Spouuse open work permit Refused.

[Yogivrun]

Hi,
I am in Calgary, Canada working in NOC B category for the past 2 months. I studied Lab technician on 2 years course. but I am Working in Civil Field. Its Permanent job. My spouse applied online for a work permit on 15 Jan, 2015 with the following documents.

i. Application form
ii. Marriage certificate
iv. Letter of explanation (Cover letter)
a. Copy of my visa
c. Copy of my Work permit
d. Copy of my Letter of Employment - In this I mentioned my Job position , annual salary, Permanent full time employee.
e. Copy of my passport.
f. Copy of my bank balance with 12000 $
g. Copy of my 15 days pay slip
v. Photo
vi. Copy of my wife's Passport

But still On 18 March, 2015 our open work permit application was refused for the following reasons.

You have not demonstrated that you meet the requirements of an open work permit under section 205(c)(ii) of the Regulations.

In my next application how do i defend these reasons? Is there any other documents i should add? As per my knowledge my application was refused cause of i did not mentioned my job duties...suggest me proper way..

 

[concorde]

Hi,
I am in Calgary, Canada working in NOC B category for the past 2 months. I studied Lab technician on 2 years course. but I am Working in Civil Field. Its Permanent job. My spouse applied online for a work permit on 15 Jan, 2015 with the following documents.

i. Application form
ii. Marriage certificate
iv. Letter of explanation (Cover letter)
a. Copy of my visa
c. Copy of my Work permit
d. Copy of my Letter of Employment - In this I mentioned my Job position , annual salary, Permanent full time employee.
e. Copy of my passport.
f. Copy of my bank balance with 12000 $
g. Copy of my 15 days pay slip
v. Photo
vi. Copy of my wife's Passport

But still On 18 March, 2015 our open work permit application was refused for the following reasons.

You have not demonstrated that you meet the requirements of an open work permit under section 205(c)(ii) of the Regulations.

In my next application how do i defend these reasons? Is there any other documents i should add? As per my knowledge my application was refused cause of i did not mentioned my job duties...suggest me proper way..

Hi

Sorry to hear that. I would like to ask you what documents did you submit on your wife's behalf apart from her passport?

Anything that quantifies her education, work exp, her funds in India?

 

[gysally]

Hi,
I'm wondering that which type of work permit you are holding(eg. open work permit or closed work permit?).
From my understanding, R205(c)(ii) is defined as: [for reasons of public policy relating to the competitiveness of Canada's academic institutions or economy, including C41 work permits for spouses of skilled workers, C42 work permits for spouses of foreign students, C43 post-graduation work permits for students, and C25 off-campus work permits for students].

I think that as long as you can prove you belong to the one of the above types of work permit, you should be ok...
Also, did you found your job title is specifically included in catalog of NOC B? Otherwise, you probably have to show your detailed job duties to CIC. And, always double check your application form, make sure every option was filled out properly.

Hope it helps! ;D

 

[fkl]

Unless you have an LMIA based work permit (in which your NOC is already justified), you need to provide evidence that your current job is NOC B.

Some thing like, the employment letter stating other details should also in detail explain your job responsibilities and say after that these meet NOC code X in category B and responsibilities should be a close match to CIC's definition of that NOC.

For any open work permit holder, they have to be holding a skilled job and show that explicitly for their spouse to get an Open work permit

 

[gysally]

Unless you have an LMIA based work permit (in which your NOC is already justified), you need to provide evidence that your current job is NOC B.

Some thing like, the employment letter stating other details should also in detail explain your job responsibilities and say after that these meet NOC code X in category B and responsibilities should be a close match to CIC's definition of that NOC.

For any open work permit holder, they have to be holding a skilled job and show that explicitly for their spouse to get an Open work permit

Hi flk,

one thing I do need your expertise.
Could you please generate a list of documentation for the person who apply SOWP inside on Canada based on the PGWP status of his/her spouse/common law? Since I saw that lot of applicants included some additional paperworks such as financial statement which was not required by cic website.
Much appreciate your advise!

 

[fkl]

Hi flk,

one thing I do need your expertise.
Could you please generate a list of documentation for the person who apply SOWP inside on Canada based on the PGWP status of his/her spouse/common law? Since I saw that lot of applicants included some additional paperworks such as financial statement which was not required by cic website.
Much appreciate your advise!

Hi gysally,

It's hard for me to suggest any thing beyond what the checklist generates. It is less of a formal requirement and more of making your case crystal clear by providing additional evidence. But it should definitely include

a) Proof of relationship
b) Proof of spouse (PGWP holder's) work permit and Skilled job (NOC 0, A or B). Should be detailed letter from employer showing details of role so that it could be clearly justified as a skilled job. Attaching proof of income helps too
c) Spouse's current status in Canada (trv whatever).

I hope you do know that you can only apply inside Canada if your spouse is already in Canada. If she is in home country then her case would be processed by the embassy of home country and processing time from there apply. If that is the case, additional documentation to support "ties to home country" would also be required.

 

[gysally]

Hi gysally,

It's hard for me to suggest any thing beyond what the checklist generates. It is less of a formal requirement and more of making your case crystal clear by providing additional evidence. But it should definitely include

a) Proof of relationship
b) Proof of spouse (PGWP holder's) work permit and Skilled job (NOC 0, A or B). Should be detailed letter from employer showing details of role so that it could be clearly justified as a skilled job. Attaching proof of income helps too
c) Spouse's current status in Canada (trv whatever).

I hope you do know that you can only apply inside Canada if your spouse is already in Canada. If she is in home country then her case would be processed by the embassy of home country and processing time from there apply. If that is the case, additional documentation to support "ties to home country" would also be required.

Much appreciate your reply flk!
Actually both of us are holding PGWP, but her PGWP is getting expired very soon, so basically she need to extend stay as same date as me.
When we look at the form IMM5710, there are few questions which are really confused. For example, under the section of DETAILS OF INTENDED WORK IN CANADA, my wife is now working for a Canadian based company in Canada, does she need to fill out her current employer's info for each question or just write N/A? and it also asks to provide the LMIA#, but she doesn't need it to get an OWP from my opinion. However, if we put NOT APPLICABLE for LMIA#, which won't allow me to validate this form online due to incorrect format (must contain numbers)... Did you experience this condition or have any idea about it?
Thanks again!

 

[fkl]

Much appreciate your reply flk!
Actually both of us are holding PGWP, but her PGWP is getting expired very soon, so basically she need to extend stay as same date as me.
When we look at the form IMM5710, there are few questions which are really confused. For example, under the section of DETAILS OF INTENDED WORK IN CANADA, my wife is now working for a Canadian based company in Canada, does she need to fill out her current employer's info for each question or just write N/A? and it also asks to provide the LMIA#, but she doesn't need it to get an OWP from my opinion. However, if we put NOT APPLICABLE for LMIA#, which won't allow me to validate this form online due to incorrect format (must contain numbers)... Did you experience this condition or have any idea about it?
Thanks again!

In most such fields we would write "Not applicable". In a few fields where date validation applied and the date was irrelevant to me, i just put the current date of the form being filled. So if it is failing LMIA number probably i would put 0000 like number. Because you clear chose work permit type as "Open" and made it clear from other points (like entering "Not applicable" for employer details in Canada, it should be okay

 

[Yogivrun]

Hi

Sorry to hear that. I would like to ask you what documents did you submit on your wife's behalf apart from her passport?

Anything that quantifies her education, work exp, her funds in India?

hi

nothing else...my wife's passport and her photo only...

 

[Yogivrun]

Hi,
I'm wondering that which type of work permit you are holding(eg. open work permit or closed work permit?).
From my understanding, R205(c)(ii) is defined as: [for reasons of public policy relating to the competitiveness of Canada's academic institutions or economy, including C41 work permits for spouses of skilled workers, C42 work permits for spouses of foreign students, C43 post-graduation work permits for students, and C25 off-campus work permits for students].

I think that as long as you can prove you belong to the one of the above types of work permit, you should be ok...
Also, did you found your job title is specifically included in catalog of NOC B? Otherwise, you probably have to show your detailed job duties to CIC. And, always double check your application form, make sure every option was filled out properly.

Hope it helps! ;D

i applied for spouse open work permit..

 

[Yogivrun]

In most such fields we would write "Not applicable". In a few fields where date validation applied and the date was irrelevant to me, i just put the current date of the form being filled. So if it is failing LMIA number probably i would put 0000 like number. Because you clear chose work permit type as "Open" and made it clear from other points (like entering "Not applicable" for employer details in Canada, it should be okay

hi flk

can you give me list of documents for spouse open work permit..??
Principle applicant<my wife>is in india.....and do you have a any format of job latter?

 

[Yogivrun]

Hi,
I am in Calgary, Canada working in NOC B category for the past 2 months. I studied Lab technician on 2 years course. but I am Working in Civil Field. Its Permanent job. My spouse applied online for a work permit on 15 Jan, 2015 with the following documents.

i. Application form
ii. Marriage certificate
iv. Letter of explanation (Cover letter)
a. Copy of my visa
c. Copy of my Work permit
d. Copy of my Letter of Employment - In this I mentioned my Job position , annual salary, Permanent full time employee.
e. Copy of my passport.
f. Copy of my bank balance with 12000 $
g. Copy of my 15 days pay slip
v. Photo
vi. Copy of my wife's Passport

But still On 18 March, 2015 our open work permit application was refused for the following reasons.

You have not demonstrated that you meet the requirements of an open work permit under section 205(c)(ii) of the Regulations.

In my next application how do i defend these reasons? Is there any other documents i should add?

My wife is working in india..so is it necessary to put her job latter n her all documents??


As per my knowledge my application was refused cause of i did not mentioned my job duties...suggest me proper way.. reply me fast..