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.

 

[prem987]

Hey bro, did you apply for reconsideration? If yes what is the outcome. Kindly let us the knw the next step.

 

[selinaa07]

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.

hey please update on your profile. I am also in a similiar situation.

 

[Chirag_P]

Hey bro, did you apply for reconsideration? If yes what is the outcome. Kindly let us the knw the next step.

Hello,
So I applied for reconsideration twice, first on 31st August and second on 17th October. Also contacted MP for a follow-up. I explained the guidelines in detail in my reconsideration file consisting of guidelines.

My file was reopened on 1st November and my work permit was approved on 6th November.

 

[Chirag_P]

hey please update on your profile. I am also in a similiar situation.

Hello,
So I applied for reconsideration twice, first on 31st August and second on 17th October. Also contacted MP for a follow-up. I explained the guidelines in detail in my reconsideration file consisting of guidelines.

My file was reopened on 1st November and my work permit was approved on 6th November.

 

[Samantha Johnson]

Hello,
So I applied for reconsideration twice, first on 31st August and second on 17th October. Also contacted MP for a follow-up. I explained the guidelines in detail in my reconsideration file consisting of guidelines.

My file was reopened on 1st November and my work permit was approved on 6th November.

But once a reconsideration is rejected they dont enterain a second reconsideration. how did you manage multiple reconsideration requests ?

 

[Chirag_P]

But once a reconsideration is rejected they dont enterain a second reconsideration. how did you manage multiple reconsideration requests ?

They didn't rejected my first Reconsideration request. I submitted by myself. I am not fully sure which request they have considered.

 

[HelloLeo]

Hello, Thank you for sharing your story. When you received the refused decision, did you apply for restoration as well? How long did you wait before applying?

 

[canuck78]

Hello, Thank you for sharing your story. When you received the refused decision, did you apply for restoration as well? How long did you wait before applying?

Does your spouse qualify for an SOWP or will they in the near future? Do you have a PR application in process? It only makes sense to apply for restoration rather than leaving if you think your spouse has a pathway to remain in Canada in the near future.

 

[HelloLeo]

Does your spouse qualify for an SOWP or will they in the near future? Do you have a PR application in process? It only makes sense to apply for restoration rather than leaving if you think your spouse has a pathway to remain in Canada in the near future.

Hello! Thank you for responding.

SOWP extension situation: Yes, my spouse qualifies for SOWP extension as I am currently an international student.
The problem is that it was mistakenly refused recently as we were already here since August 2023.
Applied for extension on August 2024 for one more year of Post Degree Diploma.
Now, we applied for reconsideration, the same as Chirag but we are unsure how long it will take.
So was wondering if we are able to apply for restoration + work permit extension and how long does it take.

PR Application: no, unfortunately but if the scores go down, unsure how low, we are in the high 490s currently. Learning french as well, but we all know it's not easy.

I was hoping people can share their stories like Chirag did on how the reconsideration and restoration worked for them.
Appreciate anyone who can share their stories.

 

[Naturgrl]

Hello! Thank you for responding.

SOWP extension situation: Yes, my spouse qualifies for SOWP extension as I am currently an international student.
The problem is that it was mistakenly refused recently as we were already here since August 2023.
Applied for extension on August 2024 for one more year of Post Degree Diploma.
Now, we applied for reconsideration, the same as Chirag but we are unsure how long it will take.
So was wondering if we are able to apply for restoration + work permit extension and how long does it take.

PR Application: no, unfortunately but if the scores go down, unsure how low, we are in the high 490s currently. Learning french as well, but we all know it's not easy.

I was hoping people can share their stories like Chirag did on how the reconsideration and restoration worked for them.
Appreciate anyone who can share their stories.

So spouse has stopped working and apply for restoration with WP. Current processing is over 200 days. When did she get refusal and does letter say she can restore status? How was she mistakenly refused? What were reasons for refusal?

 

[HelloLeo]

So spouse has stopped working and apply for restoration with WP. Current processing is over 200 days. When did she get refusal and does letter say she can restore status? How was she mistakenly refused? What were reasons for refusal?

Oh yes, spouse has stopped working. We make sure that we follow the rules to not complicate anything.

Will my spouse get the restoration with WP even if the permit has already expired? This is what I wanted to know.
Can someone submit reconsideration and restoration at the same time because unsure what happens after.
The refusal was made on April 1, approval for my Student Permit Extension approved was April 2 which is odd.
It mentioned that the SP is not on master's, phd or bacherlor's as reason for refusal.
Basically, the rule that started in January 21, 2025 but we submitted August last year.