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Spouse Open Work permit

fkl

VIP Member
Apr 25, 2013
3,351
219
Canada
Visa Office......
Inland / Previously Pak
NOC Code......
2173/4
kalpan said:
Hi,
I have applied my SOWP based on my work permit here in Canada. My wife doesn't work at back home. She have minimum qualifications. Would it be a issue for SOWP?
No i don't think so. Though it helps if you do submit those things in my opinion, because CIC gets to take a better look at a candidate's profile. Still mine hasn't worked for more than 5 years (because we have young kids) and we did get visa, though she worked before that and had a masters in business admin, so i submitted those details. Plus i know a few guys whose spouse barely had a bachelor's degree with zero work experience and they still got through. So you shouldn't worry.
 

fkl

VIP Member
Apr 25, 2013
3,351
219
Canada
Visa Office......
Inland / Previously Pak
NOC Code......
2173/4
Hi Maling,

As some body already mentioned, it starts with sponsoring spouse of PR, so there is really nothing different for work permit holders / applicants. Besides, if you are already on a work permit, there exist SOWP process. So why would CIC care to add a new or different program. May be improving the process is a good idea, however that is not the point of this news.


Maling said:
Hi fkl, just need your guidance on this



http://www.cicnews.com/2014/03/work-permits-spousal-sponsorship-applicants-033283.html

Thanks
 

Maling

Hero Member
Jan 11, 2013
228
2
Category........
Visa Office......
Abu Dhabi (online)
NOC Code......
N/A (SOWP)
Job Offer........
Pre-Assessed..
App. Filed.......
26-12-2013
AOR Received.
26-12-2013
Med's Request
N/A
fkl said:
Hi Maling,

As some body already mentioned, it starts with sponsoring spouse of PR, so there is really nothing different for work permit holders / applicants. Besides, if you are already on a work permit, there exist SOWP process. So why would CIC care to add a new or different program. May be improving the process is a good idea, however that is not the point of this news.
how about those that doesnt have pr applications yet? Will this affect sowp applicants of spouses who are just twp holders?
 

fkl

VIP Member
Apr 25, 2013
3,351
219
Canada
Visa Office......
Inland / Previously Pak
NOC Code......
2173/4
Maling said:
how about those that doesnt have pr applications yet? Will this affect sowp applicants of spouses who are just twp holders?
I didn't read the entire program info, rather skimmed it. But why would that be the case? I don't see a reason to think that way. For PR guys, SOWP is a way to get there family temporarily in Canada to over come the long sponsorship / PR process period.

For temp workers, this is the ONLY way to bring in their families along for work. Otherwise, they might not even accept coming to Canada (i won't have). So each is processed separately.
 

Maling

Hero Member
Jan 11, 2013
228
2
Category........
Visa Office......
Abu Dhabi (online)
NOC Code......
N/A (SOWP)
Job Offer........
Pre-Assessed..
App. Filed.......
26-12-2013
AOR Received.
26-12-2013
Med's Request
N/A
Thanks fkl for the input. :) Just trying to digest this new news that has just recently came from cic. There have been so many refusals of sowp applications in the Philippines from last 2 weeks and suddenly this have come out. So I was just trying to check if this would also affect sowp applicants of spouses who are just twp holders.
 

fkl

VIP Member
Apr 25, 2013
3,351
219
Canada
Visa Office......
Inland / Previously Pak
NOC Code......
2173/4
Maling said:
Thanks fkl for the input. :) Just trying to digest this new news that has just recently came from cic. There have been so many refusals of sowp applications in the Philippines from last 2 weeks and suddenly this have come out. So I was just trying to check if this would also affect sowp applicants of spouses who are just twp holders.
There are far too many other reasons for refusal. You know people usually don't apply together in the first place. This gives CIC the impression that living together for them was not as important than going to Canada. Besides, the real interest that Canada had in a person for giving him a temp work permit, is already met i.e. the person with LMO is already there, every thing else is just a liability.

As opposed to this, people like me, who apply together and are prepared that either the whole family goes to Canada or no one does, get a far better response, since it becomes clear to CIC right there and then having received a combined application.

Of course this is just my opinion, but i have seen closely resembling cases - with only this difference that the principal applicant applied alone first and went, then applied for family latter vs those who apply together. I have seen weird responses (very recently) from CIC.

For e.g. spouse of a Post doc guy i know who applied for SOWP and trv for kids, received response a section quoted law, "you are not eligible for SOWP". Seems like the person reading the application was sooo dumb that he didn't look at the attached work permit of husband, his job references, pay stubs etc. from Canada. They had explained as clearly as possible that it is a DEPENDENT SOWP, still it went that way. Now they have applied again and are waiting.

I have never seen this happen when the principle applicant is included.

Just my opinion.
 

Maling

Hero Member
Jan 11, 2013
228
2
Category........
Visa Office......
Abu Dhabi (online)
NOC Code......
N/A (SOWP)
Job Offer........
Pre-Assessed..
App. Filed.......
26-12-2013
AOR Received.
26-12-2013
Med's Request
N/A
fkl said:
There are far too many other reasons for refusal. You know people usually don't apply together in the first place. This gives CIC the impression that living together for them was not as important than going to Canada. Besides, the real interest that Canada had in a person for giving him a temp work permit, is already met i.e. the person with LMO is already there, every thing else is just a liability.

As opposed to this, people like me, who apply together and are prepared that either the whole family goes to Canada or no one does, get a far better response, since it becomes clear to CIC right there and then having received a combined application.

Of course this is just my opinion, but i have seen closely resembling cases - with only this difference that the principal applicant applied alone first and went, then applied for family latter vs those who apply together. I have seen weird responses (very recently) from CIC.

For e.g. spouse of a Post doc guy i know who applied for SOWP and trv for kids, received response a section quoted law, "you are not eligible for SOWP". Seems like the person reading the application was sooo dumb that he didn't look at the attached work permit of husband, his job references, pay stubs etc. from Canada. They had explained as clearly as possible that it is a DEPENDENT SOWP, still it went that way. Now they have applied again and are waiting.

I have never seen this happen when the principle applicant is included.

Just my opinion.
That makes sense fkl. However, its always a case to case basis for each applicant. And as you said, applicants and their families are not dumb to know in the first place whether they are eligible to apply or not, but yet they still receive weird responses from CIC.

What we are just afraid of is that there might be new rules again coming or perhaps an update regarding SOWP applications that's why these strange refusals are happening. Hope not and im still hoping that my application would still be approved. I had a big decision that I made before applying and that is whether to apply for closed WP (after 4 months of waiting for my positive lmo to come out) or SOWP still having the same Job offer but choosing tha later so as not to jeopardize my work and my family relationship.

Thanks pal for your insights. Very much appreciated. :)
 

fkl

VIP Member
Apr 25, 2013
3,351
219
Canada
Visa Office......
Inland / Previously Pak
NOC Code......
2173/4
Maling said:
That makes sense fkl. However, its always a case to case basis for each applicant. And as you said, applicants and their families are not dumb to know in the first place whether they are eligible to apply or not, but yet they still receive weird responses from CIC.

What we are just afraid of is that there might be new rules again coming or perhaps an update regarding SOWP applications that's why these strange refusals are happening. Hope not and im still hoping that my application would still be approved. I had a big decision that I made before applying and that is whether to apply for closed WP (after 4 months of waiting for my positive lmo to come out) or SOWP still having the same Job offer but choosing tha later so as not to jeopardize my work and my family relationship.

Thanks pal for your insights. Very much appreciated. :)
You are most welcome. Now i see partially where you are coming from. It definitely is a major call to chose between the two. I hope it turns out positively.

As a rule it doesn't make ANY sense for CIC to not accept this. That is the most i can say.

I believe you do know that if you go on a SOWP, you are required to live with your spouse for two years. Apparently that prevents 'marriage of convenience' thing, but it also takes away the chances that for e.g. if say wife is studying at a university and husband got a job some where else, he cannot actually take it, even on a temporary basis.
 

Maling

Hero Member
Jan 11, 2013
228
2
Category........
Visa Office......
Abu Dhabi (online)
NOC Code......
N/A (SOWP)
Job Offer........
Pre-Assessed..
App. Filed.......
26-12-2013
AOR Received.
26-12-2013
Med's Request
N/A
fkl said:
You are most welcome. Now i see partially where you are coming from. It definitely is a major call to chose between the two. I hope it turns out positively.

As a rule it doesn't make ANY sense for CIC to not accept this. That is the most i can say.

I believe you do know that if you go on a SOWP, you are required to live with your spouse for two years. Apparently that prevents 'marriage of convenience' thing, but it also takes away the chances that for e.g. if say wife is studying at a university and husband got a job some where else, he cannot actually take it, even on a temporary basis.
Do you mean pal that my application have a big chance of approval? Yes, it was a major decision for me specially that my lmo has been approved and that too it was a skilled lmo but i had to put it aside as I chose to apply for sowp.

Yes, I do understand that with SOWP, I would be tied with my husband's wp. I was just fortunate enough to have found an employer who understand my situation without sacrificing my career goals. I just hope CIC would look at it at the same way.
 

fkl

VIP Member
Apr 25, 2013
3,351
219
Canada
Visa Office......
Inland / Previously Pak
NOC Code......
2173/4
Maling said:
Do you mean pal that my application have a big chance of approval? Yes, it was a major decision for me specially that my lmo has been approved and that too it was a skilled lmo but i had to put it aside as I chose to apply for sowp.

Yes, I do understand that with SOWP, I would be tied with my husband's wp. I was just fortunate enough to have found an employer who understand my situation without sacrificing my career goals. I just hope CIC would look at it at the same way.
You do have a good chance - unless there is something wrong with the documents and your profile. STILL i won't say SOWP has a higher chance than being an independent LMO based applicant. Being directly the person some one requires in Canada is always of higher precedence in terms of visa approval.

However, i am not sure about whether you could improve that by attaching your job offer i.e. it certainly improves your prospects of employment even to the visa officer considering your case. But they might as well question that since you have a job offer, why not refuse your SOWP and force you to apply for LMO based work permit. Just my thoughts - no concrete information.

I believe since you have applied for SOWP, just wait and be hopeful. If you have got an LMO and hopefully get a decision before its expiry, may be a good idea is to have your docs prepared and apply for LMO based wp if God forbidden you get a refusal. That would be a good contingency plan, but i dont know if that is still valid for you.

All the best. Feel free to ask any questions you have
 

Maling

Hero Member
Jan 11, 2013
228
2
Category........
Visa Office......
Abu Dhabi (online)
NOC Code......
N/A (SOWP)
Job Offer........
Pre-Assessed..
App. Filed.......
26-12-2013
AOR Received.
26-12-2013
Med's Request
N/A
fkl said:
You do have a good chance - unless there is something wrong with the documents and your profile. STILL i won't say SOWP has a higher chance than being an independent LMO based applicant. Being directly the person some one requires in Canada is always of higher precedence in terms of visa approval.

However, i am not sure about whether you could improve that by attaching your job offer i.e. it certainly improves your prospects of employment even to the visa officer considering your case. But they might as well question that since you have a job offer, why not refuse your SOWP and force you to apply for LMO based work permit. Just my thoughts - no concrete information.

I believe since you have applied for SOWP, just wait and be hopeful. If you have got an LMO and hopefully get a decision before its expiry, may be a good idea is to have your docs prepared and apply for LMO based wp if God forbidden you get a refusal. That would be a good contingency plan, but i dont know if that is still valid for you.

All the best. Feel free to ask any questions you have

Oh I see... Well, whatever the result would be, I guess there's nothing I could do but to accept it. I have attached my job offer / contract as well as my current work certificate with details of duties and responsibilities. The position that I have applied for is as what Im also currently doing right now. Its just the one and only thing that differ from applying a closed wp is that I didnt attached my positive LMO in my application. Since I have applied online, they can ask for it anytime (hopefully they will).

Thanks a lot pal.
 

fkl

VIP Member
Apr 25, 2013
3,351
219
Canada
Visa Office......
Inland / Previously Pak
NOC Code......
2173/4
Maling said:
Oh I see... Well, whatever the result would be, I guess there's nothing I could do but to accept it. I have attached my job offer / contract as well as my current work certificate with details of duties and responsibilities. The position that I have applied for is as what Im also currently doing right now. Its just the one and only thing that differ from applying a closed wp is that I didnt attached my positive LMO in my application. Since I have applied online, they can ask for it anytime (hopefully they will).

Thanks a lot pal.
That's fine, like i said, even if visa officer could think that way, it was just my opinion, not something concrete. Attaching job offer should appear good though.

They shouldn't actually ask for LMO since you submit the type of applicant which doesn't need one. That cannot and will not internally change a SOWP application to LMO based work permit app. Did you submit any thing along giving the indication that you also got an LMO and your employer did actually get it for you?

If there was no such case, then it comes with a default scenario. You have been offered a job by some one, but probably the employer is not willing to go for LMO, so your offer is tied to you getting approval to work there on SOWP and you are in a better position than a regular SOWP candidate - because you already have a job offer. This should make a strong case as well.

You are most welcome. Unfortunately none of above is concrete information, but rather my thoughts in general merely based upon what i experienced and seen CIC going through so far. Hopefully and most likely you would straight away get a SOWP and you would be fine.
 

Maling

Hero Member
Jan 11, 2013
228
2
Category........
Visa Office......
Abu Dhabi (online)
NOC Code......
N/A (SOWP)
Job Offer........
Pre-Assessed..
App. Filed.......
26-12-2013
AOR Received.
26-12-2013
Med's Request
N/A
fkl said:
That's fine, like i said, even if visa officer could think that way, it was just my opinion, not something concrete. Attaching job offer should appear good though.

They shouldn't actually ask for LMO since you submit the type of applicant which doesn't need one. That cannot and will not internally change a SOWP application to LMO based work permit app. Did you submit any thing along giving the indication that you also got an LMO and your employer did actually get it for you?

If there was no such case, then it comes with a default scenario. You have been offered a job by some one, but probably the employer is not willing to go for LMO, so your offer is tied to you getting approval to work there on SOWP and you are in a better position than a regular SOWP candidate - because you already have a job offer. This should make a strong case as well.

You are most welcome. Unfortunately none of above is concrete information, but rather my thoughts in general merely based upon what i experienced and seen CIC going through so far. Hopefully and most likely you would straight away get a SOWP and you would be fine.

No, I did not attached my LMO in my application. Although, when filling the questionnaire for online application, I had mentioned that I have a job offer, so I am eligible to apply either closed wp or SOWP.

No worries pal, I understand all your views and really appreciate your time. As what I can do now is only to wait and pray that hopefully it will get through.

Thanks and regards
 

kalpan

Hero Member
Jan 13, 2014
498
49
Hi Maling,
Are you applied SOWP from India?Plz let me know. Also you have applied paper based on online.

Thanks,
Kalpan