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Spousal work permit refusal

Anushaja

Full Member
Feb 1, 2024
38
2
Hi everyone, I got the refusal for my spouse work permit extension with the reasons as below :

After considering all the circumstances of your case, it has been determined that you are not a person whose employment will create or maintain significant employment, benefits or opportunities for Canadian citizens or permanent residents.

You have not provided sufficient evidence to prove that your spouse is employed in an occupation that falls within the National Occupation Classification Skill level (TEER 0, 1,2 or 3) or previously of 0, A or B. You may be eligible to re-apply for a work permit if you are able to provide proof that your spouse is a skilled worker in Canada, which may include a letter from your spouse’s employer, stating his/her job title, duties, and salary. If you cannot prove that your spouse is in a skilled occupation, your application for a work permit cannot be approved without a Labour Market Impact Assessment from Employment and Social Development Canada.

At that time my husband(Holding PGWP) didn’t have NOC job but after that he got his NOC job and we re-applied with all documents.

I got refusal on 22nd November and my initial work permit expired on 30th November so I reapplied on 29th November before the expiry of initial work permit.

It also status that your status is valid it (certain future date). Does it mean that it has a valid status and can continue working till the day or should we apply for restoration of status?

Your suggestions and thoughts will be very helpful.

Thank you.
 

canuck78

VIP Member
Jun 18, 2017
53,062
12,799
Hi everyone, I got the refusal for my spouse work permit extension with the reasons as below :

After considering all the circumstances of your case, it has been determined that you are not a person whose employment will create or maintain significant employment, benefits or opportunities for Canadian citizens or permanent residents.

You have not provided sufficient evidence to prove that your spouse is employed in an occupation that falls within the National Occupation Classification Skill level (TEER 0, 1,2 or 3) or previously of 0, A or B. You may be eligible to re-apply for a work permit if you are able to provide proof that your spouse is a skilled worker in Canada, which may include a letter from your spouse’s employer, stating his/her job title, duties, and salary. If you cannot prove that your spouse is in a skilled occupation, your application for a work permit cannot be approved without a Labour Market Impact Assessment from Employment and Social Development Canada.

At that time my husband(Holding PGWP) didn’t have NOC job but after that he got his NOC job and we re-applied with all documents.

I got refusal on 22nd November and my initial work permit expired on 30th November so I reapplied on 29th November before the expiry of initial work permit.

It also status that your status is valid it (certain future date). Does it mean that it has a valid status and can continue working till the day or should we apply for restoration of status?

Your suggestions and thoughts will be very helpful.

Thank you.

Are you posting under 2 names? Did you spouse have proof of employment and 3 pay stubs when you applied on November 29th?
 
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Naturgrl

VIP Member
Apr 5, 2020
40,531
8,359
Hi everyone, I got the refusal for my spouse work permit extension with the reasons as below :

After considering all the circumstances of your case, it has been determined that you are not a person whose employment will create or maintain significant employment, benefits or opportunities for Canadian citizens or permanent residents.

You have not provided sufficient evidence to prove that your spouse is employed in an occupation that falls within the National Occupation Classification Skill level (TEER 0, 1,2 or 3) or previously of 0, A or B. You may be eligible to re-apply for a work permit if you are able to provide proof that your spouse is a skilled worker in Canada, which may include a letter from your spouse’s employer, stating his/her job title, duties, and salary. If you cannot prove that your spouse is in a skilled occupation, your application for a work permit cannot be approved without a Labour Market Impact Assessment from Employment and Social Development Canada.

At that time my husband(Holding PGWP) didn’t have NOC job but after that he got his NOC job and we re-applied with all documents.

I got refusal on 22nd November and my initial work permit expired on 30th November so I reapplied on 29th November before the expiry of initial work permit.

It also status that your status is valid it (certain future date). Does it mean that it has a valid status and can continue working till the day or should we apply for restoration of status?

Your suggestions and thoughts will be very helpful.

Thank you.
Read this exact same story a few days ago.
 

Anushaja

Full Member
Feb 1, 2024
38
2
Are you posting under 2 names? Did you spouse have proof of employment and 3 pay stubs when you applied on November 29th?
Yes we attached the proof of employment with 1 pay stub because at that time he had only 1 pay stub because he just joined it.
 

Anushaja

Full Member
Feb 1, 2024
38
2
Are you posting under 2 names? Did you spouse have proof of employment and 3 pay stubs when you applied on November 29th?
Yes we attached the proof of employment with 1 pay stub because at that time he had only 1 pay stub because he just joined it.
Please answer. Do I need to apply for restoration? It has been nearly 70 days already that’s why I am tensed.
 

scylla

VIP Member
Jun 8, 2010
93,198
20,663
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
Please answer. Do I need to apply for restoration? It has been nearly 70 days already that’s why I am tensed.
If your work permit expired in November and you didn't apply to change your status to visitor before that, you are out of status and need to apply to restore your status.
 

Anushaja

Full Member
Feb 1, 2024
38
2
If your work permit expired in November and you didn't apply to change your status to visitor before that, you are out of status and need to apply to restore your status.
Yes it expired in November but I reapplied before the expiry so Isn’t it maintained status? Still I need to apply for restoration?
 

scylla

VIP Member
Jun 8, 2010
93,198
20,663
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
Yes it expired in November but I reapplied before the expiry so Isn’t it maintained status? Still I need to apply for restoration?
Sorry, I'm confused. Were both of the extension applications refused or just one?
 

Anushaja

Full Member
Feb 1, 2024
38
2
Sorry, I'm confused. Were both of the extension applications refused or just one?
I applied for Spousal open work permit in September which was refused on 22nd November because my husband didn’t have skilled job and they mentioned that my work permit expires on 30th November. So we reapplied on 29th November as my husband got his skilled job before the expiry as it was on 30th November. So I have reapplied before the expiry of initial work permit with all the documents and one pay stub so I am very confused about restoration. Do I still have to apply for restoration? As I reapplied before the expiry.
 

Anushaja

Full Member
Feb 1, 2024
38
2
I applied for Spousal open work permit in September which was refused on 22nd November because my husband didn’t have skilled job and they mentioned that my work permit expires on 30th November. So we reapplied on 29th November as my husband got his skilled job before the expiry as it was on 30th November. So I have reapplied before the expiry of initial work permit with all the documents and one pay stub so I am very confused about restoration. Do I still have to apply for restoration? As I reapplied before the expiry.
I am still waiting for the decision for my second application. Can you please guide me? I am very stressed.