Spousal Open Work Permit for Provincial Nominee refused

[nefiriouse]

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.

Amitkety, please go through my post again. Maybe you did not interpret my statement correctly. I would suggest that we focus only on the topic.

 

[nefiriouse]

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

Yes, my job comes under both O and A. We did submit a picture along with the marriage certificate. Everything was complete and duly signed by my wife along with the fees. The sole reason it was denied was because the officer thought that she would overstay. I do not know how to make him believe that she will not or that her husband has a stable job and can support her. Also the Province is writing letter after letter in her support so that they could retain me in the province. my wife is qualified, well educated and has all credentials. I really can't say how they determine who is eligible and who is not based on their assumption. I have had friends who fall under the same job category as me and their wives were given OWP. I do not know if I am unfortunate or what. There is always a catch 22 situation in the IRPA act. One Manual says that spouse of a Provincial Nominee is entitled for an OWP, on the other hand it says the Visa officer can deny her a visa if she does not satisfy the officer.
I really have no answer to this or a perfect solution. I am confused and waiting for answers. Because of Privacy reasons you cannot contact the embassy or explain them. A very tricky situation. But I believe there is always a solution.

 

[samlogani]

Yes, my job comes under both O and A. We did submit a picture along with the marriage certificate. Everything was complete and duly signed by my wife along with the fees. The sole reason it was denied was because the officer thought that she would overstay. I do not know how to make him believe that she will not or that her husband has a stable job and can support her. Also the Province is writing letter after letter in her support so that they could retain me in the province. my wife is qualified, well educated and has all credentials. I really can't say how they determine who is eligible and who is not based on their assumption. I have had friends who fall under the same job category as me and their wives were given OWP. I do not know if I am unfortunate or what. There is always a catch 22 situation in the IRPA act. One Manual says that spouse of a Provincial Nominee is entitled for an OWP, on the other hand it says the Visa officer can deny her a visa if she does not satisfy the officer.
I really have no answer to this or a perfect solution. I am confused and waiting for answers. Because of Privacy reasons you cannot contact the embassy or explain them. A very tricky situation. But I believe there is always a solution.

Privacy reasons?? Buddy, do you know about GCMS notes?

its Canada, you have all the rights, apply for GCMS notes,.

Refer to these links: http://www.cic.gc.ca/english/helpcentre/answer.asp?q=199&t=17

dont be a "VERY BOOKISH" or "ACT" or smart ass. just be polite and reapply if you really want her here.

I am here from 5 years, no ACTS work here, I have had many many situations where I or CIC was wrong.

its a case to case basis, nobody cares about the ACTS

 

[anser0131]

This is NOT her first time getting the refusal, GCMS is your best bet.

You need to understand the reasons behind the refusal, not just based on assumptions.

Also usually when a permit/VISA is refused, the officer gets a list of "reasons for refusal", a lot of the times, the officer just randomly checks a few reasons. I do not know if this applies to your case.

 

[nefiriouse]

Privacy reasons?? Buddy, do you know about GCMS notes?

its Canada, you have all the rights, apply for GCMS notes,.

Refer to these links: http://www.cic.gc.ca/english/helpcentre/answer.asp?q=199&t=17

dont be a "VERY BOOKISH" or "ACT" or smart ass. just be polite and reapply if you really want her here.

I am here from 5 years, no ACTS work here, I have had many many situations where I or CIC was wrong.

its a case to case basis, nobody cares about the ACTS

Samlogani please don't stray from the topic and no one's trying to be a "smartass" here, everyone here is looking for help, so kindly refrain from using words such as "smartass". I am trying to come up with a constructive discussion. Also make sure you read my post correctly. I am talking about clarifying from the visa officer, which is not easy as you cannot see them or meet them, thats obviously because of privacy reasons. I have been here for last 3.5 years, so not much difference between you and me. If nobody would care about these so called ACTS then it would be rather impossible for a lawyer to win any case related to Immigration.
Can someone throw some light on GCMS notes, as to how they would benefit me in my case ? I would really appreciate if someo0ne tells me something about it.

 

[ragluf]

Can someone throw some light on GCMS notes, as to how they would benefit me in my case ? I would really appreciate if someo0ne tells me something about it.

GCMS - http://www.cic.gc.ca/english/department/atip/pia/global-phase2.asp

In any event of refusal, it is best to start on the details how the decision came about during the stages in the processing of the application - and these are seen from the GCMS notes.

Start here - http://www.cic.gc.ca/english/department/atip/
- you obtain your GCMS notes by making a request under either the Access to Information Act or the Privacy Act.

/hope this helps...

 

[atifamr]

GCMS - http://www.cic.gc.ca/english/department/atip/pia/global-phase2.asp

In any event of refusal, it is best to start on the details how the decision came about during the stages in the processing of the application - and these are seen from the GCMS notes.

Start here - http://www.cic.gc.ca/english/department/atip/
- you obtain your GCMS notes by making a request under either the Access to Information Act or the Privacy Act.

/hope this helps...

Dear All,

I am filling up the documents for OWP in islamabad; as i was offered support letter for OWP; can anybody help me for the following points pls

1) should I fill up family information form IMM 5645 for my spuse also as she does not intend to work in canada & will be accompanying me as I am the principal applicant if the answer is YES then what should I tick on type of application in her form: visitor, worker, student, or other. please help on this.

2) what about my children studying in class 1, 2nd & 6th shall I be applying study visa for them!

looking forward for your kind response.
Atif

 

[Mukesh2730]

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

After how much time apply

 

[Matt173]

Your statements are nonsense and not helpful at all. You are right about one single thing, which is that a visa or status is never guaranteed and that applicants MAY be granted xyz. However, having said that, there are strict guidelines by which immigration officers must abide and base their decisions on, they can't just deny someone because they don't like that person's name or handwriting. As long as applicants follow the guidelines and satisfy all the requirements then the visa/status SHOULD be granted.

In this case, if all statements by OP are true then the OWP should be granted. A provincial nominee can apply on behalf of his spouse to apply for the spouse's OWP. The relevant issues are: Sponsor's job, job status, proof of PNP, NOC, work hours, pay, evidence of the beforementioned, spouse's job (if she already holds an OWP and intends to extend it) and pay and job class.

You are just dancing around the issue, you are technically correct that there is never a guarantee and that immigration officials can apply discretion, however, if all requirements are fulfilled then the officer SHOULD and in most cases MUST grant approval of the application, in all other cases the decision should be challenged in court and will in almost all cases be reversed.

From own experience the mistakes and shortsightedness of many immigration officials is not just a rare exception, a lot of applications are carelessly evaluated and that with an insanely slow processing speed. Something in this system IS BADLY BROKEN AND THERE IS CURRENTLY NO INTENT TO FIX IT.

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.”

 

[Matt173]

Well you do need to show that your spouse is willing to leave once her status expires, after all the provincial nomination was granted to you, only, and you have not yet both received PR status. Hence, you need to demonstrate to the officer that your spouse's intend (and yours in fact, too) is to leave the country should your status expire before a PR decision is made, same as what you had to demonstrate before you came to Canada in the first place. Show ties to the family back in your country, potentially property in her name back where she came from, bank accounts, or the like. Anything that still links her to her country of origin.

If your spouse has been refused a visa to Canada ever before then this may be a big red flag for officers. You need to potentially also review why your spouse was previously refused in case this applies.

Yes, my job comes under both O and A. We did submit a picture along with the marriage certificate. Everything was complete and duly signed by my wife along with the fees. The sole reason it was denied was because the officer thought that she would overstay. I do not know how to make him believe that she will not or that her husband has a stable job and can support her. Also the Province is writing letter after letter in her support so that they could retain me in the province. my wife is qualified, well educated and has all credentials. I really can't say how they determine who is eligible and who is not based on their assumption. I have had friends who fall under the same job category as me and their wives were given OWP. I do not know if I am unfortunate or what. There is always a catch 22 situation in the IRPA act. One Manual says that spouse of a Provincial Nominee is entitled for an OWP, on the other hand it says the Visa officer can deny her a visa if she does not satisfy the officer.
I really have no answer to this or a perfect solution. I am confused and waiting for answers. Because of Privacy reasons you cannot contact the embassy or explain them. A very tricky situation. But I believe there is always a solution.

 

[moscatojuices]

This post is from years ago. Who are you talking to lol?

 

[Naturgrl]

Well you do need to show that your spouse is willing to leave once her status expires, after all the provincial nomination was granted to you, only, and you have not yet both received PR status. Hence, you need to demonstrate to the officer that your spouse's intend (and yours in fact, too) is to leave the country should your status expire before a PR decision is made, same as what you had to demonstrate before you came to Canada in the first place. Show ties to the family back in your country, potentially property in her name back where she came from, bank accounts, or the like. Anything that still links her to her country of origin.

If your spouse has been refused a visa to Canada ever before then this may be a big red flag for officers. You need to potentially also review why your spouse was previously refused in case this applies.

You are responding to a post from 2013.

 

[Matt173]

Talking to any future viewers of this thread. It is irrelevant how old this thread is.

This post is from years ago. Who are you talking to lol?

 

[Matt173]

I am fully aware, I posted hopefully for the benefit of future readers.

You are responding to a post from 2013.

 

[moscatojuices]

Talking to any future viewers of this thread. It is irrelevant how old this thread is.

You state: "From own experience the mistakes and shortsightedness of many immigration officials is not just a rare exception, a lot of applications are carelessly evaluated and that with an insanely slow processing speed. Something in this system IS BADLY BROKEN AND THERE IS CURRENTLY NO INTENT TO FIX IT."

Totally agree with you.

One time I was applying for a work permit at the border and a CBSA agent was reviewing my neat stack of documents.

She told me: "I cant' issue you a work permit because you don't have a support letter from the province stating you're urgently needed by your employer."

I told at her: "Please look at the third page from the top."

CBSA agent: "Oh."

They make mistakes all the time and it's a shame that when IRCC makes mistakes, you aren't there in front of them to challenge them. Instead you have to deal with a PFL and pay lots of money to a lawyer to deal with it.