Accompanying Spouse's Open WP and child's Study Permit, both rejected; while Principal Applicant's Study Permit has been approved.

[SOFRED]

Hello all! Will appreciate help on this. I am principal applicant and my Study Permit (SP) has been approved (applied Dec, 20, 2019); however my spouse's Open Work Permit (OWP) and our child's SP (for elementary school) were both rejected (rejection letters dated January 22, 2020).

• Grounds on my spouse's rejection letter: 220(b) - sufficient funds to maintain her and her family members during her period of studying (???). Please note she will not be studying, she applied for an OWP.
• Grounds on my child's rejection letter: 220(a) - sufficient funds to pay tuition fee; 220(b) - sufficient funds; 216(1) won't leave Canada at the end of stay based on family ties; 216(1) won't leave Canada at the end of stay based on purpose of visit. Please note my child is 6-yrs old, will attend public elementary school, has no funds and will obviously won´t stay in Canada on her own.

So, how or why is the officer determining these refusals? My proof of funds were for the whole family and the amount was more than what is required. The purpose of an OWP is precisely she will work and get a job.

As per our representative's opinion, on January 30, 2020 they filed for us new applications for my spouse and child, providing even more financial funds and a Letter of Reconsideration signed by my spouse. Haven't received any news yet, but wondering if that is the best way to continue the process because we don´t want to be rejected again; we have to move shortly. Though I am wodering the convenience to request GCMS notes on my own.

So, you have any advice on this? TNX!!

 

[k.h.p.]

If you've applied again, all you can do is wait.

Be aware that applications like this are frequently refused. When you applied for your study permit, the visa officer granted you that likely based on having a wife and child in your home country - they are reasons why you will leave Canada at the end of your studies. With your wife and child in Canada, your risk of overstaying or not leaving Canada is greatly increased as you have no reason to leave.

 

[SOFRED]

If you've applied again, all you can do is wait.

Be aware that applications like this are frequently refused. When you applied for your study permit, the visa officer granted you that likely based on having a wife and child in your home country - they are reasons why you will leave Canada at the end of your studies. With your wife and child in Canada, your risk of overstaying or not leaving Canada is greatly increased as you have no reason to leave.

Thanks! And in the case the current applications are refused again... what would be the best action towards the approval of both permits. This, because it is a 2-years study program and would be quite a lot of time separated from family. So should they apply for a third time? or should I leave and begin studies and try to sponsor them from within Canada? Or any other form?

 

[k.h.p.]

If you get refused again, you can try to apply again, but you need to address the visa officer's concerns. If you're rejected a number of times, it becomes more difficult each time to apply again.

These forums are full of stories of spousal open work permits rejected.