SOWP refusal reason makes no sense at all - R205(c)(ii)

[merwynd0810]

Brief background -
SOWP application date: 5th December 2023
Medical updated: 19th January
Weborm submitted: 24th April 2024
Refusal: 26th April 2024

We have been dating since 2021, a few weeks before she went to Canada in December 2021. I have had study permit rejections on two previous occasions. My wife is on a PGWP since August 2023. She came down in November 2023 and we got married here in India. She is now back in Canada.

The refusal letter states:

I am refusing your application on the following grounds:
• You do not qualify under the IMP as you provided insufficient information to demonstrate that your spouse’s employment in a qualifying NOC. Refused under R205(c)(ii).

Based on a conversation with our agent and a quick search online, the section quoted does not apply to our application at all. It pertains to the following:

On March 19, 2024, the Minister designated the work performed by the following spouses and common-law partners of full-time students as necessary under paragraph R205(c)(ii):

• spouses and common-law partners of full-time students in graduate programs (master’s and doctorate) in a university or polytechnic institution
• spouses and common-law partners of full-time students in professional degree programs in a university (e.g., medicine, dentistry, law)
• spouses and common-law partners who hold a valid open work permit under the C42 category and who are extending their work permit as spouses of full-time students in a post-graduation work permit (PGWP) eligible program of study at a PGWP-eligible designated learning institution.

This International Mobility Program (IMP) work permit category is intended for spouses and common-law partners who are not, themselves, already study permit holders actively engaged in full-time studies. The reasons for allowing spouses to enter Canada and work is to increase the competitiveness of Canada’s academic institutions or economy.

In these instructions, “spousal” refers to either common-law partner or married spouse situations.

My wife is not on a study permit (She is on a PGWP) nor am I holding a permit that we are extending.

Additionally, we had submitted a letter of employment from my wife's employer stating the job title (which does meet the requirements) and pay stubs. This is of course in addition to the required forms and proof of our relationship/marriage, letter from landlord and proof of funds to support us.
We have already requested the agent to obtain the officer's notes that explain the reasoning of the refusal. I have a personal suspicion that the webform that we raised after the estimated processing time elapsed has got a kneejerk reaction from the IRCC to hastily respond to the application without careful consideration. If the proof was insufficient, they could have reached out for additional details.

We are planning to approach the local MP where my wife is employed to appeal the decision.

I would strongly appreciate any thoughts on this entire situation. Please feel free to ask questions and suggest or point out anything that I have missed in my consideration of the situation.

 

[Copingwithlife]

Brief background -
SOWP application date: 5th December 2023
Medical updated: 19th January
Weborm submitted: 24th April 2024
Refusal: 26th April 2024

We have been dating since 2021, a few weeks before she went to Canada in December 2021. I have had study permit rejections on two previous occasions. My wife is on a PGWP since August 2023. She came down in November 2023 and we got married here in India. She is now back in Canada.

The refusal letter states:


Based on a conversation with our agent and a quick search online, the section quoted does not apply to our application at all. It pertains to the following:


My wife is not on a study permit (She is on a PGWP) nor am I holding a permit that we are extending.

Additionally, we had submitted a letter of employment from my wife's employer stating the job title (which does meet the requirements) and pay stubs. This is of course in addition to the required forms and proof of our relationship/marriage, letter from landlord and proof of funds to support us.
We have already requested the agent to obtain the officer's notes that explain the reasoning of the refusal. I have a personal suspicion that the webform that we raised after the estimated processing time elapsed has got a kneejerk reaction from the IRCC to hastily respond to the application without careful consideration. If the proof was insufficient, they could have reached out for additional details.

We are planning to approach the local MP where my wife is employed to appeal the decision.

I would strongly appreciate any thoughts on this entire situation. Please feel free to ask questions and suggest or point out anything that I have missed in my consideration of the situation.

An MP cannot get involved in the decision making process . That is the officers decision.
This isn’t a country where one can expect an elected official to influence a decision already made

 

[Naturgrl]

Brief background -
SOWP application date: 5th December 2023
Medical updated: 19th January
Weborm submitted: 24th April 2024
Refusal: 26th April 2024

We have been dating since 2021, a few weeks before she went to Canada in December 2021. I have had study permit rejections on two previous occasions. My wife is on a PGWP since August 2023. She came down in November 2023 and we got married here in India. She is now back in Canada.

The refusal letter states:


Based on a conversation with our agent and a quick search online, the section quoted does not apply to our application at all. It pertains to the following:


My wife is not on a study permit (She is on a PGWP) nor am I holding a permit that we are extending.

Additionally, we had submitted a letter of employment from my wife's employer stating the job title (which does meet the requirements) and pay stubs. This is of course in addition to the required forms and proof of our relationship/marriage, letter from landlord and proof of funds to support us.
We have already requested the agent to obtain the officer's notes that explain the reasoning of the refusal. I have a personal suspicion that the webform that we raised after the estimated processing time elapsed has got a kneejerk reaction from the IRCC to hastily respond to the application without careful consideration. If the proof was insufficient, they could have reached out for additional details.

We are planning to approach the local MP where my wife is employed to appeal the decision.

I would strongly appreciate any thoughts on this entire situation. Please feel free to ask questions and suggest or point out anything that I have missed in my consideration of the situation.

A MP cannot appeal a decision. Either you ask for reconsideration or file a judicial review with the courts. What is wife’s NOC. When does her permit expire? Given you only got married and then immediately applied for SOWP may have raised concerns about genuineness of marriage.

 

[scylla]

Brief background -
SOWP application date: 5th December 2023
Medical updated: 19th January
Weborm submitted: 24th April 2024
Refusal: 26th April 2024

We have been dating since 2021, a few weeks before she went to Canada in December 2021. I have had study permit rejections on two previous occasions. My wife is on a PGWP since August 2023. She came down in November 2023 and we got married here in India. She is now back in Canada.

The refusal letter states:


Based on a conversation with our agent and a quick search online, the section quoted does not apply to our application at all. It pertains to the following:


My wife is not on a study permit (She is on a PGWP) nor am I holding a permit that we are extending.

Additionally, we had submitted a letter of employment from my wife's employer stating the job title (which does meet the requirements) and pay stubs. This is of course in addition to the required forms and proof of our relationship/marriage, letter from landlord and proof of funds to support us.
We have already requested the agent to obtain the officer's notes that explain the reasoning of the refusal. I have a personal suspicion that the webform that we raised after the estimated processing time elapsed has got a kneejerk reaction from the IRCC to hastily respond to the application without careful consideration. If the proof was insufficient, they could have reached out for additional details.

We are planning to approach the local MP where my wife is employed to appeal the decision.

I would strongly appreciate any thoughts on this entire situation. Please feel free to ask questions and suggest or point out anything that I have missed in my consideration of the situation.

As others have said, don't bother with the MP. MPs cannot change or influence decisions.

IRCC makes decisions based on the information submitted in the application and does not request additional information. This is standard process.

You can do two things (or both): (1) Send a web form to IRCC to request reconsideration; (2) File a formal appeal with the help of a lawyer.

I would definitely submit the reconsideration request in your case. Good luck.