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Approval in a slightly unusual SP application (non-SDS, inland Canada)

GandiBaat

VIP Member
Dec 23, 2014
3,611
2,922
NOC Code......
2173
App. Filed.......
26th September 2021
Doc's Request.
Old Medical
Nomination.....
None
AOR Received.
26th September 2021
IELTS Request
Sent with application
File Transfer...
11-01-2022
Med's Request
Not Applicable, Old Meds
Med's Done....
Old Medical
Interview........
Not Applicable
Passport Req..
22-02-2022
VISA ISSUED...
22-02-2022
LANDED..........
24-02-2022
Hi,
I am happy to report that my partner got their SP application approved in the first attempt with a slightly unusual profile. Here are some of our observations and learnings for folks who might be in similar situation as we were.

We are Indian nationals and we are in Canada on Work Permit valid till late 2022. We are in our 30s. Our first and only child was born in Canada about two years back. My partner is going to attend a mid-tier public university as a masters student starting this May (Inshallah).

Here is a brief profile of the applicant :
Age : 30+ year old
Category : In-Canada (WP), Non-SDS
Study Gap : 9+ years, repeating Masters in Engineering. Previously holding Bachelors in Engineering and Masters in Engineering from India.
College : Mid ranked public university.
Program : Master of Engineering, Different branch than bachelor/previous master.
English Exam : TOEFL, iBT (Special Home based Edition), score 112/120. Reading 30, Listening 30, Writing 26, Speaking 26.
Experience : 6 years of relevant experience in India. In Canada, no relevant experience for past 3 years. Working in NOC-C/D jobs.
Complications : Repeating Masters, Age, 9+ Years of Gap, Change of discipline of engineering, Spouse working in Canada, Child in Canada, no unmovable property in India, no job waiting in India.
Funds : 3+ year old joint checking bank accounts in Canadian bank with several time funds than what is needed for entire degree program.
Submission
: 24th Jan 2021.
Confirmation : 31st Jan 2021.
Biometrics/Medical/Eligibility/BVL/PPR: Not Applicable.
Approval : 22nd March 2021

I wish, I could post our Letter or explanation / SoP however, I am not sure if that will be legal given we are already in Canada and that is/was a part of our immigration documents. That said, I will describe all the main points we covered in it.

My basic learning from this application is that immigration applications in Canada should be treated by applicant as almost a defence in a court case. Basically, VO is your judge, jury and prosecutor while you are your defence attorney. VO and application form will extract all information and evidence from you (under oath no less!) and will use it to reject you. You have present your case with all the other evidence that defends you ie in your favour. All this while you cann't hide any information relevant and misrepresent or lie about any material facts. If you go with this mindset you will not forget to bring those facts that protect you in your application.

So here is how we approached our argument for my partner's SP :

1. We established that my partner is a woman engineer having a bachelors and masters from India covering broad level knowledge of their field. They had a successful engineering career in India in manufacturing, academia and consulting. They arrived in Canada to accompany me due to my transfer to Canada under ICT stream. However, they found that in Canada manufacturing technology based opportunities to be limited and despite 3+ years of their sincere effort they could not excel an engineering job in Canada and had to take jobs unrelated to their qualification or experience.

2. We argued that their motivation for this masters degree was the fact that they had a 3+ years break in professional careers as an engineer and as such upon their return to India (on completion of their spouse work assignment in Canada), they will be at a disadvantage professionally. Further, they think that upskilling during their remaining time in Canada will be vital to their success after returning from Canada to India. They matched their this desire to upskill with a relevant masters program at a mid-tier public research based university with a specialized research and training centre in their narrow field of expertise. We admitted that they already have a masters and submitted that their masters was a general broad level introduction to their narrow and specialized discipline. A masters tailored for mid-career professional offered by the said university will help them in gaining indepth knowledge of the discipline. We also enumerated the graduate level courses in the program that suites their learning goals.

3. For ties to India, we argued professionally their long and wide experience in their engineering discipline is their biggest tie to India. They had a successful career in India which was disrupted because they wanted to keep their family intact. We also argued that based on their job seeking experience we discovered that Canadian employers in their field (which is regulated in Canada by a professional non-profit organization/guild) disregard professional experience from outside Canada and they will have to restart their career in Canada from an entry level position while in India, they can resume their career as the employers they worked with are reputed ones and well known in India. We also showed few social ties. We did not have property back in India so we did not mention that.

4. We mentioned that my partner hold a US visitor visa and has visited USA multiple times and each time they have complied with immigration laws in USA and have never overstayed or violated any conditions imposed on us by the visa.

5. We then wrote explanation about few sections of their application.

6. We showed calculation of the minimum funds required for tuition and living expense for a family of three.

7. We mentioned all the annexations to the LoA which were :
a. Employment record for past 10 years.
b. Tuition estimate for entire program by university.
c. their current WP
d. experience letters from employers
e. toefl result
f. degree certificate and marks sheets.

8. We believe that applying from with in Canada with work authorization makes SP process somewhat easier.