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Spouse work permit rejected.

AB.Canada

Newbie
Apr 24, 2019
9
0
Hi my brotherinlaw came to canada on closed work permit last year in July. In January, he applied for his wife and kids who are in Pakistan spouse work permit and for his kids study visa. Yesterday he received a refusal letter and the reasons they gave are that they do not think that wife and kids will leave Canada because employment opportunities are not strong in Pakistan, she has strong family ties in Canada (her brother is here), and her current employment situation does not show that she has financially established herself in country of residence. We are a minority in pakistan and face continuous persecution and have no security or safety. My brotherinlaw is very worried for his wife and kids as it is not safe for a woman and kids to be alone in the home especially if people know there is no man in the house. Someone in the neighbourhood has received a letter with a threat to kill him if he does not convert to another sect of Islam. My brotherinlaw is scared and thought the spouse open work permit would be accepted but it is refused. Should he apply for refugee or what should he do?
 

scylla

VIP Member
Jun 8, 2010
95,840
22,108
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hi my brotherinlaw came to canada on closed work permit last year in July. In January, he applied for his wife and kids who are in Pakistan spouse work permit and for his kids study visa. Yesterday he received a refusal letter and the reasons they gave are that they do not think that wife and kids will leave Canada because employment opportunities are not strong in Pakistan, she has strong family ties in Canada (her brother is here), and her current employment situation does not show that she has financially established herself in country of residence. We are a minority in pakistan and face continuous persecution and have no security or safety. My brotherinlaw is very worried for his wife and kids as it is not safe for a woman and kids to be alone in the home especially if people know there is no man in the house. Someone in the neighbourhood has received a letter with a threat to kill him if he does not convert to another sect of Islam. My brotherinlaw is scared and thought the spouse open work permit would be accepted but it is refused. Should he apply for refugee or what should he do?
Applying for refugee status will not solve the problem, likely only make it much worse. Let's say your brother in law is accepted as a refugee, by the time his refugee claim is processed and approved and also the PR application, it will be 4+ years before his spouse and children can come to Canada. So he would need to be prepared to be separated from his spouse and children for 4+ years if he wants to go the refugee route.

His wife should reapply for the work permit and try to provide stronger ties to her home country.
 

Naturgrl

VIP Member
Apr 5, 2020
44,878
9,501
Hi my brotherinlaw came to canada on closed work permit last year in July. In January, he applied for his wife and kids who are in Pakistan spouse work permit and for his kids study visa. Yesterday he received a refusal letter and the reasons they gave are that they do not think that wife and kids will leave Canada because employment opportunities are not strong in Pakistan, she has strong family ties in Canada (her brother is here), and her current employment situation does not show that she has financially established herself in country of residence. We are a minority in pakistan and face continuous persecution and have no security or safety. My brotherinlaw is very worried for his wife and kids as it is not safe for a woman and kids to be alone in the home especially if people know there is no man in the house. Someone in the neighbourhood has received a letter with a threat to kill him if he does not convert to another sect of Islam. My brotherinlaw is scared and thought the spouse open work permit would be accepted but it is refused. Should he apply for refugee or what should he do?
You are the 3rd or 4th person posting about SOWP refusal with the same reasons so IRCC must be clamping down on family members coming to Canada. What type of closed work permit (high/low)? When does permit expire? How much in funds did she show to support his family since they are not financially established? Need to address reasons and show stronger ties for family to return. Order GCMS notes
 

AB.Canada

Newbie
Apr 24, 2019
9
0
how do you order gcms notes? He actually had a representative to apply for him. We have asked the representative to share application file that was submitted so we can look at the reasons closely.
You are the 3rd or 4th person posting about SOWP refusal with the same reasons so IRCC must be clamping down on family members coming to Canada. What type of closed work permit (high/low)? When does permit expire? How much in funds did she show to support his family since they are not financially established? Need to address reasons and show stronger ties for family to return. Order GCMS notes
How do you order GCMS notes. My brotherinlaw had a representative when applying. We have requested them to share with us the application file that we can find out why the rejected.
 

AB.Canada

Newbie
Apr 24, 2019
9
0
Applying for refugee status will not solve the problem, likely only make it much worse. Let's say your brother in law is accepted as a refugee, by the time his refugee claim is processed and approved and also the PR application, it will be 4+ years before his spouse and children can come to Canada. So he would need to be prepared to be separated from his spouse and children for 4+ years if he wants to go the refugee route.

His wife should reapply for the work permit and try to provide stronger ties to her home country.
They are not that strong financially and are not safe there which is why they are wanting to migrate to Canada. She has a brother and his family in her home country as well and other family members. She also has her motherinlaw in pakistan which she often takes care of but I think it wasn't shown.
 

Naturgrl

VIP Member
Apr 5, 2020
44,878
9,501
how do you order gcms notes? He actually had a representative to apply for him. We have asked the representative to share application file that was submitted so we can look at the reasons closely.

How do you order GCMS notes. My brotherinlaw had a representative when applying. We have requested them to share with us the application file that we can find out why the rejected.
You can order them from the government - Google ATIP or use a company - Google order GCMS notes.

They need to address reasons for refusal. They are not immigrating permanently to Canada through PR but coming to work so need to show ties to return. They need to show funds to support themselves in Canada and ties to return. Mother in law and brother is not a tie to return.

What program did he get a work permit through? Eg. low-wage stream of the Temporary Foreign Worker Program. When does his permit expire?
 

AB.Canada

Newbie
Apr 24, 2019
9
0
You can order them from the government - Google ATIP or use a company - Google order GCMS notes.

They need to address reasons for refusal. They are not immigrating permanently to Canada through PR but coming to work so need to show ties to return. They need to show funds to support themselves in Canada and ties to return. Mother in law and brother is not a tie to return.

What program did he get a work permit through? Eg. low-wage stream of the Temporary Foreign Worker Program. When does his permit expire?
Yes that makes sense. I believe it was high wage stream. His permit expires in a year. I don't have too many details of his file.
 

scylla

VIP Member
Jun 8, 2010
95,840
22,108
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
They are not that strong financially and are not safe there which is why they are wanting to migrate to Canada. She has a brother and his family in her home country as well and other family members. She also has her motherinlaw in pakistan which she often takes care of but I think it wasn't shown.
Can they show any property ownership?
Is she employed and if so, what did she show in the original application as evidence?
How much did she show in savings / proof of funds in the original application and can she increase this amount of savings?
Does she have previous travel to countries requiring visas such as the US or UK?

Ultimately she will want to show strong proof of ties to have a better chance of being approved when she submits the new application.

Of course there is nothing stopping your brother in law from applying for refugee status. Just keep in mind that if he does this, it will certainly be a number of years before your sister and her children can join him in Canada.
 
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canuck78

VIP Member
Jun 18, 2017
55,587
13,519
Hi my brotherinlaw came to canada on closed work permit last year in July. In January, he applied for his wife and kids who are in Pakistan spouse work permit and for his kids study visa. Yesterday he received a refusal letter and the reasons they gave are that they do not think that wife and kids will leave Canada because employment opportunities are not strong in Pakistan, she has strong family ties in Canada (her brother is here), and her current employment situation does not show that she has financially established herself in country of residence. We are a minority in pakistan and face continuous persecution and have no security or safety. My brotherinlaw is very worried for his wife and kids as it is not safe for a woman and kids to be alone in the home especially if people know there is no man in the house. Someone in the neighbourhood has received a letter with a threat to kill him if he does not convert to another sect of Islam. My brotherinlaw is scared and thought the spouse open work permit would be accepted but it is refused. Should he apply for refugee or what should he do?
How did your brother get the WP? Did he arrive on the WP or on a TRV and apply for a job on arrival? How much funds can your brother show?