Work permit rejection. Can I apply again? Im in Canada as a visitor for 6 months

[zalak54]

I came to Canada as a visitor 6 months ago. I applied for work permit, but I got rejection.

I wanted to know if I can apply again from within Canada or not? My 6 months as a visitor are completed, but my visa is still valid until 2018. What next step I should take? Am I eligible to apply again? or I have to leave the country? What is my status here? I really need some good advice as soon as possible. How much time do I have? How long does it take if I apply for the work permit again?

NOTE: My husband has a work permit and I applied under spouse work permit program.

I'll really appreciate your advice.

 

[scylla]

You are out of status in Canada as of now. You can try applying for the work permit again - however you'll also need to apply to restore your status at the same time and pay the additional fee. You have 90 days from the time you were refused to submit the restoration application. If you are refused again, you will have to leave Canada.

 

[zalak54]

Thanks for your advise Scylla.

CIC asked me to upload my husbands employment letter and pay slips to support the application. My husband has Independent web designer contract job; which is under NOC category. My question here is that does his job contract type matter? Also, does his salary matter?

Do you think they might have rejected my application because of low income or independent contract? (he doesn't have fixed salary). And we attached invoices instead of payslips.

Do you think we are doing any mistake with my application? What must I change in my application so I don't get rejected again?

 

[PMM]

Hi

Thanks for your advise Scylla.

CIC asked me to upload my husbands employment letter and pay slips to support the application. My husband has Independent web designer contract job; which is under NOC category. My question here is that does his job contract type matter? Also, does his salary matter?

Do you think they might have rejected my application because of low income or independent contract? (he doesn't have fixed salary). And we attached invoices instead of payslips.

Do you think we are doing any mistake with my application? What must I change in my application so I don't get rejected again?

1. You hit the nail on the head why you were refused. Your spouse is an independent contractor/self employed, so you are not eligible for a SWOP.

 

[zalak54]

Hi PMM,

I appreciate your reply.

The requirement on CIC cic(dot)gc(dot)ca/english/helpcentre/answer.asp?qnum=199&top=17 doesn't say that an Independent contractor's spouse isn't eligible for Open Work Permit.

Can you please suggest me any web resources I can go to and learn more about this?

 

[PMM]

Hi

Hi PMM,

I appreciate your reply.

The requirement on CIC cic(dot)gc(dot)ca/english/helpcentre/answer.asp?qnum=199&top=17 doesn't say that an Independent contractor's spouse isn't eligible for Open Work Permit.

Can you please suggest me any web resources I can go to and learn more about this?

1. Here is the short version from CIC

"Note: If you have an open work permit (e.g. post-graduation work permit, International Experience Canada, et cetera) your spouse must attach a copy of your work permit to their application for an open work permit, along with a:

letter from your current employer that confirms you work there in a NOC 0, A or B occupation, or a copy of your employment offer or contract, and
copy of your recent pay slips."

As your spouse is a contractor/self employed, he doesn't have an employer as such.

 

[Gregor.Samsa]

You can request GSCM notes to know details about the rejection.