Spouse PGWP refusal

[alanx0x]

Hey guys - My wife (student) applied for a PGWP and I applied for my OWP extension back in October 2022.

Today my extension was refused because "You have not provided sufficient evidence to prove that your spouse is employed in an
occupation that falls within the National Occupation Classification Skill level of 0, A or B".

My wife does have a job with NOC A, however; I didn't know that we needed to attach such documents to the application. (There was no field or place to attach such documents).

In the letter of refusal, the officer changed my temporary resident status expiry date from March 30, 2023 (this is the date in my Work Permit) to March 26, 2023.

I do have all the documents, but I don't know what to do. The letter says that I may apply for a restoration within 90 days or leave Canada.

My question is, what should I do with my job? What should my employer do? fire me? I have a PR application ongoing under RNIP program tied to my current job.

Please help.

 

[canuck78]

Hey guys - My wife (student) applied for a PGWP and I applied for my OWP extension back in October 2022.

Today my extension was refused because "You have not provided sufficient evidence to prove that your spouse is employed in an
occupation that falls within the National Occupation Classification Skill level of 0, A or B".


My wife does have a job with NOC A, however; I didn't know that we needed to attach such documents to the application. (There was no field or place to attach such documents).

In the letter of refusal, the officer changed my temporary resident status expiry date from March 30, 2023 (this is the date in my Work Permit) to March 26, 2023.

I do have all the documents, but I don't know what to do. The letter says that I may apply for a restoration within 90 days or leave Canada.

My question is, what should I do with my job? What should my employer do? fire me? I have a PR application ongoing under RNIP program tied to my current job.

Please help.

If your WP is expired then you have to stop working. I would apply for restoration of your status and apply for reconsideration for your OWP (you may have to reapply) or flagpole which is probably your best option if your wife got approved for PGWP

 

[alanx0x]

If your WP is expired then you have to stop working. I would apply for restoration of your status and apply for reconsideration for your OWP (you may have to reapply) or flagpole which is probably your best option if your wife got approved for PGWP

Thank you for the response.

My OWP expires March 30, 2023, which means it is not expired yet. However, the confusing part of this is the comment of the Officer in the refusal letter indicating March 26, 2023, as expiry date.

My wife's PGWP is still in process.

How am I supposed to stop working? Should I quit or will a license without pay work for these proposes?

 

[T0t0r0]

Thank you for the response.

My OWP expires March 30, 2023, which means it is not expired yet. However, the confusing part of this is the comment of the Officer in the refusal letter indicating March 26, 2023, as expiry date.

My wife's PGWP is still in process.

How am I supposed to stop working? Should I quit or will a license without pay work for these proposes?

Hello Alan,

Just wondering what you've done after the refusal of your PGWP. I have the same case as you are. Hoping for your reply.

Thanks.

 

[alanx0x]

Hello Alan,

Just wondering what you've done after the refusal of your PGWP. I have the same case as you are. Hoping for your reply.

Thanks.

It turns out that the date the Officer used (March 26) was a mistake. By law, they can't change the date of your OWP.

Since my OWP expiration date was March 30 and I received the refusal on March 26, I applied again from scratch on March 27 which maintained my implied status and I didn't have to stop working. I got the letter that authorized me to work until a decision was made 2 days later on March 29.

If your OWP is still valid, apply again immediately. If it's already expired, then you need to stop working and apply for a restoration of status.

 

[T0t0r0]

It turns out that the date the Officer used (March 26) was a mistake. By law, they can't change the date of your OWP.

Since my OWP expiration date was March 30 and I received the refusal on March 26, I applied again from scratch on March 27 which maintained my implied status and I didn't have to stop working. I got the letter that authorized me to work until a decision was made 2 days later on March 29.

If your OWP is still valid, apply again immediately. If it's already expired, then you need to stop working and apply for a restoration of status.

Hello. Mine was different, it already expired last July 30, was just extended until Sep 27 then last Nov1 evening, I received the update that my work permit was refused and expired on the same day.

 

[Everton]

It turns out that the date the Officer used (March 26) was a mistake. By law, they can't change the date of your OWP.

Since my OWP expiration date was March 30 and I received the refusal on March 26, I applied again from scratch on March 27 which maintained my implied status and I didn't have to stop working. I got the letter that authorized me to work until a decision was made 2 days later on March 29.

If your OWP is still valid, apply again immediately. If it's already expired, then you need to stop working and apply for a restoration of status.

Hello Alan,

I'm reading your post and realized that a friend of mine is going through the same situation. He (a student) applied for the PGWP, and his wife applied for her OWP extension. His (the student's) application was approved, but hers (the wife's) was rejected.

Wasn't there a change to the rule at the end of last year, eliminating the requirement for the student to be working in TIEER 0, A, or B? I assumed that this would no longer be necessary, and it would be sufficient for the student to be employed, regardless of the NOC.

What did you do to solve the situation? what did you mention in the second extension application? Was it approved?

Thank you very much!