Spousal Open Work Permit for Provincial Nominee refused

[nefiriouse]

My wife has been refused an Open Work Permit by a Visa officer in New Delhi. First time I had applied as a visitor, she got refused, acceptable. But this time I had applied for her OWP under as a Provincial Nominee dependent. A letter too was issued by my Nomination officer and he said that she will not be refused a visa unless she has a criminal record. Of course she doesn't have one, so the reasons why the visa officer refused her the visa was because according to some act, he feels that she will not leave Canada ( obviously we are applying for a PR under the Provincial Nominee) the other reason was finances..(She has over $ 10,000 in her bank account and assets over $ 15,000) A copy of the letter from my Nomination officer and my Nomination certificate were attached with the application package. We were so confident this time and it just turned out to be a total disappointment. No efforts were made by the visa office to contact my Nomination officer.

Refusing the application
There are three bases upon which a provincial nominee who meets all statutory admissibility
requirements can be refused a visa:
• The officer has reason to believe that the applicant does not intend to live in the province that
has nominated them;
• The officer has reason to believe that the applicant is unlikely to be able to successfully
establish economically in Canada;
• The officer has reason to believe that the applicant is participating in, or intends to participate
in, a passive investment or an immigration-linked investment scheme as defined in R87(5) to
R87(9) of the Regulations.
In each case, the officer must have some evidence to support this belief and overcome the
presumptions implied by the provincial nomination. Every provincial nominee agreement obliges
the immigration officer to consult with an official of the nominating province regarding the intention
to refuse before the refusal is actuallymade.
If the officer, after consulting with the province, still intends to refuse, R87(4) requires that a
second officer concur with the decision to refuse, before it can be made official. Both officers'
names should be clearly recorded in the CAIPS notes.

 

[arif.jabbar]

That's insane. Contact the Province Officer or challenge it in Federal court !!

 

[arif.jabbar]

And you should talk to your MP

 

[nefiriouse]

I'll see what my officer has to say. He said he will advise me on what to do next. I hope the province does something about it. The visa officer who refused her the visa din't think it was necessary to inform my Nomination officer about the refusal. They don't care if a husband and wife stay separate for long period of time. It is so disappointing. US rarely declines a spousal visa. I understand if you do not fit the criteria, but here all the papers are in order and the Immigration law says she is eligible for a work permit. Rules and procedures have not been followed properly I am assuming. I was very confident. Now I am tensed about my PR as well. I have diverted my attention from my PR to my wife's OWP. Such a frustrating phase. Thanks Jabbar for the input. Let me know if anyone else had to face such a refusal if so what plan of action was taken....

Thanks...

 

[zardoz]

The large block of quoted legislation in the first post seems only to apply to the provincial nominee application and not to any dependants. Are you sure that you quoted the correct section of the rules? Maybe this is why the VO didn't inform anyone else...

 

[canuck_in_uk]

The large block of quoted legislation in the first post seems only to apply to the provincial nominee application and not to any dependants. Are you sure that you quoted the correct section of the rules? Maybe this is why the VO didn't inform anyone else...

Agreed. Your wife is not the provincial nominee, she is a dependent and therefore those rules do not apply to her. Being the spouse of a provincial nominee allows her to apply for an OWP but DOES NOT automatically entitle her to the visa. She is subject to the normal requirements for an OWP and can be denied the permit if the officer feels she doesn't meet these requirements. It was wrong of your nomination officer to tell you that she was virtually guaranteed the OWP.

As your wife isn't the provincial nominee, I don't see why CIC would be required to tell your nomination officer that her permit was denied.

 

[amikety]

I find it very irresponsible your officer to "guarantee" a owp to her. He cannot do that - it is not in his power!

 

[nefiriouse]

This is what the CIC website says "If someone holds a work permit in an occupation found in the NOC skills level O, A, or B that person’s spouse is entitled to an open work permit (i.e. no HRSDC opinion needed, no occupation, or employer need be specified);If someone has been nominated by a province, regardless of NOC skill level, the person is entitled to a work permit with a letter of support from the province, and that person’s spouse is entitled to be issued a work permit;

I think my PNP officer wasn't wrong neither irresponsible. Because the officer should have applied the dual-intent provisions as I will be applying for a PR along with my wife.

 

[canuck_in_uk]

Can you show where on CIC's website you are reading this? The only place I see that exact wording is in a 2005 publication on cicnews.com, which is not an official CIC page.


Rather, the official website, under the question "Who can apply for an Open Work Permit?", says

"You MAY be eligible to apply for an open work permit if you are in one of the following situations:

1. You are already working in Canada and your application for permanent residence has been approved under one of the following

Spouse or Common-law Partner in Canada class
Live-in Caregiver Program
Federal Skilled Worker Program
Canadian Experience Class
Provincial Nominee Program
Federal Skilled Trades Program
humanitarian and compassionate grounds

You may also be eligible if you are a family member of someone whose application for permanent residence has been approved under one of the above.

2. Your spouse is

- a skilled worker in an occupation under the National Occupational Classification (NOC) skill type 0, A or B


No one is ever guaranteed a permit, hence why permits, visas and PR apps are denied everyday regardless of the status of a person's spouse.

 

[amikety]

Personally, I would very concerned about point 1 & 3. Those don't sound positive. I would be ordering case notes asap for myself and my spouse.

 

[nefiriouse]

Can you show where on CIC's website you are reading this? The only place I see that exact wording is in a 2005 publication on cicnews.com, which is not an official CIC page.


Rather, the official website, under the question "Who can apply for an Open Work Permit?", says

"You MAY be eligible to apply for an open work permit if you are in one of the following situations:

1. You are already working in Canada and your application for permanent residence has been approved under one of the following

Spouse or Common-law Partner in Canada class
Live-in Caregiver Program
Federal Skilled Worker Program
Canadian Experience Class
Provincial Nominee Program
Federal Skilled Trades Program
humanitarian and compassionate grounds

You may also be eligible if you are a family member of someone whose application for permanent residence has been approved under one of the above.

2. Your spouse is

- a skilled worker in an occupation under the National Occupational Classification (NOC) skill type 0, A or B


No one is ever guaranteed a permit, hence why permits, visas and PR apps are denied everyday regardless of the status of a person's spouse.

Canuck, thats not the only source, please also refer to the Foreign Worker Manual which maintains that the Spouse of a Provincial Nominee is entitled for a OWP.

 

[canuck_in_uk]

I understand why you don't agree with the decision, I believe it was a poor decision as well, but CIC can deny ANYONE a visa, regardless. It comes down to the discretion of the officer, who has decided that your wife doesn't satisfy the OWP requirements. Even applying dual intent, the officer can still deny her the permit. The officer could even deny you, a provincial nominee, a permit.

I do hope you are able to sort it out, whether by appeal or by applying again.

From OP 11:

Assessing an application where there are dual intent implications is no different from assessing any other temporary resident application. Each applicant receives the benefit of a procedurally fair, individual assessment and must, in turn, satisfy the officer that they meet all the requirements of IRPA’s Regulations relating to temporary residence, before any visa is issued. The existence of the CEC or the issuance of a Provincial Nominee Certificate does not change this. The possibility that an applicant for temporary residence may, at some point in the future, be approved under a Permanent Resident Program does not absolve the individual from meeting the requirements of a temporary resident, as set out in IRPA’s Regulations, in particular, R179, requiring applicants to leave Canada at the end of “the period authorized for their stay.”

 

[nefiriouse]

From OP 11 - The issuance of a Provincial Nominee Certificate does not change this. Yeah so this means when someone is Nominated by the Province, then again they do have to apply the dual content provision as stated in the guide for Provincial Nominee -

That being said, officers should apply the dual-intent provisions and be cognizant of the fact that
an applicant who is likely to be nominated by a province may well be less motivated to abuse their
visa than one who has fewer prospects of obtaining legal permanent admission to Canada.

We are talking about Provincial Nominees here.

Section 5.39 of the Foreign Worker Guide deals with the issuance of Work Permit to spouses. I am not saying that the officer had no right to refuse, but it seems like the decision could be challenged. It is usually at their discretion. But I believe since her visa was rejected once, it could be one factor and I would blame it to bad judgement. They might not have realized the Provincial Nominee has an occupation which comes under 0 and B.

 

[amikety]

It's very obvious you've already decided you're right and don't want to listen to anyone. I don't know why you're asking for help.

I will repeat - you need to order the case notes. Those are not positive notes.

 

[samlogani]

My wife has been refused an Open Work Permit by a Visa officer in New Delhi. First time I had applied as a visitor, she got refused, acceptable. But this time I had applied for her OWP under as a Provincial Nominee dependent. A letter too was issued by my Nomination officer and he said that she will not be refused a visa unless she has a criminal record. Of course she doesn't have one, so the reasons why the visa officer refused her the visa was because according to some act, he feels that she will not leave Canada ( obviously we are applying for a PR under the Provincial Nominee) the other reason was finances..(She has over $ 10,000 in her bank account and assets over $ 15,000) A copy of the letter from my Nomination officer and my Nomination certificate were attached with the application package. We were so confident this time and it just turned out to be a total disappointment. No efforts were made by the visa office to contact my Nomination officer.

Refusing the application
There are three bases upon which a provincial nominee who meets all statutory admissibility
requirements can be refused a visa:
• The officer has reason to believe that the applicant does not intend to live in the province that
has nominated them;
• The officer has reason to believe that the applicant is unlikely to be able to successfully
establish economically in Canada;
• The officer has reason to believe that the applicant is participating in, or intends to participate
in, a passive investment or an immigration-linked investment scheme as defined in R87(5) to
R87(9) of the Regulations.
In each case, the officer must have some evidence to support this belief and overcome the
presumptions implied by the provincial nomination. Every provincial nominee agreement obliges
the immigration officer to consult with an official of the nominating province regarding the intention
to refuse before the refusal is actuallymade.
If the officer, after consulting with the province, still intends to refuse, R87(4) requires that a
second officer concur with the decision to refuse, before it can be made official. Both officers'
names should be clearly recorded in the CAIPS notes.

Tell me few things first:
1) What jhob category you work in? A or B or C?
2) re you a PNP nominee? What stage is in your application?
3) Did you prove to them that you are actually married? pics of marriage, Marriage certificate etc stuff
4) Bank account doesnt matter if you have a B category job, my wife showed 800 INR, I am in B category and she still got her OWP
5) Apply for GCMS notes, its will cost you $5
6) Make sure you application is complete and duly signed, apply from VFS delhi office
6) LMK if you need more help