Spouse Open Work permit

[kalpan]

Hi ZHider,
R u from which country?

 

[Boso]

Hey Guys..

Is there anyone whose spouse (wife) is in Canada on a Study permit and has applied for SOWP from India recently/ last 1 year..


Thanks!
Dheeraj

 

[astasi]

Hello,

I applied online for SOWP & Open Study Permit on March 21st and today I received a notification in MyCIC account that the OWP application has been refused and the reason for refusal was:

"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 the Department of Human Resources and Skills Development
Canada to begin this process."

The spouses of skilled workers are LMO exempted and I had clearly mentioned that we are applying for an open work permit under spousal category of skilled foreign worker.

The open study permit application of my child is still open and has yet not been refused or processed.

My work permit is expiring on October 15th not leaving me with much time in hand.

What are my options besides reapplying?

Thanks in advance.

 

[fkl]

Hello,

I applied online for SOWP & Open Study Permit on March 21st and today I received a notification in MyCIC account that the OWP application has been refused and the reason for refusal was:

"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 the Department of Human Resources and Skills Development
Canada to begin this process."

The spouses of skilled workers are LMO exempted and I had clearly mentioned that we are applying for an open work permit under spousal category of skilled foreign worker.

The open study permit application of my child is still open and has yet not been refused or processed.

My work permit is expiring on October 15th not leaving me with much time in hand.

What are my options besides reapplying?

Thanks in advance.

I know of at least one other recent case of exactly similar situation. A person who came to Canada on work permit and only applied for his SOWP and trv for child a few months latter received similar response. They also attached a copy of wp and stated it as clearly as possible that this is a SOWP and trv on behalf of a principal applicant. Some how either CIC seems to be ridiculing their own procedures or they are just trying to get fee multiple times since the principal applicants needed are already there.

They have reapplied and as far as i know are still waiting to hear back.

It is extremely ridiculous, but i don't know you have any other option except reapplying. I don't know if any way exists to challenge this. At the most you could order GCMS notes which would highlight the cause of refusal to some extent - although i dont really know what could be there with the above reasons highlighted for refusal, specially given the fact that you are already close to wp expiry. Next time they might raise objection of less than six months left in wp.

Probably you should apply for wp extension and apply for SOWP and TRV together.

Although i had never anticipated CIC could do this, but some how i was never comfortable with the idea of applying alone first - so i did apply for all family together. Either we all get to go or no one goes. Seeing the way they have started behaving, i only feel it was the most appropriate decision to make even if my family actually didn't come along and would instead join a few months latter.

 

[jeetjariwala]

Here is the timeline;

Online Application sent: 03.03.2014

Medical Received: 25.03.2014

Medical status chaged to passed: 02.04.2014

Passport request: When to expect it ?

 

[fkl]

Here is the timeline;

Online Application sent: 03.03.2014

Medical Received: 25.03.2014

Medical status chaged to passed: 02.04.2014

Passport request: When to expect it ?

That's seems pretty fast. Just be patient. I believe it shouldn't go beyond 15 days max. It could actually come sooner viewing the rest of your progress.

Just take it easy. I am telling you - that is lightning fast compared to average - any where in the world.

 

[zhaider]

Hi ZHider,
R u from which country?

I am in Canada. My wife applied from Pakistan for OWP.

 

[zhaider]

Here is the timeline;

Online Application sent: 03.03.2014

Medical Received: 25.03.2014

Medical status chaged to passed: 02.04.2014

Passport request: When to expect it ?

This is pretty fast. It will take not more than 15 days hopefully.

 

[alijumani]

Here is the timeline;

Online Application sent: 03.03.2014

Medical Received: 25.03.2014

Medical status chaged to passed: 02.04.2014

Passport request: When to expect it ?

Thats quick, I applied for my wife OWP on February 22, 2014 online and yet to receive a medical request.

 

[willow13]

Hello,

I hope that somebody will be able to help me out.

My common law partner currently has a wok permit. He is planning to study in Canada in his spare time and will be getting Study permit in CIC. My brother-in-law was able to do so and got his study permit which expires at the same time as his Work visa and permit.
My partner wants me and our 1 year old son to go to Canada. He said that we can apply for a Spouse Open Work Permit for me and visitor's visa for our son. My questions are:

1. Can he really apply for a study permit inside Canada? If so, can he apply for an SOWP for me and Visitor's visa for our son at the same time that he will apply his study permit?
2. Or should I apply the SOWP here in the Philippines and the visitor's permit?
3. What are the documents that we need in order to make sure that we get our visas and permits approved aside from the mandatory documentation?
I made a short list:

a. My partner's study permit
b. Bank account statement (How much money should we have?)
c. My sisters are also in Canada and one of them is a PR. We will be staying in her house and she will help us with the expenses. Should we have her write a letter of explanation?
d. How do we go about with my son's visitor's permit? What would be the pertinent documents that we should in order to make sure that he can go with us. I really do not want to leave him here.
c. Documents to establish our Common-Law relationship

Thank you so much.

 

[sunny.bc]

Hi Iam on post graduate work permit valid till april 2016, i recently got married in february and applied for my spouse open work permit through paper based at VFS GLOBAL on march 4th 2014 with upfront medicals and my job falls under NOC "O"

Assets for my wife nothing
presently working in india
bank balance 10lakhs
my parents sponsor letter and assets
$9600 in my RBC account

what are the chances of getting the SOWP. when can i here from the CANADA high commission newdelhi.
Thanks

 

[itsjap89]

Hi,,

Currently I am an international student at Canadian university. I applied TRV for my spouse two weeks back and it got refused:

reason:;

-- travel history
-- current status of employment
-- country ties
-- insufficient fund (balance shown around $14k)

I am very confused. Dont know what should I do?

please help me.

 

[kalpan]

Hi
Please apply SOWP + TRV..

 

[fkl]

Hi Iam on post graduate work permit valid till april 2016, i recently got married in february and applied for my spouse open work permit through paper based at VFS GLOBAL on march 4th 2014 with upfront medicals and my job falls under NOC "O"

Assets for my wife nothing
presently working in india
bank balance 10lakhs
my parents sponsor letter and assets
$9600 in my RBC account

what are the chances of getting the SOWP. when can i here from the CANADA high commission newdelhi.
Thanks

What NOC do you fall in? Is your current job in any of NOC 0, A or B? Did you attach details of your current employment? These things weight more than others. Response times vary even with in the embassy on a case to case basis. But 3 months over is a good figure for most of the cases for people with well educated / work profiles.

 

[fkl]

Hi,

Certain things are not very clear from your description.

Does your partner have a work permit in NOC 0, A or B already? if that's the case you are already eligible to apply for SOWP and trv. Why would you wait for him to get study permit and THEN APPLY on its basis?

1) He can apply for his study permit from inside Canada if he is already there on a work permit (being on visit visa does not give him that liberty). Official wording of CIC is, you can apply for a permit from inside Canada if you have been admitted to Canada for at least a year. Since visit visas are generally for six months in one entry, they do not qualify.

2) However, he cannot apply for either of you from inside canada. You have to apply from your home country i.e. philippines.

3) This gets complicated. You need his study permit (i assume his NOC is not 0,A or B hence he thinks he needs study permit to apply for you guys) plus some thing that shows his recent status - i mean that he is actually there studying etc. In case of a job, most recent pay stubs with bank statement would help. For funds, if you are on study permit you need about 12k for principal applicant (which he might have shown already), then 6k per person in the family roughly. so it should be 12k for you and your son.

Establishing common law relationship might get a bit difficult in your situation since CIC says you must have been living together for 2 years or so. You should read that in detail since my memory is a bit hazy about this and i didn't pay too much attention to that part. Additionally i know of people who have submitted things like

a) bank account in shared names
b) documents showing same address for both partners - bank statement showing address, health cards, licenses etc.
c) property if any in shared name
d) Bills showing common address - some body even showed car in joint name OR car papers showing same address
e) Any kind of shared insurance, health or other policy etc.

There is a separate section on cic website for children from common law relationship. I believe adding his docs would actually help strengthen your case. So you should really apply along with him if you want to be accepted to Canada any way.

Also your immediate family / dependents - already need to be put in application along and undergo medicals EVEN IF THEY ARE NOT GOING TO CANADA along with you.

Hope that helps.

Hello,

I hope that somebody will be able to help me out.

My common law partner currently has a wok permit. He is planning to study in Canada in his spare time and will be getting Study permit in CIC. My brother-in-law was able to do so and got his study permit which expires at the same time as his Work visa and permit.
My partner wants me and our 1 year old son to go to Canada. He said that we can apply for a Spouse Open Work Permit for me and visitor's visa for our son. My questions are:

1. Can he really apply for a study permit inside Canada? If so, can he apply for an SOWP for me and Visitor's visa for our son at the same time that he will apply his study permit?
2. Or should I apply the SOWP here in the Philippines and the visitor's permit?
3. What are the documents that we need in order to make sure that we get our visas and permits approved aside from the mandatory documentation?
I made a short list:

a. My partner's study permit
b. Bank account statement (How much money should we have?)
c. My sisters are also in Canada and one of them is a PR. We will be staying in her house and she will help us with the expenses. Should we have her write a letter of explanation?
d. How do we go about with my son's visitor's permit? What would be the pertinent documents that we should in order to make sure that he can go with us. I really do not want to leave him here.
c. Documents to establish our Common-Law relationship

Thank you so much.