Spouse Open Work Permit for PGWP holder: Rejected

[NaomiA]

Hi there!

Could someone please help me and advice on next steps?

I applied for my PGWP on Sep 02, 2015 along with my husbands Open Work permit application. On Dec 21, 2015 I got a request for additional document.

The letter addressed to my husband was uploaded on My CIC against my application and he was asked to submit a letter from my employer proving that I was a skilled worker.

We submitted this letter on the same day (Dec 21, 2015) and I found that I had to upload the letter on MY CIC against my application. The next day (Dec 22, 2015) my PGWP was approved but my husband’s application remained under processing. There were no updates to his application and last week we saw that his application had exceeded the normal processing time.

We then sent a CSE (with the additional doc) and called CIC call center. Yesterday (Feb 11, 2016) my husband’s open work permit application was refused and the letter said it was because the case officer was not convinced that my job was in NOC O, A, B.

As far as I can understand, my current job (Communications Associate) falls in NOC1123, Skill level A. The job description (public relations) is the same as NOC 1123 and the position required a university degree/diploma, so it is skill level A, right? It is a seven months paid internship for internationally trained professionals and I got this job through a bridging program. This is why it is being seen as an unskilled job?

We are quite at loss at the refusal. My husband lost his implied status yesterday and had to resign from the job he’s been working at for the last 1.5 years.

Our question is: can he apply for a restoration of his worker status? It makes no sense for me to work in Canada with a PGWP and have my husband stay here as a visitor, or go back to our home country.

Could someone advise on what our options are? How can I convince the case officer that I am a skilled worker? I had submitted a letter from my employer with duties etc, my contract and three pay slips.

So confused and upset!

-naomi

 

[b4ahmad]

Oh, sorry to hear that. May be you can post your question in the below forum and ask "FKL" to comment on it, as he is very senior member and knows a lot about CIC visa programs,

http://www.canadavisa.com/canada-immigration-discussion-board/spouse-open-work-permit-t103723.2040.html

Following link gives complete requirements for spouse open work permit,
http://www.cic.gc.ca/english/resources/tools/temp/work/opinion/policy.asp

May be your job was an internship and was only for 7 months, could be the reason for this refusal. I think he should apply for restoration of his status as visitor first, and in the mean time you should secure a job which is full time, atleast one year long contract and is in skill level "A".

If your spouse has worked more then one year in Canada, he can apply for CEC under express entry system. Other option would be to apply under PNP and have approval for your permanent residence, and then you can apply for open work permit. These are my thoughts, there may be other options that suit your situation. Best of luck

 

[evanstp9]

Have a look here:

Note: If you are a holder of an open work permit (e.g., Post-Graduation Work Permit, Working Holiday, etc.), your spouse or common-law partner, applying for the C41 exemption, will need to attach a copy of your work permit to his or her application for an open work permit. Your spouse or common-law partner will also need to provide information about your employment by attaching supporting documents including:
a letter from your current employer confirming employment or a copy of your employment offer or contract; and
a copy of one of your payslips.

From http://www.cic.gc.ca/english/resources/tools/temp/students/post-grad.asp

The internship I think did not help, not sure if it has to be a "permanent" job offer.. Permanent in the sense till the validity of your permit at least or till the transition to permanent residency.

 

[omolola]

sorry to hear Naomi i have not hear anything about my own husband yet. Hope it get sort out soon

 

[fkl]

I am sorry to hear about the refusal Naomi.

I suspect the term INTERNSHIP associated with the job might be the issue. Another could be duration of 7 months only. I guess if these two weren't there it should be easier to get through. I assume the validity of your PGWP is longer.

Any way another important factor that CIC often looks at (in determining whether a job is skilled or not) is that they compare it with the average wages for that NOC in that province and you are good as long as it is the same as the average or higher. This criteria is primarily used for LMIA based job approval but the data often comes up when its hard to determine classifying a job as skilled.

Take a look at wages of various professions here across Canada (also search hourly, weekly, monthly by province). See if your wage is lower than the average for your NOC for the province. That is likely because of internship, you are considered a beginner in the field.

http://www.statcan.gc.ca/tables-tableaux/sum-som/l01/cst01/labor93a-eng.htm

If it is close, I would write a letter of explanation showing details and reapply.

Yes he has to apply for restoration of status - as worker should be fine given all the other arguments. But he cannot work until the decision comes.

The logic CIC has is that the dependent spouse may or may not have a job. So a person has to have a skilled job to support a couple / family.

Many times people are refused the first time, and with good enough explanation and proof, get through the second time.

It might help attaching your spouse's job of 1.5 year experience letter, pay stub and possible continuity of it. It does not have a legal value for CIC but it certainly makes a case for the new visa officer who reviews the decision.

Though just curious, your spouse worked here for 1.5 year and he doesn't qualify for a PR program? If so you should consider applying for PR.

 

[NaomiA]

Thank you all for taking the time to help us out! I'm really very touched. Sorry for the late response, my husband and I both had the terrible flu and lost a week of our lives to high fever!

There's a couple of things that are a bit weird with our case:

1. When I had applied for my Post Graduate Work Permit and my husband’s Open Work permit on September 03, 2015, my husband had appointed me as a family member representative by filling up and signing the “Use of a Family Member Representative for Online Applications” form no 5713E. The option to upload this document on My CIC was against my application. But I have been told both by CIC Call Centre agent and in response to my CSE that CIC can not find this document against my application and because of the Privacy Act can not give me updates on my husband's application. I was asked to resend the document.

2. After noticing that my husband's application had exceeded normal processing time, we sent a Case Specific Enquiry (with the Inviter’s Employment Letter re-attached) on February 8, 2016 and called the CIC Call Center on February 9, 2016. The CIC Call Center agent logged into the system and informed my husband that he could not find the additional document. And then on Feb 11, we got the refusal. I am worried that perhaps the additional document (Inviter’s Employment Letter) was not attached with his application.

I have submitted another CSE with a detailed letter of explanation, explaining the entire application process, elaborating on the nature of my job and providing proof that my job required a university degree. I don't know whether CIC will re-evaluate our documents and reopen the case, but I did put forward a request.

Now we are preparing to submit a restoration of status (as a worker) application, with further documentations from my workplace on my job. Thanks FKL for suggesting that we should also include the letter of experience from my husband's former employers in Canada. It shows that he has been supporting me for the last 1.5 years!

Our PR application (FSW inland, AOR Nov 2015, I am principal applicant) is under processing now. Hope we get that soon so that we can both work and build up our lives....

-naomi

 

[fkl]

You are most welcome and All the best.

Wow - your file is really messed up.

I am sorry I missed the point that you are already filing BOWP so you must have a PR in process.

The weirdest thing here is that ONCE you have a PR application submitted, the dependency for your current job being skilled is removed for SOWP requirements.

i.e. if some body is applying and going for PR (and they are already here with their spouse), their spouse is going to continue living with them, irrespective of them holding a skilled job or not.

So in your (spous's) restoration application, cite this

a) You have a university degree and a corresponding job. So it is supposed to be skilled NOC and therefore your spouse is eligible for BOWP.

b) You have a PR in process already which includes your spouse too. THAT makes your spouse eligible for dependent open work permit already - irrespective of your current job being skilled or not.

If your pay is average or higher than that of your profession in your NOC, mention it specifically as well in a). If not, just leave it out.

UPDATE: VERY IMPORTANT
Attach proof that your spouse has stopped working because now he is out of status.

 

[NaomiA]

My husband got his notes from his OWP application (which was refused Feb 12, 2016).

It says that CIC never received the inviter's letter of employment (letter from my employer), even though I have uploaded and submitted the document back in Dec 2015!

Once I had submitted the letter, it says "Provided" in MY CIC and my PGWP was approved the next day.

Does anyone know how I can request CIC to reopen my husband's case? Its not my fault that I submitted additional docs, and it wasn't linked to my husband's application...

 

[noworry90]

hi, its my first time writting on this blog. i have a different question please help me also out. as i have seen mostly people help each other her.
i have don 2 years studies in canada and now i have PGWP. i am doing PSW job which is considered as semi skilled job in nova scotia. after 6 months i cn apply for PNP.
Bit my problem started when i came to know that im expecting in august. My husband is india. I am all aone here and doing full time job in nova scotia and i have salary also that meets the standards.
so please suggest me in what way i can call my husband here ASAP as its our first baby ever. i want him to be with me and see the baby growth.

so please help me that which is the best way i can hve my husband atleast in july.........

 

[scylla]

hi, its my first time writting on this blog. i have a different question please help me also out. as i have seen mostly people help each other her.
i have don 2 years studies in canada and now i have PGWP. i am doing PSW job which is considered as semi skilled job in nova scotia. after 6 months i cn apply for PNP.
Bit my problem started when i came to know that im expecting in august. My husband is india. I am all aone here and doing full time job in nova scotia and i have salary also that meets the standards.
so please suggest me in what way i can call my husband here ASAP as its our first baby ever. i want him to be with me and see the baby growth.

so please help me that which is the best way i can hve my husband atleast in july.........

Your husband will need to apply for a visitor visa.

 

[VISACFen]

I am sorry to hear about the refusal Naomi.

I suspect the term INTERNSHIP associated with the job might be the issue. Another could be duration of 7 months only. I guess if these two weren't there it should be easier to get through. I assume the validity of your PGWP is longer.

Any way another important factor that CIC often looks at (in determining whether a job is skilled or not) is that they compare it with the average wages for that NOC in that province and you are good as long as it is the same as the average or higher. This criteria is primarily used for LMIA based job approval but the data often comes up when its hard to determine classifying a job as skilled.

Take a look at wages of various professions here across Canada (also search hourly, weekly, monthly by province). See if your wage is lower than the average for your NOC for the province. That is likely because of internship, you are considered a beginner in the field.

http://www.statcan.gc.ca/tables-tableaux/sum-som/l01/cst01/labor93a-eng.htm

If it is close, I would write a letter of explanation showing details and reapply.

Yes he has to apply for restoration of status - as worker should be fine given all the other arguments. But he cannot work until the decision comes.

The logic CIC has is that the dependent spouse may or may not have a job. So a person has to have a skilled job to support a couple / family.

Many times people are refused the first time, and with good enough explanation and proof, get through the second time.

It might help attaching your spouse's job of 1.5 year experience letter, pay stub and possible continuity of it. It does not have a legal value for CIC but it certainly makes a case for the new visa officer who reviews the decision.

Though just curious, your spouse worked here for 1.5 year and he doesn't qualify for a PR program? If so you should consider applying for PR.

Hi man, sorry for using this place to ask you two questions. I'm so confused.

I got MPNP and I mailed my PR application in late June. I didn't know if I can stop working and go to university to study. So I went to MPNP office they said yes and it won't hurt the PR application. I called CIC they said the same thing. But in another day, another MPNP officer said no! YOU HAVE TO WORK!

So, can I ask you if I can stop working? Thanks in advance. Thanks you Naomi.

 

[Poonam.tandon]

Hi,

I am planning to apply for PG Diploma course for Jan 17 intake. I will be getting married in December 2016 and want my spouse to accompany me with SOWP in January or February.
Can anyone help me with step by step procedure to do so with no rejection of visa.

Please suggest genuinely.

 

[shinaamin]

Hi, I applied for spouse work permit extension based on my Husabd's work permit but I got refusal on 25September,2017stating that I didnt provide enough documents.
There was no extra space to attach additional documents when I applied. My Husband is working under NOC A and I have 3 pays slips also . Can my case be reconsidered by CIC? How much time they would take to get back after requesting for reconsideration?

 

[Imrankhan27]

Hello everyone, I applied for my pgwp and my husband file already in progress which I filed during my study.(no results yet)
Now I have three pay slip with b grade job which I am going to upload with our file
But due to some reason I was not able to work more than 45 hours in two payslips
Will it cause any problems to the file?
Or I can upload them?