Spouse Open Work Permit - Refused:2014

[indianstudent]

Hi Indian student,

I have applied my spouse open work permit online application on 24th September, 2014 and got refusal on 28th october,2014 for same reason as yours :


You have not demonstrated that you come within the xceptions under section 186 of the regulations
exempting you from the requirement o btain a work permit or that your employment in Canada comes
within the xceptions to section 203 of the regulations. As a result, your ofer of employment must be the
subject of an economic efect detrmination before a work permit can be isued to you. Your employer in
Canada should contact he local ofice of the Department of Human Resources and Skils Development
Canada to begin this proces.

So now what to do in this situation? As I on open work permit and I have Nov B level job in British Columbia. My work permit is valid for October 2016. I send all those required documents as per their requirement. But they took the wrong decision as my spouse don't need any job offer from employer. So what should I do in this case.

Hope soon hear from you and others too who know about it.

Hi,

Please apply for GCMS notes. You will get them in 30 days. The actual reason for the rejection of our application was that I did not attach my confirmation of employment or pay slip. Thought i attached my offer letter. There might be some specific reason. The notes will really help you understand what went wrong, than rather speculating.

 

[indianstudent]

Hello,

I applied for my wife's Spousal Open Work Permit online, rejected first as the application form does not give an option to choose Spousal Open Work Permit and was denied stating that you are not eligible, again applied online and again rejected stating the purpose of visit and your personal assets and financial status. However on the online application there is no space to send my documents I have a post graduate open work permit and working in a skilled category, that qualifies my wife but they refused twice without even asking for my documents.

Would it be advisable to do paper application where we can include all supporting documents. Please please help ! Planning to apply third time. will be very helpful if someone can suggest.

Hi,

I applied the first time online. Mine was rejected too. The next time i applied through VFS global, Chennai. I got it processed on two days. Online its hard to attach all the documents. The total weight of my second application was 4 kilograms. loads of documents, photos, etc.. Make you case stronger next time. Apply with all the documents through VFS Global.

 

[indianstudent]

Hey,same case happened with me...

I have applied for open work permit on the basis of my husband (as he is studying in canada) and today i got rejection letter and following reasons are given for the rejection ,

1. Your family ties in canada and in your country of residence
2. length of proposed stay in canada
3. Purpose of visit
4. Your personal assets and financial status

In my next application what proofs or explanation should i give ?

Please help me ..

Hi,

Did you apply for visitor visa? the refusal reasons are weird. for 1st and 4th reason, i would attach some indian property documents and say that you have strong ties in India and you do not have any intention to stay in Canada. You will return as soon as your husbands visa expires. Do not forget to translate and notarize those documents. Give approximate current value of the property and if the property belongs to your family get a letter from that family member stating that they will support you in case of emergency. 2nd and 3rd reason, Relationship letter.. Write about you relationship as a story and say that you want to live and support him in Canada.

Your husband can apply for GCMS notes to get a clear picture of your case.

 

[Rajan Grover]

Thanks to all here in this forum. My spouse got visa and open work permit approved. The application was made on 27 October, 2014 in VFS Global, Chennai and got the open work permit approval letter on 30 October, 2014. I was really surprised. Was processed in two days. FYI, this time the application was processed in CIC Bangalore. Thanks to you all, again.

Congrats ,

Can you share the documents which you have attached with the application.

Rajan

 

[indianstudent]

Congrats ,

Can you share the documents which you have attached with the application.

Rajan

Thanks, Rajan. Here is the list. I am not sure whether you will have to submit all these documents, but i did.

Spouse's Documents - Principal applicant

Cover letter
Resume
Degree certificate
Previous employment offer letters and reliving orders
Notarized property document
Letter in response to the refusal of previous application
Relationship background letter
Wedding photos
Wedding invitation
Marriage certificate
Photos from other visits
Travel itineraries
Police clearance certificate
Pre-medicals
Rejection letter from CIC

My Documents

My support letter for my spouse
Letter of employment
Confirmation of employment
Record of employment
Pay stubs
Passport - India
Temporary Resident Visa
Post graduation work permit
My degree certificate received in Canada
Proof of funds - bank statement
Canada tax returns - 2013
Engineer-in-Training certificate
Engineering experience record

It is not a requirement to add all these documents. To make our case stronger, I had to add all these.

 

[R Kumar]

Hi IndianStudent & everyone else,

Congratulations!! its a great news. I want to apply for open work permit for my spouse too. I have open work permit until 2016. I am currently working full time and earning $20/hour. I got married in 2010, and i am living away from my wife ver since. Please help its been so long now.

Questions-
Can i apply for her OWP from here?
How about my 2 year old daughter?
How long it takes to get result?
How to make strong application? and what is needed?

Any help will be appreciated from bottom of my heart.

 

[indianstudent]

Hi IndianStudent & everyone else,

Congratulations!! its a great news. I want to apply for open work permit for my spouse too. I have open work permit until 2016. I am currently working full time and earning $20/hour. I got married in 2010, and i am living away from my wife ver since. Please help its been so long now.

Questions-
Can i apply for her OWP from here?
How about my 2 year old daughter?
How long it takes to get result?
How to make strong application? and what is needed?

Any help will be appreciated from bottom of my heart.

Hi Kumar,

Thank you very much. I have a questions for you. Is your job classified under NOC skill level 0, A or B ?

i. I don't think so. She has to apply from India.
ii. I guess you can apply for a temporary resident visa for your daughter. (apply together with your wife's application)
iii. Processing time mentioned in the cic website is 4 months; As for as i know, it takes somewhere between 3 weeks to 2 months.
iv. That really depends; some basic pointers. All your employment documents (confirmation of employment, pay slips, etc), your immigration documents (visa, work permit, etc), Strong ties (Indian property documents), Proof of funds (bank statements), Relationship proofs (Marriage certificate, photos, etc).

 

[R Kumar]

Hi IndianStudent,
Thank you for the reply, my NOC is A. I am getting a good lawyer here in canada to do it for me. I just want it to be perfect.

 

[indianstudent]

Hi IndianStudent,
Thank you for the reply, my NOC is A. I am getting a good lawyer here in canada to do it for me. I just want it to be perfect.

Best of luck, Kumar.

 

[indianstudent]

Hi,
I just submitted online application for my partner on Nov.2 under my lmo as cook.
but I didn't see the check list request to upload payslips and bank account
May I ask is it additional supporting documents?
thx!

Pay slip is required only if you hold a post graduation work permit and applying for a spouse open work permit. Don't worry of you are not with a post graduation work permit.

 

[shraddha229]

Spouse Open Work Permit - Refused:2014 URGENT

Hi all
Urgent
Please anyone help me
I applied online on 19 August 2014 for dependent visa with open work permit. On 7 November2014 I got mail of refusal and before applying I checked my eligibility and it came I'm eligible.
My husband is international student and according to cic spouse of international student.
Note: Accompanying spouses or common-law partners of foreign students are eligible for an open work permit, which means they do not need a job offer or a labour market opinion from Service Canada.

But I got refusal stating

You have not demonstrated that you come within the exceptions under section186 of the regulations exempting you from the requirement to obtain a work permit or that your employment in Canada comes within the exceptions to section203 of the regulations.As a result,your offer of employment must be the subject of an economic effect determination beforea work permit can be issued to you.Your employer in Canada should contact the local office of the Department of Human Resour You have not demonstrated that you come within the exceptions under section186 of the regulations exempting you from the requirement to obtain a work permit or that your employment in Canada comes within the exceptions to section203 of the regulations.As a result,your offer of employment must be the subject of an economic effect determination before a work permit can be issued to you.Your employer in Canada should contact the local office of the Department of Human Resources evelopment Canada to begin this processces and Skills Development Canada to begin this process.

And as I applied online there was no column to submit any other document except there requirements. So I could not submit my husband's visa and passport.

I submitted my passport, marriage certificate, medical examination certificate and my photo.
Now please help me in procedure how to send enquiry to reopen my file and again give decision. Or I have to reapply.

THANK YOU
From INDIA

 

[indianstudent]

Re: Spouse Open Work Permit - Refused:2014 URGENT

Hi all
Urgent
Please anyone help me
I applied online on 19 August 2014 for dependent visa with open work permit. On 7 November2014 I got mail of refusal and before applying I checked my eligibility and it came I'm eligible.
My husband is international student and according to cic spouse of international student.
Note: Accompanying spouses or common-law partners of foreign students are eligible for an open work permit, which means they do not need a job offer or a labour market opinion from Service Canada.

But I got refusal stating

You have not demonstrated that you come within the exceptions under section186 of the regulations exempting you from the requirement to obtain a work permit or that your employment in Canada comes within the exceptions to section203 of the regulations.As a result,your offer of employment must be the subject of an economic effect determination beforea work permit can be issued to you.Your employer in Canada should contact the local office of the Department of Human Resour You have not demonstrated that you come within the exceptions under section186 of the regulations exempting you from the requirement to obtain a work permit or that your employment in Canada comes within the exceptions to section203 of the regulations.As a result,your offer of employment must be the subject of an economic effect determination before a work permit can be issued to you.Your employer in Canada should contact the local office of the Department of Human Resources evelopment Canada to begin this processces and Skills Development Canada to begin this process.

And as I applied online there was no column to submit any other document except there requirements. So I could not submit my husband's visa and passport.

I submitted my passport, marriage certificate, medical examination certificate and my photo.
Now please help me in procedure how to send enquiry to reopen my file and again give decision. Or I have to reapply.

THANK YOU
From INDIA

What other documents did you submit to prove your husbands status in Canada. Student permit, Confirmation of Study, etc. His documents are very much essential than yours. See the previous posts to check what documents we submitted to make your case stronger.

 

[DeH]

Hello All,

I have one query about open work permit visa.
My husband is currently doing his MGM (Masters in Global Management) in Vancouver, Canada. Duration of this course is 18 months. It started on Sept 2014.

I want to apply for open work permit visa. Currently, I am working in a software company in India. My question is : Can I apply for open work permit visa when I am currently employed?

Also I have attached the following documents.
IMM1295
IMM 5645
IMM 5257
Bank statement and FD with sufficient funds
Payslips (last 6 months)
Cover letter
SOP
degree certificate
previous company offer letter and relieving letter.
Current company offer letter
Income tax returns - last 2 years

Husband's Documents.
Copy of passport, immigration and visa
Invitation letter by University
invitation letter by husband.

What other documents is required to add?

 

[nameka]

Thanks to all here in this forum. My spouse got visa and open work permit approved. The application was made on 27 October, 2014 in VFS Global, Chennai and got the open work permit approval letter on 30 October, 2014. I was really surprised. Was processed in two days. FYI, this time the application was processed in CIC Bangalore. Thanks to you all, again.

Hi indianstudent

Good to hear that your wife got the OWP this time.
I am in the same situation as ur wife was. My husband is an International Student in Canada. I am currently in Bangalore and had applied for SOWP with all details and documents including his Visa details, His Passport details, His college invitation for me, my financial statement and personal assets etc.
However still got a rejection letter "You have not demonstrated that you come within the exceptions under section 186 of the
Regulations exempting you from the requirement to obtain a work permit or that your
employment in Canada comes within the exceptions to section 203 of the Regulations. As a
result, your offer of employment must be the subject of an economic effect determination before
a work permit can be issued to you. Your employer in Canada should contact the local office of
Service Canada to begin this process." and "your personal assets and financial status"

What other documents did you submit this time for your wife as you hv mentioned its processed within 2 days.. Kindly help!!!
Any other senior members please provide your input as well for SOWP with spouse Study permit.

For SOWP, is there any LMO to be mentioned? from the sources i hv read LMO is applicable only for work permit and not for Spousal OWP, Am i right?

When all the documents are submitted appropriately with good financial status, how can they refuse without giving proper information? I read we can send an email to Question @ cic.gc.ca as metioned by HossamHamed. Has anyone got any useful response from this ? Do we need to go through the same procedure again or cant we request them to re consider the application ?

Your inputs are appreciated!!

Thanks

 

[shraddha229]

Re: Spouse Open Work Permit - Refused:2014 URGENT

But as I said, I applied online, and there was no option to upload more documents. They asked me only 4 documents they were mine nothing related to my husband.so what shall I do now. Shall I send a mail enquiry with husband's passport and visa. Or I should reapply for open work permit. Paper based or online. Please reply