A lot SOWP Rejections for having study permit less than six months

[luvanuj]

Hey Guys,

I have come across a lot of rejections from India who have been refused for the following

You do not qualify for the IMP Public Policy as your spouse’s study permit in Canada is valid for less than six months from today. Refused under R205(c)(ii).

I do not see this as valid. On the IMP public policy page, you can clearly see there is no such requirement under the C42. I am wondering if anyone tried to appeal or ask for reconsideration citing the officers misunderstanding.


Eligibility
Applicants must provide evidence that they are the spouse or common-law partner of a study permit holder who is a full-time student at either

• a public post-secondary institution, such as:
  • a college
  • trade/technical school
  • university
  • CEGEP in Quebec
• a private post-secondary institution that operates under the same rules and regulations as a public post-secondary institution in Quebec
• a private or public secondary or post-secondary institution (in Quebec) offering qualifying programs of 900 hours or longer leading to a diploma of vocational studies or an attestation of vocational specialization
• a Canadian private institution authorized by provincial statute to confer degrees (for example, a bachelor’s degree, master’s or doctorate) but only if the student is enrolled in one of the programs of study leading to a degree, as authorized by the province and not in just any program of study offered by the private institution.

Spouses or common-law partners of full-time students are eligible for open or open/restricted work permits, depending on whether a medical examination has been passed. There is no need for an offer of employment before issuing a work permit.

 

[PMM]

HI

Hey Guys,

I have come across a lot of rejections from India who have been refused for the following

You do not qualify for the IMP Public Policy as your spouse’s study permit in Canada is valid for less than six months from today. Refused under R205(c)(ii).

I do not see this as valid. On the IMP public policy page, you can clearly see there is no such requirement under the C42. I am wondering if anyone tried to appeal or ask for reconsideration citing the officers misunderstanding.


Eligibility
Applicants must provide evidence that they are the spouse or common-law partner of a study permit holder who is a full-time student at either

• a public post-secondary institution, such as:
  • a college
  • trade/technical school
  • university
  • CEGEP in Quebec
• a private post-secondary institution that operates under the same rules and regulations as a public post-secondary institution in Quebec
• a private or public secondary or post-secondary institution (in Quebec) offering qualifying programs of 900 hours or longer leading to a diploma of vocational studies or an attestation of vocational specialization
• a Canadian private institution authorized by provincial statute to confer degrees (for example, a bachelor’s degree, master’s or doctorate) but only if the student is enrolled in one of the programs of study leading to a degree, as authorized by the province and not in just any program of study offered by the private institution.

Spouses or common-law partners of full-time students are eligible for open or open/restricted work permits, depending on whether a medical examination has been passed. There is no need for an offer of employment before issuing a work permit.

1. If you had read the section on work permits. https://www.cic.gc.ca/english/work/apply-who-permit-result.asp?q1_options=1i&q2_options=2d

Types of work permits for your situation

You're a spouse or family member of someone working or studying temporarily in Canada
You may be eligible for an open work permit if you’re:

• a spouse of a skilled worker in an occupation under the National Occupational Classification (NOC) skill type 0, A or B approved to work in Canada six months or longer
• a spouse of someone applying for the Atlantic Immigration Pilot Program in a job under NOC 0, A, B or C
• a spouse of a foreign student at a public post-secondary school, such as a college or university or collège d’enseignement général et professionnel (CEGEP) in Quebec
• a family member of a foreign representative, or
• a family member of a foreign military member who is working in Canada

Don't think any appeal would work.

 

[Uzairazhar55]

Hey Guys,

I have come across a lot of rejections from India who have been refused for the following

You do not qualify for the IMP Public Policy as your spouse’s study permit in Canada is valid for less than six months from today. Refused under R205(c)(ii).

I do not see this as valid. On the IMP public policy page, you can clearly see there is no such requirement under the C42. I am wondering if anyone tried to appeal or ask for reconsideration citing the officers misunderstanding.


Eligibility
Applicants must provide evidence that they are the spouse or common-law partner of a study permit holder who is a full-time student at either

• a public post-secondary institution, such as:
  • a college
  • trade/technical school
  • university
  • CEGEP in Quebec
• a private post-secondary institution that operates under the same rules and regulations as a public post-secondary institution in Quebec
• a private or public secondary or post-secondary institution (in Quebec) offering qualifying programs of 900 hours or longer leading to a diploma of vocational studies or an attestation of vocational specialization
• a Canadian private institution authorized by provincial statute to confer degrees (for example, a bachelor’s degree, master’s or doctorate) but only if the student is enrolled in one of the programs of study leading to a degree, as authorized by the province and not in just any program of study offered by the private institution.

Spouses or common-law partners of full-time students are eligible for open or open/restricted work permits, depending on whether a medical examination has been passed. There is no need for an offer of employment before issuing a work permit.

I think one can appeal on this, as there is no regulation or any law that says that international students should have six or more than six months available on their permit. VOs should know that students will apply for PGWP after their SP expires. I have seen people getting 2,3 and even 1 month of SOWP. Of course, it comes down onto agent at POE who can validate your WP or give you a visitor status on the entry.
But yes it is literally foul play by a VO if they reject visa on such basis.

 

[scylla]

I think one can appeal on this, as there is no regulation or any law that says that international students should have six or more than six months available on their permit. VOs should know that students will apply for PGWP after their SP expires. I have seen people getting 2,3 and even 1 month of SOWP. Of course, it comes down onto agent at POE who can validate your WP or give you a visitor status on the entry.
But yes it is literally foul play by a VO if they reject visa on such basis.

Yes, there is such a regulation. See PMM's post above.

 

[Uzairazhar55]

Yes, there is such a regulation. See PMM's post above.

My apologies if I am not understanding the clauses. But the highlighted section says "Spouse of a Skilled worker.... approved to work for six months or longer"
Doesn't say any such thing for a spouse of international student. Section for international student is mentioned separately, without clause of Six Months.

 

[luvanuj]

Yes, there is such a regulation. See PMM's post above.

I don't think that is a correct interpretation. The spouse is eligible since she is a student in college and has a valid work permit. It does not say have to be valid for six months or longer. The above link I shared of the IMP public page has the same information.

• a spouse of a foreign student at a public post-secondary school, such as a college or university or collège d’enseignement général et professionnel (CEGEP) in Quebec

 

[canuck78]

Hey Guys,

I have come across a lot of rejections from India who have been refused for the following

You do not qualify for the IMP Public Policy as your spouse’s study permit in Canada is valid for less than six months from today. Refused under R205(c)(ii).

I do not see this as valid. On the IMP public policy page, you can clearly see there is no such requirement under the C42. I am wondering if anyone tried to appeal or ask for reconsideration citing the officers misunderstanding.


Eligibility
Applicants must provide evidence that they are the spouse or common-law partner of a study permit holder who is a full-time student at either

• a public post-secondary institution, such as:
  • a college
  • trade/technical school
  • university
  • CEGEP in Quebec
• a private post-secondary institution that operates under the same rules and regulations as a public post-secondary institution in Quebec
• a private or public secondary or post-secondary institution (in Quebec) offering qualifying programs of 900 hours or longer leading to a diploma of vocational studies or an attestation of vocational specialization
• a Canadian private institution authorized by provincial statute to confer degrees (for example, a bachelor’s degree, master’s or doctorate) but only if the student is enrolled in one of the programs of study leading to a degree, as authorized by the province and not in just any program of study offered by the private institution.

Spouses or common-law partners of full-time students are eligible for open or open/restricted work permits, depending on whether a medical examination has been passed. There is no need for an offer of employment before issuing a work permit.

OWP aren't guaranteed for spouses of international students. You are elligible to apply if you meet certain conditions.

 

[luvanuj]

OWP aren't guaranteed for spouses of international students. You are eligible to apply if you meet certain conditions.

Just wanted to give an update. After the reconsideration request through the webform, the visa officer approved the application. The student visa was valid for less than 6 months.