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SOWP refusal, 2nd application

C

canuck78

VIP Member
Jun 18, 2017
55,679
13,550
approvalplease said:
she was on SP I am on SOWP. Both exp nov 30,2023. But on Nov 21, we applied for ext so we are on implied.

however prior to that, based on policy in July as mentioned in link above I applied for 18 month ext for owp holders. That is the application that was just rejected. It took 6.5 months. However, the officer is saying I cannot work although I have another application in progress that was submitted while the original permit was valid.


Clearly that is nonsense though, since ircc clearly says you can still work. So I am asking what should I do. Does the visa officer words take precedence
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As an SOWP holder you didn’t qualify for the extension. An SOWP is always based on the spouse’s status. Even though you applied before November 2023 your second application is based on the outcome of your first application. The VO is correct in saying that you no longer qualify to work.

What permit does your spouse have at the moment? Are they still studying or did they graduate? If so did they study full-time until the last semester? Did they attend and school and program that qualifies for PGWP? Are they currently working and do they have 3 pay stubs from their job?
 
A

approvalplease

Star Member
Jun 20, 2023
196
22
canuck78 said:
As an SOWP holder you didn’t qualify for the extension. An SOWP is always based on the spouse’s status. Even though you applied before November 2023 your second application is based on the outcome of your first application. The VO is correct in saying that you no longer qualify to work.

What permit does your spouse have at the moment? Are they still studying or did they graduate? If so did they study full-time until the last semester? Did they attend and school and program that qualifies for PGWP? Are they currently working and do they have 3 pay stubs from their job?
Click to expand...
I am not trying to disagree with you. But how do you understand the second to last bullet point on the webpage?https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html


If the second application is submitted during the period of authorized stay extended by operation of law under R183(5), then their status is maintained by the second application after the decision on the first is finalized until a decision on the second application is made. However, their authorization to work or study may be affected.

  • If the first application is refused, but the original permit was still valid when the second application was received, then the period of authorized stay and the authority to study or work in the original permit is extended until a decision is rendered on the second application.
 
A

approvalplease

Star Member
Jun 20, 2023
196
22
canuck78 said:
As an SOWP holder you didn’t qualify for the extension. An SOWP is always based on the spouse’s status. Even though you applied before November 2023 your second application is based on the outcome of your first application. The VO is correct in saying that you no longer qualify to work.

What permit does your spouse have at the moment? Are they still studying or did they graduate? If so did they study full-time until the last semester? Did they attend and school and program that qualifies for PGWP? Are they currently working and do they have 3 pay stubs from their job?
Click to expand...

SP, they graduated since august.. (Private college) pgwp was refused so she applied to another school (private) so we know she will be refused too. our goal was just to buy us enough time till end of march where I will make 2 years CEC.. My score just went up to 512 this morning! I also have OINP NOI HCP app in progress from dec 14.

but my settlement of funds, I was hoping to use ongoing employment. I should have been able to continue working until the refusal on the second application. By then I would have had eAPR and could apply for BOWP.
 
A

approvalplease

Star Member
Jun 20, 2023
196
22
All I am saying is this. I acknowlege the refusal. But he should not be able to decide I cannot work. If I have another application that I am on implied status from. It says on the IRCC bulletin that:

If the second application is submitted during the period of authorized stay extended by operation of law under R183(5), then their status is maintained by the second application after the decision on the first is finalized until a decision on the second application is made. However, their authorization to work or study may be affected.

  • If the first application is refused, but the original permit was still valid when the second application was received, then the period of authorized stay and the authority to study or work in the original permit is extended until a decision is rendered on the second application.

Do you understand that differently?
 
C

canuck78

VIP Member
Jun 18, 2017
55,679
13,550
approvalplease said:
SP, they graduated since august.. (Private college) pgwp was refused so she applied to another school (private) so we know she will be refused too. our goal was just to buy us enough time till end of march where I will make 2 years CEC.. My score just went up to 512 this morning! I also have OINP NOI HCP app in progress from dec 14.

but my settlement of funds, I was hoping to use ongoing employment. I should have been able to continue working until the refusal on the second application. By then I would have had eAPR and could apply for BOWP.
Click to expand...
I see what you are saying but don’t believe this was intended for SOWP applications that are purely based on your spouse’s application. The fact that you never qualified to extend your status I believe is the primary issue. You have applied in the hopes of extending your status to work while knowing that you did not qualify. How did you get the original SOWP if your spouse was studying at a private school that doesn’t qualify for SOWP? I can see your argument and you potentially have a legal argument. Not good enough in legal research to provide a response. Hopefully @scylla or @armoured will be able to provide a better response.
 
A

approvalplease

Star Member
Jun 20, 2023
196
22
canuck78 said:
I see what you are saying but don’t believe this was intended for SOWP applications that are purely based on your spouse’s application. The fact that you never qualified to extend your status I believe is the primary issue. You have applied in the hopes of extending your status to work while knowing that you did not qualify. How did you get the original SOWP if your spouse was studying at a private school that doesn’t qualify for SOWP? I can see your argument and you potentially have a legal argument. Not good enough in legal research to provide a response. Hopefully @scylla or @armoured will be able to provide a better response.
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lol consultants say it’s a miracle. she was originally going to a public college, had a high risk pregnancy. The school screwed us over and only had enough money to pursue the same diploma at a private school. We applied for ext and explained our case with hospital records etc. maybe they felt sorry for us.
 
A

approvalplease

Star Member
Jun 20, 2023
196
22
canuck78 said:
I see what you are saying but don’t believe this was intended for SOWP applications that are purely based on your spouse’s application. The fact that you never qualified to extend your status I believe is the primary issue. You have applied in the hopes of extending your status to work while knowing that you did not qualify. How did you get the original SOWP if your spouse was studying at a private school that doesn’t qualify for SOWP? I can see your argument and you potentially have a legal argument. Not good enough in legal research to provide a response. Hopefully @scylla or @armoured will be able to provide a better response.
Click to expand...
@scylla @legalfalcon any help would be appreciated please
 
C

canuck78

VIP Member
Jun 18, 2017
55,679
13,550
approvalplease said:
lol consultants say it’s a miracle. she was originally going to a public college, had a high risk pregnancy. The school screwed us over and only had enough money to pursue the same diploma at a private school. We applied for ext and explained our case with hospital records etc. maybe they felt sorry for us.
Click to expand...
You got very lucky because private college should have not gotten the SOWP extension. Your luck may have run out.
 
A

approvalplease

Star Member
Jun 20, 2023
196
22
canuck78 said:
I see what you are saying but don’t believe this was intended for SOWP applications that are purely based on your spouse’s application. The fact that you never qualified to extend your status I believe is the primary issue. You have applied in the hopes of extending your status to work while knowing that you did not qualify. How did you get the original SOWP if your spouse was studying at a private school that doesn’t qualify for SOWP? I can see your argument and you potentially have a legal argument. Not good enough in legal research to provide a response. Hopefully @scylla or @armoured will be able to provide a better response.
Click to expand...
I called ircc this morning. They told me that I can still work.

they said that when the visa officer said,

“You have not demonstrated that you received an email from IRCC inviting you to opt in.
[X] We also wish to advise you that your temporary resident status has been maintained
until a decision is made on the application for extension you submitted on November
21st, 2023. However, you are no longer authorized to engage in work or study at this time.”

He possibly did not take into consideration that my original permit was valid until nov 30, 2023. Then they sent me a email with the following table.

If you submitted a second extension application and:

Your first application wasapproved after the receipt of your second application
  • The validity period of your newly issued document and any authorizations will apply while we continue to process your second application.
Your first application wasrefused or rejectedafter the receipt of your second application
and
Your original status was still validwhen your second application was received
  • You are on maintained status until a decision is made on your second application, and
  • You can continue

Your first application wasrefusedafter the receipt of your second application
and
Your original status wasexpiredwhen your second application was received
  • You are on maintained status until a decision is made on your second application as long as your first application was submitted prior to the expiry of your existing status,
  • However, you are no longer authorized to work and/or study without a permit from the date the first application was refused.
Your first application was rejected after the receipt of your second application
and
Your original status wasexpiredwhen your second application was received
  • Since it was rejected, the first application is considered to have never been received,
  • You will be considered

So at this point. Idk if I should listen to the call center agents or visa officer
 
S

sudhabullodu

Full Member
Apr 30, 2022
30
1
Hello,

I had applied for my spouse open permit in Oct 26th 2023 but no result yet. She is my dependent.
I am working in Canada as a temporary resident and working and my work permit have validity of till 2025 May.
Question : Is there any possibility of rejection chances for my spouse permit ?
Do you need to show the strong ties for my case as well?
I have given my pay slips and tax forms.
 
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