel the flight for tomorrow and go to get one tomorrow.

 

[Viktoriia12345]

Also, I just find out we need police certificate for all countries that he lived over the pass 10 years. Does he need police certificate from Canada as well? in this case, he will have to cancel the flight for tomorrow and go to get one tomorrow.

Hi! I am not an immigrant consultant and I haven't read this thread thoughtfully. From what I know Canada doesn't need it's own police certificate as they have access to their databases anyway. It wasn't required when I submitted my application.
If you find out you need a police certificate from Canada when you're outside oft he country, you can visit Canadian consulate, pretty sure they should be able issue one or help you to obtain it. It seems easier then canceling the flight. I wish you all the best!

 

[Donna-joy]

I think with reconsideration the processing time depends on the case; how complex it is. For my case I was refused because I didn't not submit my medicals within the time frame. The evidence was that, it was the Panel Physician that delayed in submitting my results.

So a reconsideration request was put in and my application status changed. So I think it will depend on the case at hand. Thank you

How did it go? was it considered? did you got approved?

 

[Hazelle06]

Hi there , has your application been approved? I also was refused and submitted a reconsideration and my status changed yo in progressagain. But still waiting for new update ,

I think with reconsideration the processing time depends on the case; how complex it is. For my case I was refused because I didn't not submit my medicals within the time frame. The evidence was that, it was the Panel Physician that delayed in submitting my results.

So a reconsideration request was put in and my application status changed. So I think it will depend on the case at hand. Thank you

 

[sommukherjee9271]

Hi there , has your application been approved? I also was refused and submitted a reconsideration and my status changed yo in progressagain. But still waiting for new update ,

Hi, could you kindly share what your refusal reason was and what kind of supporting arguments you provided in the reconsideration to challenge the refusal reasons? I am in the same boat currently and planning to draft a reconsideration request for my SOWP refusal, hence your experience could be of real help for me. Thanks in advance!

 

[sommukherjee9271]

Hi all, I am in similar boat as most of you in this thread. Applied for my SOWP in April and got the refusal in the month of May with the reason

I am not satisfied that you will leave Canada at the end of your stay as required by paragraph 200(1)(b) of the IRPR (https://laws.justice.gc.ca/eng/regulations/SOR-2002-227/section-200.html). I am refusing your application because you have not established that you will leave Canada, based on the following factors:
• The purpose of your visit to Canada is not consistent with a temporary stay given the details you have provided in your application.

I work in one of the top tech MNCs in the world with almost 7 years of experience. My wife is pursuing her PhD at UBC (has about 2 years of time left for the program to get over) and now we plan to stay together till her PhD gets completed, hence I had applied for the SOWP. I had provided ample evidence of Proof of funds, my employment information, property sale deeds which are tied to my name to demonstrate my strong ties to home country and our tentative future plans regarding what we plan to do on returning back to India. All those necessary documents had been provided, and despite that got the refusal with the above reason. I have been hearing from legal experts that the above reason has become one of the common grounds based on which many individuals are receiving their VISA rejections for Canada. I plan to send out a reconsideration letter to the IRCC officer (have requested for GCMS notes but they are yet to arrive). I wish to understand from folks in this forum regarding my possibilities of getting the application re-opened in a situation like this with the above reason of refusal, and if there are some obvious ways I can make the letter convincing (by referring to some immigration laws in this regard for example). Any inputs would be of real help. Thanks!

 

[canuck78]

Hi all, I am in similar boat as most of you in this thread. Applied for my SOWP in April and got the refusal in the month of May with the reason

I am not satisfied that you will leave Canada at the end of your stay as required by paragraph 200(1)(b) of the IRPR (https://laws.justice.gc.ca/eng/regulations/SOR-2002-227/section-200.html). I am refusing your application because you have not established that you will leave Canada, based on the following factors:
• The purpose of your visit to Canada is not consistent with a temporary stay given the details you have provided in your application.

I work in one of the top tech MNCs in the world with almost 7 years of experience. My wife is pursuing her PhD at UBC (has about 2 years of time left for the program to get over) and now we plan to stay together till her PhD gets completed, hence I had applied for the SOWP. I had provided ample evidence of Proof of funds, my employment information, property sale deeds which are tied to my name to demonstrate my strong ties to home country and our tentative future plans regarding what we plan to do on returning back to India. All those necessary documents had been provided, and despite that got the refusal with the above reason. I have been hearing from legal experts that the above reason has become one of the common grounds based on which many individuals are receiving their VISA rejections for Canada. I plan to send out a reconsideration letter to the IRCC officer (have requested for GCMS notes but they are yet to arrive). I wish to understand from folks in this forum regarding my possibilities of getting the application re-opened in a situation like this with the above reason of refusal, and if there are some obvious ways I can make the letter convincing (by referring to some immigration laws in this regard for example). Any inputs would be of real help. Thanks!

When did and your spouse get married? Have you been living and working in Canada? Living with your spouse? If not living in Canada where have you been living and what is your citizenship? India? Exactly how much time is left on her study permit and until the estimated completion of her PhD? How much time have you spent in person together in or before marriage if your wedding and over how many visits?

 

[sommukherjee9271]

When did and your spouse get married? Have you been living and working in Canada? Living with your spouse? If not living in Canada where have you been living and what is your citizenship? India? Exactly how much time is left on her study permit and until the estimated completion of her PhD? How much time have you spent in person together in or before marriage if your wedding and over how many visits?

Thanks for responding. We officially got married in April 2024 (marriage registration was done then). The social marriage happened in Jan 2025. I have stayed in India throughout my life and I am an Indian, applied for the SOWP from India only. My wife is also Indian and both of us have stayed in India only throughout our life so far as citizens. My wife started her program in 2021 fall. From 2023 Oct to 2025 May she was in India for her PhD fieldwork, and now she is returning back to Canada again. Her work permit is valid till 2026 Oct and is subject to renewal if the PhD program extends (Estimated time for the PhD completion would be 2 years from now). I applied for the SOWP now because post our social marriage only we planned to move together (plus for the bulk of 2024 post our marriage registration she was in India only for her PhD fieldwork so there was no point of applying for the SOWP then. Now that she has to go back, that's why chose this time). I know her from childhood and in relationship since 2022. As proof of relationship I have uploaded our photos as well, from marriage (both official and social), photos with parents and friends, photos from social medial etc. I have not visited Canada before, but we have visited UK and EU for vacation purposes (proofs of all of those have been attached as part of passport pages). There are no records of overstay in any of those visits either. I also have US B1 Visa. Hope this helps.