SOWP refused - Reconsider or reapply?

[paladigm404]

Hi all,

i am in canada as a vistor and applied for SOWP, my wife is doing her MBA( 2year course). her study permit is valid till April 2027 because of passport expiry. her acceptance letter mentions the completion Date is 2028-03-31 but still my application got rejected saying that the spouse has to have a WP valid for 16 months or more.

Reason: "Client is now applying for a Spousal Open Work Permit. Application received on 2026/06/14. However, the spouse Open Work permit was valid until 2027/04/10. The spouse has to have a WP valid for 16 months or more. All relevant submissions reviewed. Based on the information before me, client does not meet the eligibility requirements as per R205(c)(ii)."

Has anyone actually had success with a reconsideration request through the webform and whats the usual processing time ?

I appreciate all responses. Thank you so much.

 

[Naturgrl]

Nothing to do with acceptance letter but because her work permit is expiring due to passport then they cannot issue you a permit past April 2027 which is less than 16 months. You can try reconsideration. There are no timelines and nothing to do but wait. You will only know if reassessing if reopen your file.

Even if you reapply it will be refused. Spouse needs to get new passport and apply for extension. Then you apply with her.

 

[paladigm404]

Nothing to do with acceptance letter but because her work permit is expiring due to passport then they cannot issue you a permit past April 2027 which is less than 16 months. You can try reconsideration. There are no timelines and nothing to do but wait. You will only know if reassessing if reopen your file.

Even if you reapply it will be refused. Spouse needs to get new passport and apply for extension. Then you apply with her.

Thanks. Small correction though - she doesn't have a work permit at all, only a study permit. That's the part I think the officer got wrong. The "Open Work permit valid until 2027/04/10" in the notes is her study permit expiry.

The 16 month work permit rule is for spouses of workers (C41). For spouses of students (C42) the 16 months is about the length of the master's program, not any permit. Her program is 23 months. A short study permit just means my SOWP would be issued till April 2027 and extended later, it isn't a refusal ground on its own.

we are working on renewing the passport and extend the study permit regardless. checking if anyone has seen reconsideration actually work when the ODN misidentifies the document like this.

 

[Naturgrl]

Thanks. Small correction though - she doesn't have a work permit at all, only a study permit. That's the part I think the officer got wrong. The "Open Work permit valid until 2027/04/10" in the notes is her study permit expiry.

The 16 month work permit rule is for spouses of workers (C41). For spouses of students (C42) the 16 months is about the length of the master's program, not any permit. Her program is 23 months. A short study permit just means my SOWP would be issued till April 2027 and extended later, it isn't a refusal ground on its own.

we are working on renewing the passport and extend the study permit regardless. checking if anyone has seen reconsideration actually work when the ODN misidentifies the document like this.

I meant study permit. You cannot be issued a work permit past the validity of her study permit. So it will not be processed until she has extended her study permit

 

[paladigm404]

I meant study permit. You cannot be issued a work permit past the validity of her study permit. So it will not be processed until she has extended her study permit

Right, but that just caps the duration. Under C42 the SOWP gets issued up to the study permit expiry, but my application got rejected and this is the first time i am applying for SOWP and the officer refused on the 16 month work permit rule, which only applies to spouses of workers. That's the mistake I'm asking about.

 

[Naturgrl]

Right, but that just caps the duration. Under C42 the SOWP gets issued up to the study permit expiry, but my application got rejected and this is the first time i am applying for SOWP and the officer refused on the 16 month work permit rule, which only applies to spouses of workers. That's the mistake I'm asking about.

Right, but that just caps the duration. Under C42 the SOWP gets issued up to the study permit expiry, but my application got rejected and this is the first time i am applying for SOWP and the officer refused on the 16 month work permit rule, which only applies to spouses of workers. That's the mistake I'm asking about.

So go for reconsideration and wait. There are no timelines. The issue right now is her permit expires in April so if not reopened then apply when she has updated passport and reapplies.