Plan to Appeal SOWP 2nd Refusal

[blueivory]

The SOWP of my spouse and SP for my kids was refused again for same 2 out of 3 reasons as before and I am very confident of the documents submitted and want to appeal the refusal. I know its not certain and can be a long process, but the refusal was in less than 2 weeks for a processing time of 13 weeks and I feel the application was not properly reviewed. I need advise from someone who has successfully appealed a TRV and contact of a good immigration lawyer experienced in this. Thank you

 

[k.h.p.]

That seems like a very expensive option to try to get something that isn't guaranteed and is issued on discretion. You would need to prove an error in law to have courts force a visa officer to exercise discretion to issue a permit.

Have you requested GCMS notes?

 

[blueivory]

I will request the notes today. I know its not guaranteed and is issued on discretion but I am just at a loss. We put in more than sufficinet documents to address the refusal reasons the first time (which were vague by the way). Processing time is 13 weeks and in 2 weeks, they have refused it? We could reapply but its the same documents we have!

For ties, stable employment, properties, business, part of credible professional and social organisaztions. Spouse is an international student in Canada. They would not grant him a visitor visa and now they would not grant a SOWP which they claim is the right visa and bot a visitor visa. What other options are open to us?

 

[k.h.p.]

You need to read the notes.

It's likely that the spouse not in Canada was the tie to the home country for the spouse on the study permit. Bringing the entire family to Canada increases overstay risks.

Repeatedly applying for visas and permits just makes you look more desperate to live in Canada.

 

[blueivory]

@k.h.p. understood. But understand that they will not even issue a visitor visa to the spouse, which is highly unfair. Are you suggesting this family just stays apart? Repeatedly applying is because we feel we are qualified to get the visa. We will apply fir the notes and see, hopefully its not as generic as ever. What would you advise thereafter? The reason for the appeal is not having to apply again, addressing the repeatedly applying 'saga'. Its disheartening. Moreover, the visas for the kids have already been refused for purpose of visit and ties, but the spouse visa application is till ongoing. Its likely the children applications have been updated and not the spouse, and the refusal is hinged on the spouse's application.

 

[jddd]

@k.h.p. understood. But understand that they will not even issue a visitor visa to the spouse, which is highly unfair. Are you suggesting this family just stays apart? Repeatedly applying is because we feel we are qualified to get the visa. We will apply fir the notes and see, hopefully its not as generic as ever. What would you advise thereafter? The reason for the appeal is not having to apply again, addressing the repeatedly applying 'saga'. Its disheartening. Moreover, the visas for the kids have already been refused for purpose of visit and ties, but the spouse visa application is till ongoing. Its likely the children applications have been updated and not the spouse, and the refusal is hinged on the spouse's application.

It isn’t unfair because you chose to study in Canada. It was not forced on you. When you decided to study in Canada, you should have known that they will never be guaranteed a visa, no matter how strong YOU think their profile is. It only matters how the visa officers will view your application. If the second time you applied, you showed the same documents as the first time, that is why it only took 2 weeks to decide to reject it this time.

If your family being with you was pertinent, you could have applied for the SOWP and SP of your children all together with YOUR OWN application. You either would have all been approved, all rejected, or you approved and them rejected. No matter the result, you would have known it at the same time and maybe you would have decided not to pursue studying in Canada.

If you would like to get the advice and opinion of people here. You need to post your family’s complete profile, the rejection reason and what documents you uploaded.

 

[blueivory]

The application was made with substantially different and updated documents, not same with the previous application. I know its what the VO thinks, but that doesnt make it any less fair just because they have the power to make these decisions. There should be a human side to this! My family only initially wanted to visit and that's it. We have gone the sowp route because they would not issue a visitor visa - I am not saying they must be guaranteed visas. Refusal reasons: Purpose of visit and ties to Canada/Home country

These are the documents submitted:

1. All IMM Forms and Letter of Explanation

2. Biometric confirmation letters

3. International passport copy

4. Spouse Invitation letter

5. Letter of explanation

6. Employer reference letter

7. Local community reference letter

8. Spouse Study Permit

9. Spouse Passport Data and Stamped Visa page

10. Spouse confirmation of enrolment plus fees sheet

11. Transcript

12. Spouse Research offer Letter/

13. School ID Card

14. Spouse funding letters

15. Spouse Tenancy Agreement in Canada

16. Utility bill showing address

17. Spouse University Employment letter and payroll (2)

18. Part time employment letter and payslips (2)

19. Spouse Birth Certificate

20. Spouse Bank balance certificate


Principal Applicant

1. Travel History (all visa pages and exit and entry stamps; tickets)

2. Birth Certificate

3. Marriage Certificate, marriage pictures and throwback pics

4. Employment letter, confirmation, ID card + role/duties letter + tax card + payslips

5. Resume

6. Training certfs

7. Degree Certificates

8. Other Certificate

9. Previous employment letters:

10. N/A

11. Professional organization

12. Police clearance certificate

13. N/A

14. Bank letters and all bank statements showing sufficient bank balance for entire family (Over LICO)

15. Pension funds letter and statement

16. Life insurance policy

17. Shares or any other investments


Economic Assets:

18. House ownership docs (apartment building - 2 apartments)

19. Utility Bills showing name and address

20. House valuation documents

21. Tenancy agreement (from tenant)

22. Landed property (Deed of assignment and survey plan) –and building plan drawings.

25. CAC documents of business/company (2)

28. Proof of ownership documents of two vehicles


Family ties:

29. Family health cards

30. Details and immunization records of family dog/pet

32. Birth certificate of siblings and family pictures

33. ID of both parents in law and sisters in law

35. Social organization as a board member

Student Ties:

36. Pension cover and statement

37. Companies (3)

38. Landed property


Children (3)

· IMM Forms and study permit questionnaire

· Biometric letters

· School letters to CIC

· Birth certificate

· Their old international passports (with previous UK visa and immigration stamp)

· Last 2 terms result

· Last school payment receipt

· Merit and sports awards

· active bank account statements

 

[k.h.p.]

@k.h.p. understood. But understand that they will not even issue a visitor visa to the spouse, which is highly unfair. Are you suggesting this family just stays apart? Repeatedly applying is because we feel we are qualified to get the visa. We will apply fir the notes and see, hopefully its not as generic as ever. What would you advise thereafter? The reason for the appeal is not having to apply again, addressing the repeatedly applying 'saga'. Its disheartening. Moreover, the visas for the kids have already been refused for purpose of visit and ties, but the spouse visa application is till ongoing. Its likely the children applications have been updated and not the spouse, and the refusal is hinged on the spouse's application.

It's perfectly fair - though it is really unfortunate.

You know how some birth tourists think that having a baby in Canada is their way into Canada? It's where the term "anchor baby" comes from - they have a theory that if they give birth in Canada, they don't have to leave because their child will be a Canadian and will "anchor" them in the country.

Aside from the fact that it doesn't work for birth tourism this way, the spouse outside of Canada is the anchor for your study permit. You were likely only granted a study permit because you had a spouse that would anchor you in your home country. If that anchor gets a visitor's visa or a work permit, they're no longer anchored in your home country - and neither are you, meaning you're at a much higher risk to overstay.

The proper way to immigrate to Canada with your family is for you to complete a study visa, get PGWP, and then apply for PR, naming your spouse and child as accompanying dependents. Not through a mix of visitor's visas and work permits.

Now, I understand that you're saying that family immigration isn't what you had planned to do, but it's what IRCC is ensuring against by denying you visas. As explained above, if you had all applied together, you'd all either be approved or denied and there wouldn't be a question of fairness in your mind.

 

[Buletruck]

As khp noted, your family not accompanying you was likely the reason you received your visa. Now you are attempting to change the conditions under which it was originally granted (and likely IRCC sees this as an effort on your part to circumvent applying as a family originally). And as jddd noted, you chose to study in Canada. The possibility of family separation was obvious from the start. IRCC isn’t preventing you from seeing your family, as the option for you to return to your home country is always available to you. Good luck with your appeal, but on the face of it the decision seems valid in law.

 

[Buletruck]

And as a side note, there is no appeal on an SOWP. You are looking at judicial review and the level of compassion in that process is non existent.

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=180&top=17

 

[blueivory]

What makes the decision valid? Simply because I applied alone at first? spouses of students from India and China are granted sowp by the bucket, even though their spouses were their 'anchors' when they were granted the study permits. I am doing a thesis study and cannot find the time to travel home - should they not be compassionate enough to grant them even a visit visa? Why would someone with perfect immigration records want to spoil it by overstaying here? My spouse has no intention to even work in Canada! Its because of this lack of compassion that emboldens the officers to be unfair in reaching decisions, especially for people in certain countries. hundreds are crossing the borders illegally and the Canadian government grants them work permits and takes forever to hear their cases. Yet people are seeking legal ways to visit the country and are being denied. No wonder illegal crossings keep increasing.

Granting an sowp or a visitor visa should be on the strength of the eligibility of the applicant as stated on the IRCC website but the officers can hardly defend their refusals and that is why the CAIPS notes are all generic and no help. Good luck to the unfair and un-compassionate Canada immigration system. If separating families is their specialty, then they should state that boldly on their website and scrap the SOWP program then if it is a 'bogus' program. It is called spousal open work permit meant for the spouses and families of international students and those on PGWP!!! Its for your family to join you for the duration of your legal stay in Canada - and that defeats all the argument about 'didnt you know you would be separated from your family?'. Lets call a spade a spade - I am sure you would talk differently if the shoe was on the other foot. Most people in Canada (even visa officers) are immigrants anyway but seem to forget that as soon as they become citizens.

If a family or someone overstays, is the Canadian government powerless to do something about it?

 

[blueivory]

And as a side note, there is no appeal on an SOWP. You are looking at judicial review and the level of compassion in that process is non existent.

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=180&top=17

Thank you. But despite the non-existent compassion, people are still successful at this. At least a judge does not have the blind reservations of a visa officer and can see things clearly without judging based on intentions they are imagining in their own minds.

 

[dr_jaat]

As mentioned already, there is no appeal option for temporary resident visa applications. Foreign nationals do not have same rights as Canadian PR and citizen, and even refugees. There is no provision of appeals for temp. You will need to go through the judicial review process (if you want to take that route). The Onus is on you to prove that the officer erred in law in making the negative decision on file. There is so much discretion on the temporary resident visa applications, it is not worth in majority of the cases. Also, very expensive.

 

[k.h.p.]

Thank you. But despite the non-existent compassion, people are still successful at this. At least a judge does not have the blind reservations of a visa officer and can see things clearly without judging based on intentions they are imagining in their own minds.

A judge doesn't get to exercise compassion - you have to convince a judge that there was an error in the application of the law.

It will cost quite a few thousand dollars to go through this process.

I wish you luck.

 

[k.h.p.]

What makes the decision valid? Simply because I applied alone at first? spouses of students from India and China are granted sowp by the bucket, even though their spouses were their 'anchors' when they were granted the study permits. I am doing a thesis study and cannot find the time to travel home - should they not be compassionate enough to grant them even a visit visa? Why would someone with perfect immigration records want to spoil it by overstaying here? My spouse has no intention to even work in Canada! Its because of this lack of compassion that emboldens the officers to be unfair in reaching decisions, especially for people in certain countries. hundreds are crossing the borders illegally and the Canadian government grants them work permits and takes forever to hear their cases. Yet people are seeking legal ways to visit the country and are being denied. No wonder illegal crossings keep increasing.

The decision is valid because a visa officer, who has discretion in issuing permits, reviewed the case and felt that having your family join you created a risk of overstay. They considered your country's rate of violation of visa rules, your family's travel history and demonstrated ability to abide by visa rules, and other factors.

Compassion is not a factor in visa approval, though it will undoubtedly enter a visa officer's analysis.

It seems that SOWP and visas for family of temporary residents is about 50/50 from what we've seen on the forum here.

Granting an sowp or a visitor visa should be on the strength of the eligibility of the applicant as stated on the IRCC website but the officers can hardly defend their refusals and that is why the CAIPS notes are all generic and no help. Good luck to the unfair and un-compassionate Canada immigration system. If separating families is their specialty, then they should state that boldly on their website and scrap the SOWP program then if it is a 'bogus' program. It is called spousal open work permit meant for the spouses and families of international students and those on PGWP!!! Its for your family to join you for the duration of your legal stay in Canada - and that defeats all the argument about 'didnt you know you would be separated from your family?'. Lets call a spade a spade - I am sure you would talk differently if the shoe was on the other foot. Most people in Canada (even visa officers) are immigrants anyway but seem to forget that as soon as they become citizens.

It is on the strength of the applicant - your family. But the visa officer gets to consider their ties to Canada (you) and then the combined likelihood of a visa violation. Visas are a privilege and they're not offered on a compassionate basis.

Family unification is not a goal of the student permit system.

Spousal open work permits are a privilege that is not always granted.

Many people in Canada are immigrants, and all save for the Indigenous people are descended from immigrants, yes, but not all of them came in by abusing the student permit system. No one forgets that they too were immigrants - but many immigrants look at the immigration system and see scores of students abusing the system (paying for a visa, studying basket weaving, getting a PGWP, and then PR) and think about the work they had to put in to getting PR and citizenship their way, and want to make sure the system is not abused.

If a family or someone overstays, is the Canadian government powerless to do something about it?

It is extremely expensive for the government to deport people, and involves sometimes decades of appeals - during which appellants can avail themselves of government assistance in some cases. Much cheaper to deny visas and fight appeals in court.

Visa officers have discretion. SOWPs are discretionary. You have to prove there was an error in law.