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Spouse Open Work permit

yadav

Hero Member
Jun 6, 2016
497
52
OWP2015Dec,

Lawyer said this "I disagree with the refusal. The refusal letter does not make any sense. It states, “Evidence of spouses enrolment in an educational institution.” The attached was provided. Obviously, this is an error on the officer’s part"

Wen the documents were provided my wife had shown funds already but lets see what will happen. For gcms notes im not very open to it yet as it will take time and lawyer has already said as long as wife has even 6 months of valid visa we can try. And if we count Aug - march her visa is valid 8 months. But if we wait 2 months alone for gcms then when will we apply. Plus mp's office said if we wish to file reconsideration we shld do it as soon as we can. According to them also reconsideration seeing the limited validity of visa is the best option. While she is showing great concern only in finding specific reasons which just might be equivalent to gcms notes itself. She just wants to try and get us to the closest of reasons for us to understand and provide better to fix this. I have already sent her some of the documents specific to the refusal points so she herself can see we have provided the right documentation and therefore refusal is unacceptable.

I'm sitll talking to my father abt valuation as soon as that would be done i would get a similar affidavit like they gave me for student visa. but this time with support in any situation or otherwise.

if they will accept family funds including all liquid and immovable assets then we can easily show more than 5000CAD. I have already made it 3000 cad and still trying for more alone in mine. my employer will issue me all the payslips tomorow with letter of approval to leave and join them back. Could you share a more well worded template for the employer letter.?

Well lets try with all this new paper evidences hope we can win this. But can u tell me does cic charge 100$ fee for reconsideration ? or its simply lawyer only asking that in the name of govt fees.
 

Angel_girl

Member
Jul 28, 2016
12
0
Hi pls tell me one thing
I have Canadian Pr n my husband is in India now but before marriage he was in Australia n he was illegal there.so pls tell me if I applied his pr in canada then is he able to come.or Canadian immigration want his Australian pcc.

N if anyone was live illegal in Australia thn is he able to get Australia pcc?
 

Victor paul

Star Member
Feb 1, 2016
168
5
124
Bangalore
Category........
Visa Office......
Bangalore
Job Offer........
Pre-Assessed..
App. Filed.......
17/06/2016
VISA ISSUED...
16/08/2016
LANDED..........
13/09/2016
Which country citizen is he? Is he having indian passport?
 

yadav

Hero Member
Jun 6, 2016
497
52
ashpur88 and OWP2015Dec,

i did ask all the things from lawyer and she has said that we cannot add a whole bunch of documents wen we file a reconsideration. We can only add a few to support the points. SHes asked me to show 5000 cad, wifes college letter stating tuition fee paid in full with no dues, letter from employer stating since when im working and my salary, letter from wifes employer and her paystub.

additionally im still giving her a valuation summary of immovable assets which was done last year in Dec though she said no need now, as it shld have been given b4 but we always asked her n she never suggested.

Im also providing her my pay slips which she is suppose to have submitted bu just incase she didnt ill give now again.

Thats all she wants
 

Rachel greene

Newbie
Aug 5, 2016
4
0
Hi,

I have been a silent follower of this forum.

You guys have been a doing a great job helping others. Please help me figuring ouy this one too

My husband is coming from India on a SOWP to Windsor, Ontario. His port of entry is Toronto, ON.
I have a couple of questions.

1.) What kind of questions do they ask in the port of entry?
2.) Apart from the passport and the approval letter, what are the other documents he needs to get?
3.) what documents do I have to send him from my side?

Thank you in advance
 

fkl

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

I have been a silent follower of this forum.

You guys have been a doing a great job helping others. Please help me figuring ouy this one too

My husband is coming from India on a SOWP to Windsor, Ontario. His port of entry is Toronto, ON.
I have a couple of questions.

1.) What kind of questions do they ask in the port of entry?
2.) Apart from the passport and the approval letter, what are the other documents he needs to get?
3.) what documents do I have to send him from my side?

Thank you in advance
1. What is your business in Canada? How long do you intend to stay (he should be clear it is a temp work permit). He would leave at the end of this work permit unless he gets some otherwise extension. What profession does he intend to work in Canada? Is he carrying more than 10K CAD or any stuff that is not allowed? Have been convicted before? Denied entry any where? Where would he stay? Address and phone number.
2. Proof of relationship being spouse, may be carry proof of his qualification / experience if any was submitted. Proof of funds availability.

3. Some recent document of your current status e.g. if you are student, a recent report card / some thing that shows the principal spouse is currently pursuing his / her program satisficatorily

UPDATE: Ask him to very thoroughly check his work permit THERE AND THEN. It should state type as open and employer - unspecified ... free to work any where in Canada. There are plenty of cases where CBSA officers incorrectly specify location of work as a city, specific province etc. Province might be okay, since you are likely to stay with your spouse. But technically speaking an open work permit holder should be allowed to work any where in Canada and this is what his work permit should say precisely.
 

Rachel greene

Newbie
Aug 5, 2016
4
0
Thank you FKL..

I am a research engineer working in Windsor area. So would they ask him where is he gonna work because it is an open work permit, he would only search for jobs after he enters Canada. For proof of funds, can he show copies of my pay stubs?
 

Rachel greene

Newbie
Aug 5, 2016
4
0
Also, I have changed my address now. At the time of application I was staying at a different house. Do I have to provide address proof ?
 

yadav

Hero Member
Jun 6, 2016
497
52
OWP2015Dec,

I finally got valuable information from MP's office and i have pasted it under and also forwaded the same to my lawyer.


"I asked the representative to look through the documents that were sent in online with your application and he was unable to find anything to support Hazel's enrollment in school. I read the letter from Georgian College out loud to him but he confirmed that it was not included in your application (he did not see the same letter). He also indicated that there were a few financial documents but when I explained the situation with Hazel's sponsor, the representative said that the situation was not clear in your application. You have written a letter of explanation that the funds for Hazel's schooling are coming from an outside source and give the name associated with the sponsor. I am unsure what documents you included to show that her sponsor was supporting her but you would have needed to thoroughly explain that situation as well."



"I know that both of you and the lawyer confirm that the educational documents were, in fact, included in your application. I was told that there is no basis for reconsideration unless the missing information was actually included in your application, which you believe it was. It is possible that they made a mistake but when I had the representative look up your documents, he could not find them. In that case, with the support of your lawyer, you will need to contact CIC and ask that they reconsider, as the documents WERE provided. It is best if you have the lawyer assist with this appeal as CIC is claiming there were no documents included that supported proof of Hazel's schooling. This way, they may pull up your case and review it for those documents. I was told that you submitted your applicatio"n online so I would make sure to see if there is anyway you can verify that all documents were properly attached to the application on your end.



"If the schooling documents are found by CIC, they may still have an issue with the fact that Hazel's financial status was not fully explained. I would try to address that in the same contact with CIC to see if you can be reconsidered on the basis that you did supply them with the necessary documents. I will warn you that even if the schooling documents were found, they may still reject your application due to lack of financial evidence that you are both able to support yourselves independently. If that is the case, the only option is to resubmit with a thorough explanation of Hazel's financial situation, with clear reference to her sponsor."



"I apologize that there is not more positive information I can give to you. I was hoping that the CIC representative would find the documents for Hazel's education when I called but he only further confirmed that they were missing. I would again, encourage you to contact CIC with your lawyer to see if they will reconsider looking through your application documents yet again. I hope that a mistake was not made electronically in attaching all of your documents as they will not reconsider if it was an error of that sort."



"I hope that you are able to have the file looked at again by CIC for any errors on their part. I wish you the best of luck with the process and encourage you to use your lawyer as support for this reconsideration attempt."
 

fkl

VIP Member
Apr 25, 2013
3,351
219
Canada
Visa Office......
Inland / Previously Pak
NOC Code......
2173/4
yadav said:
ashpur88 and OWP2015Dec

I have the full letter it says:

X You have not satisfied me that you would leave Canada by the end of ur authorized stay. reason for this:
X Personal assets and financial status.

Other reasons is another point mentioned on the other page:
X Evidence of spouses enrollment in an educational institution
Proof of funds


thanks dear, all her documents from college including LOA, study visa, work permit for co-op were attached already with my application. so its seems a clear cut case of error. I have also been writing to MP and they are very concerned they have decided to call cic to get more specific reasoning for the refusal and report them about this error they made. I'm glad Mp's office is really supportive.

I have already asked my wife to get some documents from her college
1. Tuition fee receipt with no pending dues
2. Her 1st semester transcript
3. Letter of good standing
4. Dean's letter given to my wife for performing very well ( she scored 90%)



Also my wife has a part time job in a nursing home i have asked her to take appointment letter from them while she got to join late she got a pay stub for last month for working 26 hours. I hope having a job gives cic some security that she can manage her expenses.


While i will get the property valuation done today which includes 3 properties on my parents name and 1 on my grandfathers name.
Though wen i visited UK as a student my parents and grandfather savings account along with all the fixed deposits belonging to the family were shown along with their letter of support. Do you recommend adding the same details this new affidavit? I got the CA to attest the valuation of immovable and movable assets during my wifes visa application. can i do the same? Will it be helpful if funds r visible in my family's account as i dnt have more than 2000 cad as off now in my account while my grandfather holds fixed deposits and my dad has insurance policies as well for investments. will all this help in securing their concern of assets and financial status?

I have also asked my employer to give me pay slips for last 6 months along with a letter stating that either i continue working for them even if im in canada or they are aware i plan to go and they r happy to have me back wenever i come India? I do not have track of all my documents of education but i did let my wife take my MBA degree and my transcripts from UK university. Can putting that alone be of help?

I have a template for the cover letter, i have also requested the lawyer to email delhi cic direct for reconsideration? she said she will try but overall she wants me to show 5000CAD which as i mentioned i dont have at this point of time but im trying to arrange n make it atleast 4000 CAD.

But if ever lawyer produces the old banking documents, do u think they will consider that only? if yes then we had provided enough already to qualify for an approval.

Plz comment fkl and other knowledgeable members on this.

thanks
Yadav, i briefly followed the basics you mentioned.

In summary if your primary goal is to get SOWP asap, just drop the disputing and reconsideration.

Whatever proof you are attaching do that, but submit a new application. Its only 150 CAD again (hoping that is not a big deal for you in the grand scheme of things)

I have experienced much weird refusals / mistakes on CICs part and have seen very prestigious lawyers from inside Canada although clearly saying "CIC is wrong here, but no formal appeal process exists. So it is more time and energy consuming to question their decision and with no certainty of positive outcome. The visa offices has rights to ask for / act upon requirements even if they are not laid down in the first place. So its always better and faster to just reapply, properly addressing the issue".

The above quote i am citing from Earnest and Young's lawyer for my own employer when i faced this situation.

To give you an idea, i was already in Canada working an LMIA based job and had already gotten a work permit renewed. My kids were with me, had study permits for 2 years (already studying here) and their OPEN study permit renewal application was refused with visa officer citing they need "proof of admission to school" which is legally ridiculous. The first time we came here, they got SP first and got admission based upon that being my dependents. But following lawyer's advice we simply submitted new application with letters from kids school that they were enrolled for the current year and got SPs much faster.
 

fkl

VIP Member
Apr 25, 2013
3,351
219
Canada
Visa Office......
Inland / Previously Pak
NOC Code......
2173/4
Rachel greene said:
Thank you FKL..

I am a research engineer working in Windsor area. So would they ask him where is he gonna work because it is an open work permit, he would only search for jobs after he enters Canada. For proof of funds, can he show copies of my pay stubs?
You are welcome. Oh sorry i thought you were on Study permit. If you are on a skilled job (and assuming you applied with the same), yes your pay stub is good enough.

They won't really ask where you are going to work. But he should have it listed as open (not tied to a city or province so latter he has restrictions).

Do know that he has to fill disembarkment card 15 minutes before landing in which he would state most of these things 1) address / contact info of where you are going 2) how long is your stay 3) what are you bringing along.
 

yadav

Hero Member
Jun 6, 2016
497
52
fkl,

Thank for ur input. Our lawyer and mp's office is recommending reconsideration only. The reason si my wife has limited left on her study permit. LAst night mp's office got us an inside detail and we were told educational documents were not on their recrods. so we r giving the additional docs from wifes college n sponsor docs along with letter from my employer stating my salary n other things. Hoping these r helpful as lawyer dnt want to add a lot of information. But will discuss will lawyer if re application will help in the limited time left.
 

OWP2015Dec

Star Member
Jul 13, 2016
101
3
yadav said:
fkl,

Thank for ur input. Our lawyer and mp's office is recommending reconsideration only. The reason si my wife has limited left on her study permit. LAst night mp's office got us an inside detail and we were told educational documents were not on their recrods. so we r giving the additional docs from wifes college n sponsor docs along with letter from my employer stating my salary n other things. Hoping these r helpful as lawyer dnt want to add a lot of information. But will discuss will lawyer if re application will help in the limited time left.
Hi Yadav,

I wish you good luck with your application for reconsideration or new application - whichever you decide to go with in the end.

An option to consider may be to let your lawyer apply for reconsideration while you apply on your own via paper application and include all necessary documents. I have fully read the MP communication that you have posted on here. For what it's worth, I agree with fkl's advice.

You will need to ask your lawyer what the $100 fee is for. As regards the letter from your employer, you ought to speak to your HR for the wording. At a high level, the letter will state that they understand you wish to reunite with your wife and that they have considered your circumstances and in recognition of your services to date, they would be willing to keep your position open until xx month yy year should you wish to return to the employment.

Good luck and best wishes.
 

Neha Yadav

Newbie
Aug 4, 2016
5
0
Hello everyone..my husbsnd is on study visa in canada..he has applied for my work permit through a lawyer by online applicationme.our visa got rejected in may reason: financial .we had already shown 10,000 Cad in my husbands account n 4.5lac in my account. We have reapplied again giving readons with showing around 19000 cad in my husbands account n 4.5 lac in my account with an acknowledgment by my father in law that he has already transferred enough amount in my husband account (making it from 10k Xad to 19k Cad)and will take care of me n my 9 months old daughter if its required aling with my employer' letter of recommendation . 9 weeks are already over n our lawyer has suggested us to wait..it is very difficult situation. Please advise m so worries