SOWP refusal for reason section 205c(ii)

[Jessyjane]

We have just been together for a month and I came back to canada . I’m on my open work permit and my due date is on Aug 28 expected . I’m giving my IELTS this month. So, based on the scores I want to apply for BC PNP.

 

[Jessyjane]

Yes, we can show more funds too. But don’t want to spend that much money for Masters or PhD . I am really in a confusion to take an other step about this visa process

 

[canuck78]

When does your OWP end? Are you on PGWP?

 

[canuck78]

If you apply for BC PNP do you know What the wait periods on average have been for your NOC? Will your employer be providing you with a job offer?

 

[Jessyjane]

I think it’s pgwp.. and my employer is ready to give me all the documents and on an average the processing time for BC PNP is 45-60 days . Once I get that I can extend my work permit

 

[Jessyjane]

It ends in October

 

[canuck78]

It ends in October

When you reapply for SOWP I would include information about your longterm plans to apply for BC PNP and hopefully you can get a letter from your employer saying they want to continue employing you and will be supporting your BCPNP application. Hopefully that will alleviate any concern that your OWP is expiring in October. All you can do is continue to collect all proof of your relationship and include them. It does seem that time is the key factor when it comes to proving relationships are legitimate after an arranged marriage. Unfortunately there is quite a lot of immigration fraud and arranged marriages make it quite easy for people to fool both spouses and immigration. Best of luck!

 

[Jessyjane]

Thank you , that helps !!

 

[gta88]

Thank you , that helps !!

Hi,
Can you share what you did later?

 

[Deshnashah]

I applied for Sowp in April 2021 as my husband was on work permit in Canada, he received his copr in Jan 2022 ( he had applied for pr in express entry in Nov 2020- non accompanying spouse) and now in Feb 2021 I got a refusal for my sowp u/s 205(c)(ii) and further stating that I didn't have a LMIA for open permit, whereas I had applied for spouse open work permit and not for just work permit. Please help me through this, should I apply for visitors visa first and then my husband applies for spousal sponsorship, as I will have to mention the refusal of sowp in any further application. Please Help.

 

[PMM]

Hi

I applied for Sowp in April 2021 as my husband was on work permit in Canada, he received his copr in Jan 2022 ( he had applied for pr in express entry in Nov 2020- non accompanying spouse) and now in Feb 2021 I got a refusal for my sowp u/s 205(c)(ii) and further stating that I didn't have a LMIA for open permit, whereas I had applied for spouse open work permit and not for just work permit. Please help me through this, should I apply for visitors visa first and then my husband applies for spousal sponsorship, as I will have to mention the refusal of sowp in any further application. Please Help.

1, Your spouse is no longer on a work permit, so you are not eligible for a SOWP. You can try for TRV, but with a spouse in Canada, CIC will assume you will remain permanently rather than visit.

 

[Deshnashah]

Hi



1, Your spouse is no longer on a work permit, so you are not eligible for a SOWP. You can try for TRV, but with a spouse in Canada, CIC will assume you will remain permanently rather than visit.

Thank you so much, for the guidance. But i am scared as to what if the TRV- If I apply for visit visa and my spouse applies for spouse sponsorship and the visit visa also gets refused as we have to mention the previous refusal of sowp. Should I apply visit and then spouse sponsorship or spouse sponsorship and then visit visa. Please help. It's been more than 2.5 years we are living apart and want to reunite as it's very stressful now.

 

[canuck78]

Thank you so much, for the guidance. But i am scared as to what if the TRV- If I apply for visit visa and my spouse applies for spouse sponsorship and the visit visa also gets refused as we have to mention the previous refusal of sowp. Should I apply visit and then spouse sponsorship or spouse sponsorship and then visit visa. Please help. It's been more than 2.5 years we are living apart and want to reunite as it's very stressful now.

TRV is not guaranteed. Up to you whether you want to try to apply for a TRV first and if you get denied apply for sponsorship outland or whether you apply for sponsorship outland and try to secure a TRV after that.

 

[Deshnashah]

TRV is not guaranteed. Up to you whether you want to try to apply for a TRV first and if you get denied apply for sponsorship outland or whether you apply for sponsorship outland and try to secure a TRV after that.

Thank you, will try accordingly. . Might go for TRV.