+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

urgent! My spouse's application for Open work permit got refused

Yrna

Newbie
May 14, 2013
4
0
Hi! would like to please ask for help as my husband's application for open work permit got refused for the following reasons: 1)travel history 2) family ties in canada and in country of residence 3) limited employment prospects in country of residence 4) current employment situation and 5) personal assets and financial status.
I currently hold a skilled work permit and will expire soon (August 2015) that is why we wanted to reapply before its too late. What could be the documents or letter to make his application stronger/ be approved? Or does he need to get a job before he can reapply? or provide proof of funds as he didn't provide any in his application? Please help. Thanks
 

rifsim1216

Star Member
Sep 20, 2014
133
2
Hi, myself simonil rifad pradhan. my husband is on work permit which is expiring in mid of 2016. we have registered under PR express entry but have not received ITA yet.

I Applied spousal open work permit paper application submitted from India on 22nd january 2015 and received refusal letter on25th march 2015

Documents submitted

1. Passport photocopy
2. Education certificates (masters and bachelors certificates and degree)
3. Back home job experience letter
4. Police clearance certificate
5. Medical
6. Marriage certificate and name change affidavit
7. IELTS (6 bands average)
8. Husband's work permit PGWP
9. His job reference letter [NOC B], offer letter
10. his and my Pay slips
11. his and my Bank statement of 15k CAD and 1 lakh around rupees



They have made mark on the below given 2 Reasons of refusal-

1.
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.


2. purpose of visit


My question to you is

How would we reapply again to make case stronger??
Spouse open work permit do not need any offered employment with LMO we believe.

Would really appreciate your help
 

ButterflyChemist

Hero Member
Jun 24, 2014
761
45
Yrna said:
Hi! would like to please ask for help as my husband's application for open work permit got refused for the following reasons: 1)travel history 2) family ties in canada and in country of residence 3) limited employment prospects in country of residence 4) current employment situation and 5) personal assets and financial status.
I currently hold a skilled work permit and will expire soon (August 2015) that is why we wanted to reapply before its too late. What could be the documents or letter to make his application stronger/ be approved? Or does he need to get a job before he can reapply? or provide proof of funds as he didn't provide any in his application? Please help. Thanks
Its already too late. For your spouse to get an open work permit, your work permit needs to be valid for at least six months. You are already past that point.
 

Yrna

Newbie
May 14, 2013
4
0
Thanks ButterflyChemist for your response. I figured that out and so I did not waste anymore of my time & money re-applying. Good thing they have this Express Entry thing. I was already invited and now working on it (with my husband in the application). I have one question though, there is one question that's bothering me a bit- "has your husband applied for visa, wp etc and got a refusal?". I answered yes because he really got refused on his open permit right? Do u think that will cause any problem on my permanent residency application? Please i want to know your thoughts about that. Again thank you. :)
 

rifsim1216

Star Member
Sep 20, 2014
133
2
Hey yrna ... Please once read about my case above I have written evrythn .. we are stucked as got refusal for the 1st time .. Please help what next we can do ? And what else we can attach if we reapply. .. it will be of big help to us
 

subtain

Hero Member
Aug 12, 2013
388
32
Montreal, Canada
rifsim1216 said:
Hey yrna ... Please once read about my case above I have written evrythn .. we are stucked as got refusal for the 1st time .. Please help what next we can do ? And what else we can attach if we reapply. .. it will be of big help to us
Based on their response, I think they took your application as a normal Work Permit application and not a spousal work permit application.
 

ButterflyChemist

Hero Member
Jun 24, 2014
761
45
Yrna said:
Thanks ButterflyChemist for your response. I figured that out and so I did not waste anymore of my time & money re-applying. Good thing they have this Express Entry thing. I was already invited and now working on it (with my husband in the application). I have one question though, there is one question that's bothering me a bit- "has your husband applied for visa, wp etc and got a refusal?". I answered yes because he really got refused on his open permit right? Do u think that will cause any problem on my permanent residency application? Please i want to know your thoughts about that. Again thank you. :)

No I doubt it will have an impact.
 

ButterflyChemist

Hero Member
Jun 24, 2014
761
45
rifsim1216 said:
Hi, myself simonil rifad pradhan. my husband is on work permit which is expiring in mid of 2016. we have registered under PR express entry but have not received ITA yet.

I Applied spousal open work permit paper application submitted from India on 22nd january 2015 and received refusal letter on25th march 2015

Documents submitted

1. Passport photocopy
2. Education certificates (masters and bachelors certificates and degree)
3. Back home job experience letter
4. Police clearance certificate
5. Medical
6. Marriage certificate and name change affidavit
7. IELTS (6 bands average)
8. Husband's work permit PGWP
9. His job reference letter [NOC B], offer letter
10. his and my Pay slips
11. his and my Bank statement of 15k CAD and 1 lakh around rupees



They have made mark on the below given 2 Reasons of refusal-

1.
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.


2. purpose of visit


My question to you is

How would we reapply again to make case stronger??
Spouse open work permit do not need any offered employment with LMO we believe.

Would really appreciate your help
Are you certain about your husband's Noc?
 

Yrna

Newbie
May 14, 2013
4
0
Thanks ButterflyChemist. I appreciate your help. Also thanks for answering rifsim1216's concern Subtain and ButterflyChemist. I apologize if i have not answered you rifsim1216. God bless on your application!