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Urgent !! Spouse Open Work Permit Refused....

Billy_nj

Newbie
May 22, 2016
8
0
Hello guys,

I am going to start my PhD from Sept.2016. I have already got my study visa 2 months back. After getting my visa, my wife applied online for her Open Work Permit but it was refused.

The reason for refusal was stated as :

A) You did not submit any information on your spouse's studies in Canada (my study visa)

B) You did not submit a family information form.

In fact, we wrote information about my study in Canada in the explanation letter but did not attach the copy of my study visa because we thought they must have the record (other members should be careful). And we did not submit family information form because it was not listed in CIC generated online checklist after going through eligibility check. We waited long time for the result bet they never asked for these documents and directly gave the refusal.

Anyways, I wish to travel to Canada with my wife so, We have already arranged our accommodation in Canada and booked our air tickets for the first week of September, Now we are left with two choices :

1. Reapply for my spouse's Open Work Permit again but CIC website is showing processing time of 8 weeks. (earlier it was 4 weeks) so my wife will have to cancel her flight tickets and cause other financial losses.

2. Just apply for a visitor visa right now then apply for her Open Work Permit within Canada. Current processing time for visitor visa is 15 days.


We are confused about which option to choose. Which one would you recommend ?


If she reapply for Open Work Permit now then do they start the process all over again or is it quicker if someone reapplies ?

If apply for visitor visa then are there any chances of refusal again as she has changed her visa application type ?

Your suggestions please ??? Option 1 or 2 ??
 

rivalkiran

Full Member
Jul 28, 2016
38
1
The second option is in your favor but the possibility of getting visitor visa for your case is not very high. Choose carefully and also better to seek some help from Experts.
 
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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
Note that the visitor visa processing times are just estimates and there's no guarantee the visitor visa will be approved in time (or that it will be approved at all). I would personally reapply for the OWP and change your wife's travel. (FYI - you should never book travel until you have an approved visa in hand. You took a big risk by doing so.)

All supporting documents do have to be included with the original application - CIC won't ask for anything that's missing or cross reference with your study permit application.
 

reena.naik

Newbie
Jul 13, 2013
9
0
Hi
I am a PGWP holder and am currently working as a Quality Analyst with a pay of $13/hour which falls under NOC 2171 and skill level B from January 2015, i applied for my spouse who is in India for a Open work permit on 5th July and got a refusal on 29th July and it got refused and below are the comments of the officer:

1. You have not demonstrated that you come within the exception under 186 of the regulations 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 regulations. As a result your offer of emlployment must be the subject of determination labour market impact assessment before a work permit can be issued to you. your employer in Canada must contact the local office of Service Canada to begin this process

2. You have not demonstrated that your spouse is employed in a NOC O, A, or B position


I need urgent help to know whether I should reapply or what should I do next, please help
 

Cecilio1201

Newbie
Jun 21, 2016
2
0
Hi;

My wife is on a Student Visa that was approved in June 16, 2016. She applied an SPOW for me in order to support her while studying or when the classes starts (her classes currently had started already). The application was also filed in June 2016, a week after she got her Student Visa confirmation or approval.

On September 9, she received on her email that my application she file for the SPOW was refused. On the grounds :

"You have not demonstrated that you come within the exceptions under section 186 of the regulations
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 regulations. As a result, your offer of employment must be the
subject of determination labour market impact assessment before a work permit can be issued to you.
Your employer in Canada should contact the local office of Service Canada to begin this process."


Kindly please help me understand why they refused my application based on this ruling. As far as I understand, an individual on Student Visa can readily apply an SPOW for the their spouse or common law partners. How come I was rejected/refused?

Any possible explanation or basic knowledge you can possible share to shed some light regarding my situation. My wife needs my support.
Favorable assistance shown regarding this is highly and deeply appreciated.

Thank you,

Cecilio
 

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
Cecilio1201 said:
Hi;

My wife is on a Student Visa that was approved in June 16, 2016. She applied an SPOW for me in order to support her while studying or when the classes starts (her classes currently had started already). The application was also filed in June 2016, a week after she got her Student Visa confirmation or approval.

On September 9, she received on her email that my application she file for the SPOW was refused. On the grounds :

"You have not demonstrated that you come within the exceptions under section 186 of the regulations
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 regulations. As a result, your offer of employment must be the
subject of determination labour market impact assessment before a work permit can be issued to you.
Your employer in Canada should contact the local office of Service Canada to begin this process."


Kindly please help me understand why they refused my application based on this ruling. As far as I understand, an individual on Student Visa can readily apply an SPOW for the their spouse or common law partners. How come I was rejected/refused?

Any possible explanation or basic knowledge you can possible share to shed some light regarding my situation. My wife needs my support.
Favorable assistance shown regarding this is highly and deeply appreciated.

Thank you,

Cecilio
What evidence did you include with the SOWP application to show that your wife is a study permit holder?
 

Monzur

Star Member
Sep 17, 2016
138
16
Dear friends,

My spouse is also started PhD in Canada from sept 2016. I am planning to apply for OWP from Canada after getting the TRV. I would highly appreciate if you guys can provide some information on below questions:

1. Temporary resident visa (TRV) related:
a) Do I need to buy air ticket (including return ticket) at the time of applying for TRV?
b) While boarding in the plane do airline /immigration want to see return air ticket? I read some forum mentioning about that but I want to make sure.
c) At Port of entry (POE) in Canada do they want to see return ticket?

2. Open work permit (OWP) related:
a) My spouse is doing PhD in Canada. I am residing in different country. Can I apply for OWP from outside Canada? How?
b) I am also planning to apply for Express entry. Should I apply it before submitting PR application or after? Why?

Thanks in advance!
 

nadiakhalid2

Star Member
Feb 18, 2016
79
0
Monzur said:
Dear friends,

My spouse is also started PhD in Canada from sept 2016. I am planning to apply for OWP from Canada after getting the TRV. I would highly appreciate if you guys can provide some information on below questions:

1. Temporary resident visa (TRV) related:
a) Do I need to buy air ticket (including return ticket) at the time of applying for TRV?
b) While boarding in the plane do airline /immigration want to see return air ticket? I read some forum mentioning about that but I want to make sure.
c) At Port of entry (POE) in Canada do they want to see return ticket?

2. Open work permit (OWP) related:
a) My spouse is doing PhD in Canada. I am residing in different country. Can I apply for OWP from outside Canada? How?
b) I am also planning to apply for Express entry. Should I apply it before submitting PR application or after? Why?

Thanks in advance!
Hello
If you dont mind, can you tell me from which country did your wife apply for PhD? Actually I am planning to apply for PhD and want to take my husband on OWP with me so my situation is very similar to you. I need some guidance regarding admission in universities. I would really appreciate if you or your wife can guide me

Thanks in advance
 

Monzur

Star Member
Sep 17, 2016
138
16
@nadiakhalid2: From Bangladesh. Let me know if you have answers of any of those questions I asked. Thanks.
 

Anindo

Full Member
Feb 26, 2017
31
1
Hello everyone,
My SOWP has been refused.
1- Personal assets and financial status
2- Other Reasons: Based on the information provided, I am not satisfied that you meet the requirements of R205(c)(ii).

For number 1- I didn't submit any financial papers due to my stupidity. Now I am going to show my assets over 250k CAD. I also prepared a 14K CAD for my yearly expenses as fixed deposit in my home country.

For number Two, I'm confused about it. According to CIC description I'm eligible for it as my wife is a full time student.

Any advice would be appreciated as I'm GOING to reapply within next week.

Am I in the right path?
 

excitedme

Hero Member
Apr 15, 2015
504
107
Category........
CEC
App. Filed.......
02-02-2018
Hello everyone,
My SOWP has been refused.
1- Personal assets and financial status
2- Other Reasons: Based on the information provided, I am not satisfied that you meet the requirements of R205(c)(ii).

For number 1- I didn't submit any financial papers due to my stupidity. Now I am going to show my assets over 250k CAD. I also prepared a 14K CAD for my yearly expenses as fixed deposit in my home country.

For number Two, I'm confused about it. According to CIC description I'm eligible for it as my wife is a full time student.

Any advice would be appreciated as I'm GOING to reapply within next week.

Am I in the right path?
did you add a copy of your wife's study permit?
 

Anindo

Full Member
Feb 26, 2017
31
1
No I didn't, I have the mail from CIC that they issue with study permit, copy of her passport and visa.

But this time I will include it.

But this if this time I include all the papers and with explanation is there any that they can refuse me again?

Should I do up front the medical ?
 
Last edited:

Debby25

Hero Member
Apr 12, 2017
263
93
Hello guys,

I am going to start my PhD from Sept.2016. I have already got my study visa 2 months back. After getting my visa, my wife applied online for her Open Work Permit but it was refused.

The reason for refusal was stated as :

A) You did not submit any information on your spouse's studies in Canada (my study visa)

B) You did not submit a family information form.

In fact, we wrote information about my study in Canada in the explanation letter but did not attach the copy of my study visa because we thought they must have the record (other members should be careful). And we did not submit family information form because it was not listed in CIC generated online checklist after going through eligibility check. We waited long time for the result bet they never asked for these documents and directly gave the refusal.

Anyways, I wish to travel to Canada with my wife so, We have already arranged our accommodation in Canada and booked our air tickets for the first week of September, Now we are left with two choices :

1. Reapply for my spouse's Open Work Permit again but CIC website is showing processing time of 8 weeks. (earlier it was 4 weeks) so my wife will have to cancel her flight tickets and cause other financial losses.

2. Just apply for a visitor visa right now then apply for her Open Work Permit within Canada. Current processing time for visitor visa is 15 days.

We are confused about which option to choose. Which one would you recommend ?


If she reapply for Open Work Permit now then do they start the process all over again or is it quicker if someone reapplies ?

If apply for visitor visa then are there any chances of refusal again as she has changed her visa application type ?

Your suggestions please ??? Option 1 or 2 ??
Hi! Sorry but there isn't the possibility for her to apply for the OWP directly at the Port Of Entry?
 

futurestudent

Star Member
Sep 7, 2016
140
22
Hi;

My wife is on a Student Visa that was approved in June 16, 2016. She applied an SPOW for me in order to support her while studying or when the classes starts (her classes currently had started already). The application was also filed in June 2016, a week after she got her Student Visa confirmation or approval.

On September 9, she received on her email that my application she file for the SPOW was refused. On the grounds :

"You have not demonstrated that you come within the exceptions under section 186 of the regulations
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 regulations. As a result, your offer of employment must be the
subject of determination labour market impact assessment before a work permit can be issued to you.
Your employer in Canada should contact the local office of Service Canada to begin this process."


Kindly please help me understand why they refused my application based on this ruling. As far as I understand, an individual on Student Visa can readily apply an SPOW for the their spouse or common law partners. How come I was rejected/refused?

Any possible explanation or basic knowledge you can possible share to shed some light regarding my situation. My wife needs my support.
Favorable assistance shown regarding this is highly and deeply appreciated.

Thank you,

Cecilio
A friend of mine went for his Phd in May at univ of windsor. His wife's and son's visa was refused. He then applied for CAIPS to know the exact reason. They got it in the 2nd attempt and landed in canada last week. Be positive. Try to get the exact reason for rejection, then prepare a good letter of explaination for each rejection point. You should definitely apply for CAIPS. It just takes $15 to apply and 30 days to receive but it is worth the money and time invested. My study permit was refused twice and have currently applied for CAIPS.