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SOWP application refused. What are my options if any?

D

dennyd

Newbie
Nov 13, 2023
5
1
Hello,
I applied on June 7th, 2023 and was refused Nov 12th. My WP expired August 12th 2023. What Can I do. Refusal said

The exemption from the requirement to have a valid Labour Market Impact Assessment (LMIA) is for spouses/common-law partners who are in Canada accompanying their spouse who is attending school full-time. As your spouse is no longer a full-time student, you are not eligible for a work permit under this exemption.

You must leave Canada on or before the expiry of your current document or, if your document has expired you must leave Canada immediately. Failure to do so could result in enforcement action being taken against you.

But my wife is a full-time student and submitted an extension application in June which is still in processing (past due) so she is now maintained status. I submitted a reconsider request also.

Can i submit a request to restore my status? Or apply for BOWP as I have a PR application in process?
 
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C

canuck78

VIP Member
Jun 18, 2017
55,587
13,519
dennyd said:
Hello,
I applied on June 7th, 2023 and was refused Nov 12th. My WP expired August 12th 2023. What Can I do. Refusal said

The exemption from the requirement to have a valid Labour Market Impact Assessment (LMIA) is for spouses/common-law partners who are in Canada accompanying their spouse who is attending school full-time. As your spouse is no longer a full-time student, you are not eligible for a work permit under this exemption.

You must leave Canada on or before the expiry of your current document or, if your document has expired you must leave Canada immediately. Failure to do so could result in enforcement action being taken against you.

But my wife is a full-time student and submitted an extension application in June which is still in processing (past due) so she is now maintained status. I submitted a reconsider request also.

Can i submit a request to restore my status? Or apply for BOWP as I have a PR application in process?
Click to expand...
Until her extension is approved you don’t qualify for SOWP. You’ll need to apply apply to restore your status if you are out of status and then apply for SOWP when her study permit extension has been approved.

When you say you have applied for PR what part of processing have you reached and are you the primary applicant?
 
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Reactions: Tophele
D

dennyd

Newbie
Nov 13, 2023
5
1
Hello.

I did apply to restore my status. I am the primary applicant. The application is at the background check phase. According to the tracker everything else says completed.
 
T

Tophele

Newbie
Nov 17, 2023
5
0
dennyd said:
Hello,
I applied on June 7th, 2023 and was refused Nov 12th. My WP expired August 12th 2023. What Can I do. Refusal said

The exemption from the requirement to have a valid Labour Market Impact Assessment (LMIA) is for spouses/common-law partners who are in Canada accompanying their spouse who is attending school full-time. As your spouse is no longer a full-time student, you are not eligible for a work permit under this exemption.

You must leave Canada on or before the expiry of your current document or, if your document has expired you must leave Canada immediately. Failure to do so could result in enforcement action being taken against you.

But my wife is a full-time student and submitted an extension application in June which is still in processing (past due) so she is now maintained status. I submitted a reconsider request also.

Can i submit a request to restore my status? Or apply for BOWP as I have a PR application in process?
Click to expand...
You were supposed to apply for your BOWP before your WP expired.Sosorry don’t know what to say.
 
C

Cynth12345

Full Member
Jan 15, 2022
27
4
dennyd said:
No. My PR application is still stuck in background check since I was a police officer in my home country. My restoration and BOWP was approved though.
Click to expand...
How many months ircc took to restore status.?
And when did you apply for your pr .?
 
D

dennyd

Newbie
Nov 13, 2023
5
1
Took me almost 4 months for restoration and bowp. PR application completeness was September 2023
 
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