Sowp rejection. What to do next?

[Farkhan97]

Hello everyone.

I recieved the following reasons in my GCMS notes. After March 19,2024 i can not reapply SOWP. How should i go about this refusal. Will a legal notice or Judicial review affect my PR application in the future? My course is ending in December 2024.

• applicant does not have significant family ties outside Canada
• spouse obtained study permit stating that this applicant will not be accompanying, this application was submitted after the study permit was approved
• family was not transparent with their intentions
• applicant's current employment situation does not show that they are financially established in their country of residence
• officer not satisfied that the applicant will be leaving Canada at the end of their stay

Don’t most people apply for SOWP after they have applied for study permit?

 

[Naturgrl]

Hello everyone.

I recieved the following reasons in my GCMS notes. After March 19,2024 i can not reapply SOWP. How should i go about this refusal. Will a legal notice or Judicial review affect my PR application in the future? My course is ending in December 2024.

• applicant does not have significant family ties outside Canada -
• spouse obtained study permit stating that this applicant will not be accompanying, this application was submitted after the study permit was approved
• family was not transparent with their intentions
• applicant's current employment situation does not show that they are financially established in their country of residence
• officer not satisfied that the applicant will be leaving Canada at the end of their stay

Don’t most people apply for SOWP after they have applied for study permit?

So you applied for study permit and spouse SOWP? You applied for SOWP after study permit was approved so if spouse is not doing a Masters/PhD then you are not eligible. Did you say that you would not be accompanying? Seems like IRCC is calling you out for lying with saying you were not transparent in your intention. You should have applied at the same time spouse was applying for study permit. You don’t have family ties unless you have children. What did you show as ties to return? What is your current job and is it stable with good salary? No effect on PR.

 

[scylla]

Hello everyone.

I recieved the following reasons in my GCMS notes. After March 19,2024 i can not reapply SOWP. How should i go about this refusal. Will a legal notice or Judicial review affect my PR application in the future? My course is ending in December 2024.

• applicant does not have significant family ties outside Canada
• spouse obtained study permit stating that this applicant will not be accompanying, this application was submitted after the study permit was approved
• family was not transparent with their intentions
• applicant's current employment situation does not show that they are financially established in their country of residence
• officer not satisfied that the applicant will be leaving Canada at the end of their stay

Don’t most people apply for SOWP after they have applied for study permit?

JD will not impact a future PR application. Did you in fact state in your study permit SOP that your spouse would not accompany you? If so, that might sink any real chances of a successful appeal. But you can certainly try.

It's very strongly recommended to apply for the study permit and SOWP at the same time if you intend your spouse to accompany you.

 

[Farkhan97]

JD will not impact a future PR application. Did you in fact state in your study permit SOP that your spouse would not accompany you? If so, that might sink any real chances of a successful appeal. But you can certainly try.

It's very strongly recommended to apply for the study permit and SOWP at the same time if you intend your spouse to accompany you.

My agent recommended I should apply without spouse because it will affect my own SP chances if I applied with him. Also we applied 5 months apart so circumstances changes. My spouse was infact not accompanying me at the time I applied. He was to accompany later.

 

[Naturgrl]

My agent recommended I should apply without spouse because it will affect my own SP chances if I applied with him. Also we applied 5 months apart so circumstances changes. My spouse was infact not accompanying me at the time I applied. He was to accompany later.

So in your application you said he was not going to come. So you made no mention in your study permit that there was any plan that he would join you later and that you had the POF to prove it. IRCC doesn’t believe you were honest. You should have applied at the same time. With changes to SOWP, your spouse is no longer eligible. Spouse also needs to address other reasons - no family ties, no ties to return, job instability etc. Wait for PGWP and apply for SOWP then.

 

[scylla]

My agent recommended I should apply without spouse because it will affect my own SP chances if I applied with him. Also we applied 5 months apart so circumstances changes. My spouse was infact not accompanying me at the time I applied. He was to accompany later.

Did you say that your spouse would accompany you later in your SOP? If so, that is certainly good.

By all means you can try appealing the decision regardless of what you said in your SOP. Unfortunately none of us can tell you the chances of success. Good luck.

 

[Farkhan97]

JD will not impact a future PR application. Did you in fact state in your study permit SOP that your spouse would not accompany you? If so, that might sink any real chances of a successful appeal. But you can certainly try.

It's very strongly recommended to apply for the study permit and SOWP at the same time if you intend your spouse to accompany you.

I did not mention explicitly mention he would or would not accompany me in the SOP. But at the time of online application, they ask if a dependent is accompanying you on which i clicked no, because obviously at the time of filing the application he wasn’t. If i clicked yes the website would ask me to fill another form at the same time.

 

[Farkhan97]

So in your application you said he was not going to come. So you made no mention in your study permit that there was any plan that he would join you later and that you had the POF to prove it. IRCC doesn’t believe you were honest. You should have applied at the same time. With changes to SOWP, your spouse is no longer eligible. Spouse also needs to address other reasons - no family ties, no ties to return, job instability etc. Wait for PGWP and apply for SOWP then.

because i applied my study permit 5 moths before my spouse’s, and I showed enough proof of funds for 2 people. Infact when my husband applied for SOWP he also showed more than enough proof of funds, more than i showed for my SP. In my study permit SOP i didnt mention him joining or not joining me later, because it was not certain. I believe that is exactly where there is a provision on IRCC website that a spouse can apply later separately

 

[scylla]

I did not mention explicitly mention he would or would not accompany me in the SOP. But at the time of online application, they ask if a dependent is accompanying you on which i clicked no, because obviously at the time of filing the application he wasn’t. If i clicked yes the website would ask me to fill another form at the same time.

Well at this point all you can really do is go for JD.

 

[forevermore76]

This is really interesting if those notes are actually from GCMS. It shows IRCC is digging really deep in to applications and doing their due diligence unlike the old days.

 

[rcincanada2019]

This is really interesting if those notes are actually from GCMS. It shows IRCC is digging really deep in to applications and doing their due diligence unlike the old days.

Shudder the thought... Because this is also happening in PR application to try to squeeze a couple more CRS points.

 

[Farkhan97]

So you applied for study permit and spouse SOWP? You applied for SOWP after study permit was approved so if spouse is not doing a Masters/PhD then you are not eligible. Did you say that you would not be accompanying? Seems like IRCC is calling you out for lying with saying you were not transparent in your intention. You should have applied at the same time spouse was applying for study permit. You don’t have family ties unless you have children. What did you show as ties to return? What is your current job and is it stable with good salary? No effect on PR.

Both our family’s parents and husband’s family business. We don’t have kids.