SOWP refused.

[Rayyan2012]

Dear Team,

I recently applied for a Spousal Open Work Permit (SOWP), but it was refused. The refusal was based on the officer’s concern that I initially entered Canada on a visitor visa and later obtained my closed work permit through flagpoling. The officer questioned my intention to stay and extended this concern to my family.

I would like to know if I am eligible to reapply for my spouse’s open work permit at this stage, given that I am currently working in Canada on a valid LMIA-based closed work permit. Could you please advise me on the best way to address the officer’s concern in a new application?

 

[Naturgrl]

So you want a SOWP since "I recently applied"? Post the actual wording of refusal.

For SOWP, your NOC must be eligible, not expiring within the next 16 months and show ties to return. So spouse shows ties to return - job letter with approved leave, business, income property and children under 22.

 

[Rayyan2012]

According to the refusal letter, officer was stated that my family did not accompany me during my visit, and I was on a tourist visa but did not return, changing to a work permit through the flag poling process. I have submitted all the documents you mentioned, including strong ties to our home country. I also applied for my children's student visas, but they were all refused; all children are under 18. Could you please advise if there are any additional requests or documents to submit with my new application?

Thank you.

 

[Rayyan2012]

My NOC is valid until December 2027.

 

[Naturgrl]

My NOC is valid until December 2027.

What is your NOC?

So your family needs to show strong ties to return. You came on a TRV without your family with the intent to find work and flagpoled so you don't have ties to return. You came without your family and your family was your tie to return.

Your family, to be approved, all must show absolute ties to return. So they need to show business income and registration, income property, job letter with approved leave. Same for children - ties to return so school registration and paid tuition along with spouse's ties. Your spouse could apply alone and not bring the children.

What can your spouse include in documents to return? You are posting under from Moving from US to Canada so is your family in the US? Are they citizens?

 

[Copingwithlife]

According to the refusal letter, officer was stated that my family did not accompany me during my visit, and I was on a tourist visa but did not return, changing to a work permit through the flag poling process. I have submitted all the documents you mentioned, including strong ties to our home country. I also applied for my children's student visas, but they were all refused; all children are under 18. Could you please advise if there are any additional requests or documents to submit with my new application?

Thank you.

Then you weren’t really a visitor to begin with .
You came , children were the ties to return . You actively looked for a job while as a visitor . Jobs just don’t appear . Basically misrepresented your intentions as a visitor.

 

[canuck78]

According to the refusal letter, officer was stated that my family did not accompany me during my visit, and I was on a tourist visa but did not return, changing to a work permit through the flag poling process. I have submitted all the documents you mentioned, including strong ties to our home country. I also applied for my children's student visas, but they were all refused; all children are under 18. Could you please advise if there are any additional requests or documents to submit with my new application?

Thank you.

This may all be due to NOC. Are your family living in your home country? What is your home country? We may now be witnessing repurcussions of people misleading IRCC when they applied for a TRV but were really attempting to secure employment. When did you enter Canada as a visitor and when did you get a WP?