visa for spouse of international student

[leena12]

hi,
I am on a student visa. I applied for my husband's open work permit from India but it got rejected the rejection letter says
'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 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 Human Resources and Skills Development
Canada to begin this process'
Can anyone explain me about these sections and what documents should we provide to remove this objection?
Thanks.

 

[gkb8062]

hi,
I am on a student visa. I applied for my husband's open work permit from India but it got rejected the rejection letter says
'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 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 Human Resources and Skills Development
Canada to begin this process'
Can anyone explain me about these sections and what documents should we provide to remove this objection?
Thanks.

kindly contact with ICCRC Licensed Lawyer near by you or you can find here http://secure.iccrc-crcic.ca/search-new/EN take his services, it will be better, no one here can comment on this without knowing any previous documents you have attached... only Qualified Immigration Lawyer duly approved by ICCRC can advice and represent your further case in federal court... don't mess up here and there and waste your time.. pay his fee and minimize the headache..

as far as your wording is revealing that for applying your husband work visa, you must need a LMO Approval from HRSDC and i think you skip this step and there are also some technical part but as i said with partial info from your side, no can comment on this...

tc..

 

[Regina]

leena12, it seems that you are working illegally in Canada, as gkb8062 said (my guess is - without off campus work permit). It is messes up everything, not only your husband's applications but your further stay in Canada too.

it will be better, no one here can comment on this without knowing any previous documents you have attached

+100
Your case is too complicated to relay on "what people say on the forums".

 

[canuck_in_uk]

kindly contact with ICCRC Licensed Lawyer near by you or you can find here http://secure.iccrc-crcic.ca/search-new/EN take his services, it will be better

There is no need for a lawyer.

leena12, it seems that you are working illegally in Canada, as gkb8062 said (my guess is - without off campus work permit).

Nothing in the response from CIC suggests that they believe she is working illegally.

Can anyone explain me about these sections and what documents should we provide to remove this objection?
Thanks.

It looks as though the visa officer didn't realize that the applicant's spouse (you) is currently a student and therefore the applicant can apply for an OWP without an Labour Market Opinion. I would suggest you reapply again; include a letter explaining that you don't understand the previous rejection, as you are a student and your spouse is applying for an OWP based on your status and so doesn't require an LMO. Include lots of proof of your student permit and university/college papers.

 

[mead]

hi,
I am on a student visa. I applied for my husband's open work permit from India but it got rejected the rejection letter says
'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 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 Human Resources and Skills Development
Canada to begin this process'
Can anyone explain me about these sections and what documents should we provide to remove this objection?
Thanks.

when ur husband applied for work permit did he attach ur study permit copy, ur visa copy and marriage certificate copy? seems like u applied for a closed work permit rather than open work permit.

 

[scylla]

There is no need for a lawyer.

Nothing in the response from CIC suggests that they believe she is working illegally.

It looks as though the visa officer didn't realize that the applicant's spouse (you) is currently a student and therefore the applicant can apply for an OWP without an Labour Market Opinion. I would suggest you reapply again; include a letter explaining that you don't understand the previous rejection, as you are a student and your spouse is applying for an OWP based on your status and so doesn't require an LMO. Include lots of proof of your student permit and university/college papers.

I agree with this response. What evidence did you include in the file to show you are a student?

 

[leena12]

I agree with this response. What evidence did you include in the file to show you are a student?

Thanks, I would reapply with a proof of my study permit and visa. Thanks

 

[Regina]

I agree with this response. What evidence did you include in the file to show you are a student?

They do not doubt that she is a student. Their concern is about her work : "that your employment in Canada comes within the exceptions"

 

[mead]

They do not doubt that she is a student. Their concern is about her work : "that your employment in Canada comes within the exceptions"

OP is a student and already has a student visa ...she applied for her husbands work permit based on her study permit but seems like he got rejected.now from the reasons for rejection it seems VO didnt get the required documents to tie OP as a student and her husband as her dependent looking for a work permit.
hi,
I am on a student visa. I applied for my husband's open work permit from India but it got rejected the rejection letter says

 

[canuck_in_uk]

They do not doubt that she is a student. Their concern is about her work : "that your employment in Canada comes within the exceptions"

I agree with the above poster. This is not the first time I've seen you provide misleading or outright wrong advice. OP was very clear in stating that she is a student and the application was for her husband's work permit. If you understood that, then you would have understood that the CIC response was to the applicant, her husband, and that "your employment" was referring to her husband's employment, not hers.

 

[Regina]

Yes, you are right, pretty often I do not understand your English guys. I got used to proper English of Canadians, and you evasive English when a topic starter either cannot express himself in English properly and clear or does not say all the details, mislead me completely.

So, if you what to be understood in Canada think what and how you should talk to make people understand your problem. Otherwise you will blame them not you, as usual.

 

[canuck_in_uk]

Yes, you are right, pretty often I do not understand your English guys. I got used to proper English of Canadians, and you evasive English when a topic starter either cannot express himself in English properly and clear or does not say all the details, mislead me completely.

So, if you what to be understood in Canada think what and how you should talk to make people understand your problem. Otherwise you will blame them not you, as usual.

The OP's post was in no way misleading and she gave more than enough details for myself and several others to understand the situation perfectly fine.

There's no need for you to insult her English to cover up your own lack of understanding.

 

[mead]

Yes, you are right, pretty often I do not understand your English guys. I got used to proper English of Canadians, and you evasive English when a topic starter either cannot express himself in English properly and clear or does not say all the details, mislead me completely.

So, if you what to be understood in Canada think what and how you should talk to make people understand your problem. Otherwise you will blame them not you, as usual.

Regina there is nothing wrong in admitting ur wrong ..we r all humans and make mistakes . Only wise people accept they have made a mistake and learn from it. Its foolish to clearly see ur wrong and still argue about it.

 

[leena12]

Thank you everyone for your advice. I was considering to reapply for a OWP for my husband from India again but someone suggested us to apply for TRV first from India and then apply for a work permit after he comes to Canada. Can anyone suggest which way would be better?

 

[maximin]

If your husband intends to work in Canada than he should apply for WP.