Spouse OWP rejected - What's up with that?

[immonger]

My buddy completed his 3-year advanced diploma in Canada, after which he received a PGWP. He has a full-time job and has been working full-time since graduating.

Recently, he got married in his home country and just came back to Canada from the trip to apply for his wife's visa. He applied for an Open Work Permit for the spouse. The application included his own WP, his tax assessment and his job letter amongst other documents. However, after 6 days of applying, the application was rejected. The following notes were included in the letter:

1. You have not demonstrated that you come within the exceptions under section 186 of the IRPR 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 IRPR. 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 Employment and Social Development Canada to begin this process.
   
   
2. Evidence insufficient to support your host’s employment in a NOC 0, A or B occupation. Insufficient evidence to support relationship with your host. You are welcome to reapply if you feel that you can respond to these concerns and can demonstrate that your situation meets the requirements. All new applications must be accompanied by a new processing fee.
   

We are totally clueless over here. He has all the documentation. He is currently in Canada working a full-time job. The marriage is legit (he knew he would be asked about photos etc) but he was never asked for additional information.

Any help will be highly appreciated.

 

[scylla]

My buddy completed his 3-year advanced diploma in Canada, after which he received a PGWP. He has a full-time job and has been working full-time since graduating.

Recently, he got married in his home country and just came back to Canada from the trip to apply for his wife's visa. He applied for an Open Work Permit for the spouse. The application included his own WP, his tax assessment and his job letter amongst other documents. However, after 6 days of applying, the application was rejected. The following notes were included in the letter:

1. You have not demonstrated that you come within the exceptions under section 186 of the IRPR 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 IRPR. 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 Employment and Social Development Canada to begin this process.
   
   
2. Evidence insufficient to support your host’s employment in a NOC 0, A or B occupation. Insufficient evidence to support relationship with your host. You are welcome to reapply if you feel that you can respond to these concerns and can demonstrate that your situation meets the requirements. All new applications must be accompanied by a new processing fee.

We are totally clueless over here. He has all the documentation. He is currently in Canada working a full-time job. The marriage is legit (he knew he would be asked about photos etc) but he was never asked for additional information.

Any help will be highly appreciated.

Proof of relationship needs to be included and uploaded with the original application. IRCC will not request it later if missing. When he reapplies - he should make this adjustment. He also needs to upload three payslips from his current role to prove he is working in a skilled role. He should make sure his job letter includes details of the role he is in.

 

[immonger]

Proof of relationship needs to be included and uploaded with the original application. IRCC will not request it later if missing. When he reapplies - he should make this adjustment. He also needs to upload three payslips from his current role to prove he is working in a skilled role. He should make sure his job letter includes details of the role he is in.

Thank you for the response.

We are still not sure what this means:
"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 Employment and Social Development Canada to begin this process."

My friend is working as a Graphic Designer and also did his diploma in Graphic Design. As far as we know, this occupation is not subject to getting an LMIA so we are not sure what needs to be done for this point i.e point #1 in the rejection letter.

For now, we have 3 options:

1. Apply for the spouse's Open Work Permit again.
2. Apply for the spouse's Visitor Visa.
   
3. Apply for PR for both (they have 533 points for EE)

Applying for PR would be a time-consuming process so we were thinking about applying for the visitor visa first and then once she gets it and lands in Canada, they both can then apply for PR. Any other recommendations can also be considered. Thanks!

 

[scylla]

Thank you for the response.

We are still not sure what this means:
"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 Employment and Social Development Canada to begin this process."

My friend is working as a Graphic Designer and also did his diploma in Graphic Design. As far as we know, this occupation is not subject to getting an LMIA so we are not sure what needs to be done for this point i.e point #1 in the rejection letter.

For now, we have 3 options:

1. Apply for the spouse's Open Work Permit again.
2. Apply for the spouse's Visitor Visa.
   
3. Apply for PR for both (they have 533 points for EE)

Applying for PR would be a time-consuming process so we were thinking about applying for the visitor visa first and then once she gets it and lands in Canada, they both can then apply for PR. Any other recommendations can also be considered. Thanks!

The quote doesn't apply to your friend. He's not the one who applied for the OWP - his wife has. This comment relates to her. It's saying that because the officer isn't convinced she qualifies for an OWP she needs an LMIA to qualify for a work permit.

IMO - I would reapply for the OWP.

If they go the PR route, make sure your friend isn't counting the 50 job offer points. What he has isn't a job offer since he's on a PGWP. To get the 50 points, his employer either needs to get an approved LMIA - or he needs to switch to a closed work permit that lists an employer and needs to work on the closed work permit for a full year.

 

[immonger]

The quote doesn't apply to your friend. He's not the one who applied for the OWP - his wife has. This comment relates to her. It's saying that because the officer isn't convinced she qualifies for an OWP she needs an LMIA to qualify for a work permit.

IMO - I would reapply for the OWP.

If they go the PR route, make sure your friend isn't counting the 50 job offer points. What he has isn't a job offer since he's on a PGWP. To get the 50 points, his employer either needs to get an approved LMIA - or he needs to switch to a closed work permit that lists an employer and needs to work on the closed work permit for a full year.

Thank you. This makes a lot of sense now.

We will have my buddy's spouse apply again for the WP.

 

[immonger]

The quote doesn't apply to your friend. He's not the one who applied for the OWP - his wife has. This comment relates to her. It's saying that because the officer isn't convinced she qualifies for an OWP she needs an LMIA to qualify for a work permit.

IMO - I would reapply for the OWP.

If they go the PR route, make sure your friend isn't counting the 50 job offer points. What he has isn't a job offer since he's on a PGWP. To get the 50 points, his employer either needs to get an approved LMIA - or he needs to switch to a closed work permit that lists an employer and needs to work on the closed work permit for a full year.

Hey sorry to bother you again, but we are still a bit confused.

Bud's wife has done BBA and MBA from her home country. Bud has BBA from home country and a 3-year Advanced Diploma in Graphic Design done from George Brown College, Toronto. As soon as he graduated, he got a PGWP (valid until 2022). The WP does not have an employer attached to it so it means it's an Open Work Permit.

Now, a week ago bud's wife applied for the OWP sitting back home. She does not have a job in Canada of course. She attached her husband's documents to her application along with a marriage certificate. If we apply again, what more documents can be upload?

 

[scylla]

Hey sorry to bother you again, but we are still a bit confused.

Bud's wife has done BBA and MBA from her home country. Bud has BBA from home country and a 3-year Advanced Diploma in Graphic Design done from George Brown College, Toronto. As soon as he graduated, he got a PGWP (valid until 2022). The WP does not have an employer attached to it so it means it's an Open Work Permit.

Now, a week ago bud's wife applied for the OWP sitting back home. She does not have a job in Canada of course. She attached her husband's documents to her application along with a marriage certificate. If we apply again, what more documents can be upload?

Recommend you and/or your bud dedicate time to reading through the discussions in the foreign workers part of the forum. There are many examples there of people who have applied for OWPs based on a spouse's work permit.

 

[canuck78]

Would also recommend ordered CAIPS so you address the exact reasons for rejection. Also read checklists when applying and any instructions.

 

[immonger]

Would also recommend ordered CAIPS so you address the exact reasons for rejection. Also read checklists when applying and any instructions.

Yeap! We had missed out critical details on the application like the Employment Letter & 3 Pay stubs that are required by the applicant (the wife) applying for an OWP based on spouse on PGWP. We are going to apply again with all supporting documents.

 

[canuck78]

Yeap! We had missed out critical details on the application like the Employment Letter & 3 Pay stubs that are required by the applicant (the wife) applying for an OWP based on spouse on PGWP. We are going to apply again with all supporting documents.

Well those were evident reasons for refusal. If refused again would suggest ordering CAIPS.