SPOUSE OPEN WORK PERMIT EXTENSION IS REFUSED & IRCC ENDS TEMPORARY RESIDENT STATUS

[Chirag_P]

Urgent Advice Needed – SOWP Extension Refusal and Next Steps

I applied for a Spousal Open Work Permit (SOWP) extension within Canada on April 22, 2024, but received a refusal on August 27, 2024. My spouse is currently a second-year student pursuing a Postgraduate Certificate in International Business Management at Sheridan College. Upon submission, I was issued an interim work authorization letter valid until October 19, 2024.

The refusal letter from IRCC, dated August 27, 2024, states the following reason:

"The exemption from the requirement to have a valid Labour Market Impact Assessment (LMIA) is for spouses/common-law partners accompanying a spouse attending a master’s, doctorate, or professional degree under eligible programs. Since your spouse is not enrolled in any of these programs, you are not eligible for a work permit under this exemption."

Additionally, the letter informed me that my temporary resident status expired on August 27, 2024.

My work permit was valid until April 30, 2024, and I had been working full-time with Kenworth. I applied for the SOWP extension on April 22, 2024, and received the refusal on August 27, 2024. I submitted a reconsideration request on August 31, 2024, which IRCC acknowledged on September 9, 2024, stating that my file has been added for officer review.

As per the SOWP extension policy, some of my friends with spouses in similar courses have successfully received approval.

I would appreciate your honest advice on the following:

1. Am I eligible for status and work permit restoration?
   The letter mentions, "You may apply for restoration if, within 90 days from the expiry of your temporary resident status."
2. What are the chances of approval for the reconsideration request?
3. Can I stay in Canada since I have a valid visitor visa until August 2025?

Your timely guidance would be greatly appreciated. Thank you.

 

[Naturgrl]

Urgent Advice Needed – SOWP Extension Refusal and Next Steps

I applied for a Spousal Open Work Permit (SOWP) extension within Canada on April 22, 2024, but received a refusal on August 27, 2024. My spouse is currently a second-year student pursuing a Postgraduate Certificate in International Business Management at Sheridan College. Upon submission, I was issued an interim work authorization letter valid until October 19, 2024.

The refusal letter from IRCC, dated August 27, 2024, states the following reason:

"The exemption from the requirement to have a valid Labour Market Impact Assessment (LMIA) is for spouses/common-law partners accompanying a spouse attending a master’s, doctorate, or professional degree under eligible programs. Since your spouse is not enrolled in any of these programs, you are not eligible for a work permit under this exemption."

Additionally, the letter informed me that my temporary resident status expired on August 27, 2024.

My work permit was valid until April 30, 2024, and I had been working full-time with Kenworth. I applied for the SOWP extension on April 22, 2024, and received the refusal on August 27, 2024. I submitted a reconsideration request on August 31, 2024, which IRCC acknowledged on September 9, 2024, stating that my file has been added for officer review.

As per the SOWP extension policy, some of my friends with spouses in similar courses have successfully received approval.

I would appreciate your honest advice on the following:

1. Am I eligible for status and work permit restoration?
   The letter mentions, "You may apply for restoration if, within 90 days from the expiry of your temporary resident status."
2. What are the chances of approval for the reconsideration request?
3. Can I stay in Canada since I have a valid visitor visa until August 2025?

Your timely guidance would be greatly appreciated. Thank you.

You have stopped working and assume you are now out of status.
1. Yes
2. Don’t know as you are not eligible anymore.
3. You are not in status so you must change status to visitor. You will be given up to 6 months extension or refused.

 

[Chirag_P]

You have stopped working and assume you are now out of status.
1. Yes
2. Don’t know as you are not eligible anymore.
3. You are not in status so you must change status to visitor. You will be given up to 6 months extension or refused.

Thank you for your reply.
Yes, I've stopped working and out of status as letter states. Regarding the Restoration of status will it restore my temporary status only or work permit along with the Temporary status?
Shall I wait for the Reconsideration request answer before submitting the status restoration application?
Can you explain further the non-eligibility for sowp extension within Canada?

 

[Naturgrl]

As of August 27, you were out of status. You can restore status to visitor but cannot work. Spouse is in a certificate program so spouses are no longer eligible for SOWPs, only students in Masters/PhD programs. That directive was implemented in March 2024. So that is why you were refused. SOWP will not be approved.

So restore status to visitor and wait for response. If refused and asked to leave Canada, then leave.