Spouse open work permit rejected

[Vikram N]

Hi All

I am under a closed work permit in Canada. I reached here in November 2019 and i got married around November 3rd, 2019 . I am in NOC A, 2173 Software engineer and my work permit is till June 2021. I tried for a Visitor visa from India for my wife and it got rejected twice.I applied twice through my company before for TRV both got rejected saying that there are no family ties to India. My company said we could apply once more with same document in paper instead of online so i didnt trust them and went to an agency.

So i went through an agency and i applied again but this time i tried for a Spouse open work permit as suggested by them as that will be the one they could stay till my work permit time. I don't have much of bank balance as i came here only 3 months back and my wife has not traveled before and she don't have much bank balance too but my per annum salary is more than 80K.

1) You have not adequately demonstrated that you meet the requirements of a spousal open work permit pursuant to section 205(c)(ii) of the Regulations.
2) Eligibility for a work permit in this category only applies to the spouse or common-law partner of a work permit holder who is doing work that is at a level that falls within National Occupational Classification (NOC) skill levels 0, A or B.


What can i do now to make sure to prove the above points. I am really stuck now not sure what to do.

 

[canuck78]

Hi All

I am under a closed work permit in Canada. I reached here in November 2019 and i got married around November 3rd, 2019 . I am in NOC A, 2173 Software engineer and my work permit is till June 2021. I tried for a Visitor visa from India for my wife and it got rejected twice.I applied twice through my company before for TRV both got rejected saying that there are no family ties to India. My company said we could apply once more with same document in paper instead of online so i didnt trust them and went to an agency.

So i went through an agency and i applied again but this time i tried for a Spouse open work permit as suggested by them as that will be the one they could stay till my work permit time. I don't have much of bank balance as i came here only 3 months back and my wife has not traveled before and she don't have much bank balance too but my per annum salary is more than 80K.

1) You have not adequately demonstrated that you meet the requirements of a spousal open work permit pursuant to section 205(c)(ii) of the Regulations.
2) Eligibility for a work permit in this category only applies to the spouse or common-law partner of a work permit holder who is doing work that is at a level that falls within National Occupational Classification (NOC) skill levels 0, A or B.


What can i do now to make sure to prove the above points. I am really stuck now not sure what to do.

Was this an arranged marriage or do you have proof a dating relationship for some time before the wedding?

 

[Vikram N]

Yes this is arranged marriage. I have added proof of relationship with certificate, photos of marriage, chats and phone call from mobiles when we were engaged on July.

 

[canuck78]

Yes this is arranged marriage. I have added proof of relationship with certificate, photos of marriage, chats and phone call from mobiles when we were engaged on July.

We see that there is often a reluctance to award SOWP to arranged marriages right after marriage. Would apply with proof of relationship before and after marriage plus proof of marriage. How much time have you actually spent together in person? This is to attempt to minimize marriage fraud.

it also seems like you have not provided a detailed letter about your job duties. Hopefully at this point you can also show some savings.

 

[Vikram N]

Ya unfortunately the time i spent after marriage is very less around 15 days. Added chats and full story of how we met before marriage. I did have a detailed deputation letter from my office which i attached but there was no mention of NOC type in employment letter but agency did write about it. I am checking with office a revised letter with NOC type and adding roles/job duties. I do have around 3.5-4K in my account but i know it is really less.

I did hear from many on the marriage ones if it is less time but i am not sure what else to do. I did submit some of my chats and call history.
But as it was mentioned like NOC type is not clear working with company on that. I am not sure if that is the only reason for this.

 

[canuck78]

Ya unfortunately the time i spent after marriage is very less around 15 days. Added chats and full story of how we met before marriage. I did have a detailed deputation letter from my office which i attached but there was no mention of NOC type in employment letter but agency did write about it. I am checking with office a revised letter with NOC type and adding roles/job duties. I do have around 3.5-4K in my account but i know it is really less.

I did hear from many on the marriage ones if it is less time but i am not sure what else to do. I did submit some of my chats and call history.
But as it was mentioned like NOC type is not clear working with company on that. I am not sure if that is the only reason for this.

What is important is that you have a detailed list of your job duties. Does your wife have savings? If you pay for her flight you will not have a lot of savings. You need to include proof of your communication within throughout the past months.

 

[Vikram N]

Thank you Canuck. I will include those too. Once i get her visa my office would pay for her flights. Having trouvble only with Visa process. I initially tried TRV twice but now going to SOWP. I think SOWP should be the right path?

 

[canuck78]

Thank you Canuck. I will include those too. Once i get her visa my office would pay for her flights. Having trouvble only with Visa process. I initially tried TRV twice but now going to SOWP. I think SOWP should be the right path?

Would include a letter from your employer saying that they will pay for her relocation expenses. TRV was not the right option. She was correctly refused because she is not wanting to visit Canada temporarily. SOWP is the right option.

 

[Vikram N]

Thank you Canuck. I am going through SOWP now. The only concern was the below one i had. I am adding an letter from employer stating my NOC type to make sure they know it is NOC A. Also adding call history from past month to her and also a list of all job duties i would be performing.

2) Eligibility for a work permit in this category only applies to the spouse or common-law partner of a work permit holder who is doing work that is at a level that falls within National Occupational Classification (NOC) skill levels 0, A or B

 

[Vikram N]

Also just one more doubt. Does paper work have good acceptance compared to online. Sorry just checking. New to this.

 

[canuck78]

Also just one more doubt. Does paper work have good acceptance compared to online. Sorry just checking. New to this.

Online is fine. It is more important to list the actual duties you do. Do not just copy of the NOC description. Would include much more than phone records as proof of relationship.

 

[Vikram N]

Thank you Canuck. I am going to include a letter of employment from my company with NOC and duties. What would be good to add in proof of relationships. I added my wedding photos, marriage certificate and phone and chat records in proof of relationship as well as a paragraph mentioning how we met and how we got married.

 

[canuck78]

Thank you Canuck. I am going to include a letter of employment from my company with NOC and duties. What would be good to add in proof of relationships. I added my wedding photos, marriage certificate and phone and chat records in proof of relationship as well as a paragraph mentioning how we met and how we got married.

Would make sure you list job duties and perhaps at the end indicate that based on your research your NOC is xxxx. Your employerisn’t really supposed to be saying so and so works in NOC xxxx. They are supposed to list all your job duties and CaiC determines the NOC.

In terms of relationship proof have you sent any money to your spouse? Added her on any joint accounts, life insurance, sent her gifts, etc. Yes chat logs throughout the relationship are fine but people focus too much on the wedding. The wedding is important but proof of the relationship before and after the marriage and proof of time spent together in person is important.