Rejection of the OWP, but no updates on the main applicant (Non-SDS)

[andlkv]

Hi there,
On May 14 I applied to the Study Permit and Open Work Permit for my common-law partner (In 1 Application)
On May 21 my partner received BVL and rejection letter on the next day (May 22).

There are still no updates on my application for the Study Permit. Are there any chances NOT to get a rejection?
Did anyone have a faster response to the partner's application or approval after the partner's rejection?

 

[PDA_1201]

Hi there,
On May 14 I applied to the Study Permit and Open Work Permit for my common-law partner.
On May 18 our biometrics were submitted.
On May 21 my partner received BVL and rejection letter on the next day (May 22).

There are still no updates on my application for the Study Permit. Are there any chances not to get a rejection?
Did anyone have a faster response to the partner's application?

Hi, Can you please share the reason for the refusal?

 

[andlkv]

Hi, Can you please share the reason for the refusal?

There are no reasons to rely on comments from the rejection letter, so I've requested the GCMS notes to get the real ones.

 

[wonderbly]

There are no reasons to rely on comments from the rejection letter, so I've requested the GCMS notes to get the real ones.

They didn't include any reasons in the letter at all? If the OWP was rejected so quickly, chances of approval for the SP is also low, unless the reason for rejection is due to the DLI not eligible for SOWP..

 

[andlkv]

They didn't include any reasons in the letter at all? If the OWP was rejected so quickly, chances of approval for the SP is also low, unless the reason for rejection is due to the DLI not eligible for SOWP..

The first (and I think the main reason) is:
• I am not satisfied you meet the definition of Common-law as per R1(1), and accordingly, you are not eligible for a C42 LMIAE work permit.
But that reason is kind of weird because we submitted a variety of proofs, and even our consultant said it is the best pack he has seen.
That's why I want to look at GCMS first.
The other ones are about her current employment situation and limited employment prospects in our country of residence.
But that is strange because she is a student in her final year (teacher of English) and a freelance English teacher as well. That's why even this SOWP will also help in her career.

 

[andlkv]

As I get from other forums: applications could be considered separately and even by the different visa officers.
So even after my partner's rejection, I still hope to be approved and start to work on her rejection more closely with relief on my student future.
All proofs of the common-law union were submitted to my main SP application, so I'm afraid that the visa officer could miss that while considering her SOWP application.
I don't think that they could be so inattentive, but everything happens.

 

[Naturgrl]

The first (and I think the main reason) is:
• I am not satisfied you meet the definition of Common-law as per R1(1), and accordingly, you are not eligible for a C42 LMIAE work permit.
But that reason is kind of weird because we submitted a variety of proofs, and even our consultant said it is the best pack he has seen.
That's why I want to look at GCMS first.
The other ones are about her current employment situation and limited employment prospects in our country of residence.
But that is strange because she is a student in her final year (teacher of English) and a freelance English teacher as well. That's why even this SOWP will also help in her career.

So the officer doesn’t believe you are common-law. What did you submit for proof. How will an SOWP help her career? What are her IELTS scores if an English teacher? And FYI, every consultant says it is the best application they have ever submitted.

 

[wonderbly]

In addition to what Naturgrl said, some college programs do not have eligibility for SOWP. What college did you apply to?
Like I said initially, your SP can still be approved if the reason for the rejection of OWP doesn't also affect your SP (i.e. lack of funds, irrelevant course/ program, weak home ties, poor academic history, misrepresentation etc).

 

[andlkv]

So the officer doesn’t believe you are common-law. What did you submit for proof. How will an SOWP help her career? What are her IELTS scores if an English teacher? And FYI, every consultant says it is the best application they have ever submitted.

1) Statutory Declaration of common-law union signed by Ontario Notary Public
2) IDs with information about the same address of residence
3) Extract from the house register (an official document confirming cohabitation)
4) Bank certificate about the shared bank account
5) Scans of cards from the shared account with our names and a few utility bills paid by both cards for the last 2 years
6) a few bills issued for the same address of residence
7) Several shared trips on planes and trains from the last 2-3 years.
8) Common photos with dates and places from the last 4 years.
I thought it would be enough, but it seems like not. However, don't want to guess, will better wait for official notes.

She has IELTS 6.5 and we stated that she wants to volunteer at the local school.

 

[andlkv]

In addition to what Naturgrl said, some college programs do not have eligibility for SOWP. What college did you apply to?
Like I said initially, your SP can still be approved if the reason for the rejection of OWP doesn't also affect your SP (i.e. lack of funds, irrelevant course/ program, weak home ties, poor academic history, misrepresentation etc).

It will be a Masters's program at BCIT, so I don't think that it is the reason. Thanks for the explanation, hope dies last.

 

[Naturgrl]

1) Statutory Declaration of common-law union signed by Ontario Notary Public
2) IDs with information about the same address of residence
3) Extract from the house register (an official document confirming cohabitation)
4) Bank certificate about the shared bank account
5) Scans of cards from the shared account with our names and a few utility bills paid by both cards for the last 2 years
6) a few bills issued for the same address of residence
7) Several shared trips on planes and trains from the last 2-3 years.
8) Common photos with dates and places from the last 4 years.
I thought it would be enough, but it seems like not. However, don't want to guess, will better wait for official notes.

She has IELTS 6.5 and we stated that she wants to volunteer at the local school.

Your issue may be employment opportunties and saying she wants to volunter at a local school. What local school during a pandemic or at any other time unless you have children at the school will approve her volunteer work? Does she have police checks and medicals? Does she have board approval because I can't even volunteer at my own child's school unless through numerous checks? You can't just volunteer at a school and work with children. Most likely, if approved, her SOWP will state she can't work with children.

 

[wonderbly]

1) Statutory Declaration of common-law union signed by Ontario Notary Public
2) IDs with information about the same address of residence
3) Extract from the house register (an official document confirming cohabitation)
4) Bank certificate about the shared bank account
5) Scans of cards from the shared account with our names and a few utility bills paid by both cards for the last 2 years
6) a few bills issued for the same address of residence
7) Several shared trips on planes and trains from the last 2-3 years.
8) Common photos with dates and places from the last 4 years.
I thought it would be enough, but it seems like not. However, don't want to guess, will better wait for official notes.

She has IELTS 6.5 and we stated that she wants to volunteer at the local school.

Seems like you provided enough proof for common-law. The only thing I pick up is the IELTS score of 6.5 which for an English teacher, is too low.
Hopefully the notes will shed more light. FX that your SP gets approved.

 

[andlkv]

Your issue may be employment opportunties and saying she wants to volunter at a local school. What local school during a pandemic or at any other time unless you have children at the school will approve her volunteer work? Does she have police checks and medicals? Does she have board approval because I can't even volunteer at my own child's school unless through numerous checks? You can't just volunteer at a school and work with children. Most likely, if approved, her SOWP will state she can't work with children.

The main message was about she will work in an English-speaking workplace and it will give her an opportunity to know not only the language but the communication culture. Volunteering is just volunteering, but who knows. I Will try to give an update after getting official notes, maybe you are right.

 

[Naturgrl]

The main message was about she will work in an English-speaking workplace and it will give her an opportunity to know not only the language but the communication culture. Volunteering is just volunteering, but who knows. I Will try to give an update after getting official notes, maybe you are right.

Volunteering is not just volunteering especially in an education setting. Now due to safety concerns, volunteering in a school is carefully monitored. I can't imagine that they would allow people who don't even have a child in the school to volunteer there. My friend, who arrived in Canada, with a teacher's degree from a UK university couldn't even work with children in any setting because her SOWP stated so. Hopefully the notes shed some light.

 

[Raman32]

Hi there,
On May 14 I applied to the Study Permit and Open Work Permit for my common-law partner (In 1 Application)
On May 21 my partner received BVL and rejection letter on the next day (May 22).

There are still no updates on my application for the Study Permit. Are there any chances not to get a rejection?
Did anyone have a faster response to the partner's application or approval after the partner's rejection?

Where are you from?