Spouse Open Work Permit for Spouse of a student refused despite no reason known - HELP - Can I overturn that decision and how ?

[GandiBaat]

Are you referring to the Global Talent Stream? If so you have to be outside Canada to apply and not currently working in Canada to be eligible as the whole point is not having anyone in Canada.

https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/hire-temporary-foreign/global-skills-strategy/eligibility.html

In theory, one can quit their current job, exit canada at US border and re-enter to get a new work permit on GTS. If their work permit is still valid, they can get it at border.

 

[Sarah1980]

One question:

Who got the status in Canada first? Did you become a student first or did your husband became a student?


The person who became a student first will be considered "principal foreign national" (https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/public-policy-competitiveness-economy.html).

The principal will remain principal and can not become dependent and acquire a SOWP.

So, if you got your Study Permit first, you will be principal foreign national and you CAN NOT get SOWP under C42 condition.

Yes that was exactly the problem. I was the student first. It is interesting though that on the letter of refusal they did not mention this problem but was just a standard refusal letter with no specifics. Thanks to this forum now I know the problem and would not foolishly just reapply again for that permit.