Spouse Open Work permit

[GreenHak]

Hello every1..

My spouse sowp got refused.. For some reg 186 or something... Im way to sad...i gotta think about my options now.. Plz help if any1 can tell me wht to do.

I am very sorry for that bro.

When did u get response?

Nowadays applicants who apply without LMIA are getting refused.

Could you be more specific about all the refusal reasons mentioned? So I can comment?

An SOWP applicant can never come under any ground of 186. They might be referring to the applicant's spouse.

As per R186, Spouse of the applicant should furnish proofs confirming his/her eligible NOC level and prove that they will be working at least for the next 6 months on the same job (It is not mentioned explicitly).

R186 - http://www.cic.gc.ca/english/resources/tools/temp/work/permit/index.asp

Only C-41 and C-42 of R205(c)(ii) are applicable to SOWP applicants.

Refer C-41 of R205(c)(ii) - http://www.cic.gc.ca/english/resources/tools/temp/work/opinion/policy.asp

@fkl Please enlighten us. Why would they claim 186 instead of R205 ? How can an SOWP applicant can come into anything under R186 ?

@Netz Don't lose hope bro.

 

[ashpur88]

I am very sorry for that bro.

When did u get response?

Nowadays applicants who apply without LMIA are getting refused.

Maybe I am taking your quote out of context but do you mean PGWP holders are getting their SOWP rejected? I dint require an LMIA for my WP or my job.

@Netz.. Don't lose hope buddy. There is a wealth of information and a lot of helpful people here on the forum. Just share more details and I am sure someone will be able to help you out with your next application. Did you specifically state "SOWP" on your application? I ask this because like GreenHak mentioned, the reason for refusal doesnt make any sense.

 

[GreenHak]

Maybe I am taking your quote out of context but do you mean PGWP holders are getting their SOWP rejected? I dint require an LMIA for my WP or my job.

@Netz.. Don't lose hope buddy. There is a wealth of information and a lot of helpful people here on the forum. Just share more details and I am sure someone will be able to help you out with your next application. Did you specifically state "SOWP" on your application? I ask this because like GreenHak mentioned, the reason for refusal doesnt make any sense.

Hi,

I modified my comment that I made out of disappointment.
I am aware PGWP is a flavor of open work permit where the spouse is eligible for SOWP when they demonstrate their spouse have NOC 0, A or B level job.
The main reason I find is the way we project the case. There is no separate straight forward document checklist or application for SOWP. It gives room for confusion and we mess up the application either by underestimating or over complicating the procedure. Sad but true with many cases. :-[

 

[fkl]

I am very sorry for that bro.

When did u get response?

Nowadays applicants who apply without LMIA are getting refused.

Could you be more specific about all the refusal reasons mentioned? So I can comment?

An SOWP applicant can never come under any ground of 186. They might be referring to the applicant's spouse.

As per R186, Spouse of the applicant should furnish proofs confirming his/her eligible NOC level and prove that they will be working at least for the next 6 months on the same job (It is not mentioned explicitly).

R186 - http://www.cic.gc.ca/english/resources/tools/temp/work/permit/index.asp

Only C-41 and C-42 of R205(c)(ii) are applicable to SOWP applicants.

Refer C-41 of R205(c)(ii) - http://www.cic.gc.ca/english/resources/tools/temp/work/opinion/policy.asp

@fkl Please enlighten us. Why would they claim 186 instead of R205 ? How can an SOWP applicant can come into anything under R186 ?

@Netz Don't lose hope bro.

Assuming the applicant was a dependent spouse of a person with LMIA job OR a person holding a PGWP + Skilled job, claiming 186 simply states they didn't take it as a Spousal open work permit application and said "you haven't demonstrated that you come under exemptions from work permit".

So the applicant has to provide the following whether there is separate sections for those or not

a) Proof of relationship (in case of recent marriage - more than just the marriage cert)
b) Principal spouse's work permit and (LMIA OR proof of Job - usually in addition to pay stub / job offer, detailed enough document to convince CIC that it is indeed a skilled job).
c) Clearly indicate on the application that this is Spousal open work permit application.

If any of above wasn't done and it was refused, its pretty common scenario. Just address above and reapply. You should get that through. Many people get it through after above is addressed.

 

[ashpur88]

The main reason I find is the way we project the case. There is no separate straight forward document checklist or application for SOWP. It gives room for confusion and we mess up the application either by underestimating or over complicating the procedure. Sad but true with many cases. :-[

I completely understand your sentiments. Despite meeting all the criteria that make my wife eligible for an SOWP, I am tensed because the online process was vague and I had to guess what documents might make my case stronger. Fingers crossed!

 

[Netz]

I am very sorry for that bro.

When did u get response?

Nowadays applicants who apply without LMIA are getting refused.

Could you be more specific about all the refusal reasons mentioned? So I can comment?

An SOWP applicant can never come under any ground of 186. They might be referring to the applicant's spouse.

As per R186, Spouse of the applicant should furnish proofs confirming his/her eligible NOC level and prove that they will be working at least for the next 6 months on the same job (It is not mentioned explicitly).

R186 - http://www.cic.gc.ca/english/resources/tools/temp/work/permit/index.asp

Only C-41 and C-42 of R205(c)(ii) are applicable to SOWP applicants.

Refer C-41 of R205(c)(ii) - http://www.cic.gc.ca/english/resources/tools/temp/work/opinion/policy.asp

@fkl Please enlighten us. Why would they claim 186 instead of R205 ? How can an SOWP applicant can come into anything under R186 ?

@Netz Don't lose hope bro.

Hello, I got the response at about 3am Ontario time. as it was day time in india. I have linked my paper application with cic online so i could check the message because VFS still shows your passport is under process.

Well and refusal letter states this:

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 exception to section 203 of regulation.
As a result, your offer of employment must be subject of determination Labour Market Impact Assesment before a work permit be issued to you.
Your Employer in Canada should contact the local office of service Canada to begin this process.

 

[Sonata95]

A visitor record is the document issued when your child actually lands. It is kind of similar to study or work permit, but issued to visitors who are staying in Canada for a period longer than six months.

If your child just received a trv (which might be multiple entry and valid until 2018), but did not receive a visitor record upon actual landing, then you better apply for a study permit for him.

A simpler explanation given what you described sounds to me that you got a regular visitor trv for the child stating a visit of six months or less. It might be valid for longer but doesn't allow him to stay for longer than six months in one trip.

If you didn't get above and instead applied for a trv dependent upon parent, then the child must have received a visitor record upon landing in Canada which looks similar to a work permit and says he can stay in Canada until 2018 without having to exit after six months. It (Visitor Record) is not stamped on passport and looks quite similar to work or study permit.

If you have Visitor record, your child doesn't need SP to go to school in Canada. If you do not have that, then you better get him admission to school and get SP from inside Canada.

Hope that helps.

Thanks a lot FLK, it is very clear and helpful. I will do SP for my son inside Canada.

 

[Netz]

Well I clearly didn't understand Section 186 of the regulations and 203.
Its way too complicated.. I'm now confused what should be my next step.?
Apply for SOWP again or just apply for TRV and what are the chances.

I just realised 1 important thing, my spouse VFS tracking id is : 20160215INBOWKR57882
every 1 who has applied from VFS for spouse does it state "BOWKR" which means Bridging open worker or does it say "SOWKR" i'd be very glad if any1 can answer me.. Thank you.

 

[GreenHak]

Well I clearly didn't understand Section 186 of the regulations and 203.
Its way too complicated.. I'm now confused what should be my next step.?
Apply for SOWP again or just apply for TRV and what are the chances.

I just realised 1 important thing, my spouse VFS tracking id is : 20160215INBOWKR57882
every 1 who has applied from VFS for spouse does it state "BOWKR" which means Bridging open worker or does it say "SOWKR" i'd be very glad if any1 can answer me.. Thank you.

Hi Netz,


As a next step it is not safe to apply for TRV. As CIC is now aware that your spouse's intention to work. Moreover, the purpose of any spouse is to stay with the spouse as long as he/she is out of the country. So, visit visa is cannot serve this purpose. Some people do get visitor visa but very rate as a spouse of a worker.

So I suggest you to apply for SOWP again with a stronger and well projected application package.

BOWKR - BO stands for Bangalore(Or wherever you applied) - WKR - Worker

In my case, I applied from Chennai so it is MAWKR - Where MA is the identifier for Chennai/Madras.

I hope this helps

 

[fkl]

Hello, I got the response at about 3am Ontario time. as it was day time in india. I have linked my paper application with cic online so i could check the message because VFS still shows your passport is under process.

Well and refusal letter states this:

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 exception to section 203 of regulation.
As a result, your offer of employment must be subject of determination Labour Market Impact Assesment before a work permit be issued to you.
Your Employer in Canada should contact the local office of service Canada to begin this process.

That very clearly means they did not consider this as a Spouse dependent work permit application. Whether the checklist says so or not, you explicitly have to make it clear that it is a spouse dependent application and attach all documents I mentioned earlier.

Technically there is no harm in applying for TRV (But not a visitor trv, rather a resident TRV).

The point is pretty much the same as made by GreenHak. Your spouse intention is not a short visit. The intention is to live with you for as long as you are there.

This type is selected when some where in the application form, you specify - intended duration of stay - six months or longer.

A resident trv takes the same requirements and processing time as a Spouse dependent work permit. It requires medicals but it also allows you to stay for as long as you are in Canada. Plus it also gets the spouse health care (after waiting period of 3 months in most provinces except e.g. Alberta where it is effective from day 1) which a visitor does not have and is a big thing if you have to go to a doctor even for minor things.

So if you take the same processing time and pains there is no reason to NOT get a work permit.

Address all of things above and reapply. Attach a cover letter clearly mentioning refusal of last time and address the concerns by explaining it is spouse dependent wp. Good luck

 

[HARSH131010190]

i have verry big broblem..please help me everyone..

in my case , my wife was in canada on study permit, unfortunately due to some family problems she did not finish her study and after study permit finished she aaplied for visitor visa one time she got approved.

at this time we were in relationship.
i got married to her in december 2015.

and she got rejection for second visitor visa.and indicated that leave country immidately..she left to india..

i am working in canada on pgwp as supervisor which falls under NOC b level.

i wanna apply her sowp from india..please give me suggestion on this..what should i do??

 

[GreenHak]

i have verry big broblem..please help me everyone..

in my case , my wife was in canada on study permit, unfortunately due to some family problems she did not finish her study and after study permit finished she aaplied for visitor visa one time she got approved.

at this time we were in relationship.
i got married to her in december 2015.

and she got rejection for second visitor visa.and indicated that leave country immidately..she left to india..

i am working in canada on pgwp as supervisor which falls under NOC b level.

i wanna apply her sowp from india..please give me suggestion on this..what should i do??

Your question is already answered by fkl who is the most experienced and helpful user in this thread.

Hi Harshi,

I don't see the problem, she was asked to leave and she left in time. So all perfectly okay.

She should simply apply from India for SOWP - attaching proof of your PGWP, your NOC B job and proof of relationship.

Additionally, she should attach details of why she left and proof of when she left so CIC knows didn't overstay.

That should be good enough. Good luck

In addition to that, I gave my suggestion in an other thread.

Hi,

You should apply for GCMS notes and find out the reason behind her visitor visa refusal.

However, its may not going to give you much details as it is visitor visa refusal.

You should prove the relationship (By providing marriage certificate, wedding invitation, photos etc.,)

You should prove your NOC level (By providing necessary documents, employer reference letter mentioning your responsibilities and duties, offer letter etc.,)

You should prove you and your spouse has sufficient funds to support the stay in Canada together.

You should prove your employment status (Payslips, bank statement) and your spouse's back-home ties (properties, assets, family ties etc.,)

I hope this helps.

Good luck.

I believe both of these response are quite enough to get started with your application process. Pasting the same content again will not encourage users to respond as the same is already answered.

Please be particular in your question and make sure you check the thread before you ask the question again.

 

[faizy786]

I am on PGWP which expires on Nov 2016 my wife just received her PGWP and secured a NOC B job 1221 and we got married sep 2014 in Canada my kid is a citizen I applied for spouse wp with the help of a lawyer whats the chances we will get approval and the wait time for online application ?

 

[fkl]

I believe both of these response are quite enough to get started with your application process. Pasting the same content again will not encourage users to respond as the same is already answered.

Please be particular in your question and make sure you check the thread before you ask the question again.

Couldn't have said any better. +1

 

[fkl]

I am on PGWP which expires on Nov 2016 my wife just received her PGWP and secured a NOC B job 1221 and we got married sep 2014 in Canada my kid is a citizen I applied for spouse wp with the help of a lawyer whats the chances we will get approval and the wait time for online application ?

It is not a game of chance that we could suggest percentages with. If you meet the full requirements of SOWP - i.e. your spouse has a PGWP plus Skilled Job and provided evidence of all of this along with your proof of relationship, you should get it.

If there is a document missing or say your spouse's skilled job is not obvious. E.g. the experience / offer letter does not demonstrate job duties clearly or her wage is significantly lower than the average for that NOC in that province, these all could result in refusal, which we obviously cannot tell on a forum.

Hope knowing that helps.