Hello everyone!
I'm writing this today with a lot of sorrow. I'm very upset to have gotten a refusal letter, especially because I've put so much effort into making this application.
Anyhow, a little background for context:
My husband is on PGWP and applied for his PR (under the AIP program) last year in 2025. We weren't married at the time, so I wasn't initially included in his application. In the meantime, he received his AOR. Fast forward to April, and he added me as his spouse to his PR application. I then applied for SOWP under the pretext of "Family members of permanent residence applicants". His job category puts him at TEER 2 with an NOC code that is NOT enlisted in the select TEER 2 list. But we read that the select TEER lists were published in January of 2025. Because my spouse is a PR applicant, we found out that it exempts us from the select TEER list. Family members of individuals who have submitted a PR application or who are transitioning to PR — including AIP applicants — are not subject to these 2025 changes, and IRCC processes their applications under the previous, more permissive eligibility criteria, where any TEER 0/1/2/3 occupation (broadly, the old skill levels 0/A/B) qualifies.
Now, in my LOE for the SOWP application, we stated very clearly that my husband was a PR applicant under the Atlantic Immigration Program, including his application number as his AOR, and proof that I was added to his application. My correspondence letter and the ODN state the following (copy/pasted):
"Upon completion of the assessment, I have determined that your application does not meet the requirements of IRPA and/or IRPR. I am refusing your application for the reason(s) outlined below
• Eligibility for a work permit in this category only applies to the spouse or common-law partner of a work permit holder who is doing work that is at a level that falls within National Occupational Classification (NOC) skill levels 0, A, or B."
"These notes were entered by the officer who assessed and made the final decision on your application. Reviewed. Principal applicant is applying for an open work permit under C41 (spouse of a high-skilled worker). The principal applicant in Canada is employed as an Assistant Branch Manager (NOC 62010, TEER 2). To be eligible under exemption code C41, the principal foreign national must be employed in an occupation that falls within the eligible TEER categories prescribed under the program requirements. NOC 62010 is not part of the selected categories under TEER 2. Therefore, applicant does not meet the eligibility requirements for the issuance of an open work permit under the C41 category. Accordingly, I am not satisfied that the applicant meets the requirements of R205(c)(ii). Application refused."
Now, first things first, this clearly looks AI-generated to me. We got the refusal in 2 days, FYI. It just seems crazy that it was processed this quickly and such a response was given to us. It broke my heart. Maybe it's because I'm so upset that I want to believe this was AI-generated. I don't know. Don't get me wrong, I'm grateful to have gotten the refusal sooner rather than later.
Anyhow, my husband went to a consultant who had really good reviews. He mentions that the way to deal with it is to email the province asking for a support letter for his endorsement certificate. For your kind information, his certificate entails all details about him, and he had informed them when we got married. At the time, they said they attached the new info to the file and wouldn't be giving out a new endorsement certificate. And as for the PR pathway applicant's spouse, it's apparently for only inland applications. This is something I cannot confirm anywhere.
We're waiting to contact a lawyer on the 11th. But I'm so lost and confused as to what should be my next step. Do we go for the consultant or the lawyer? Is the support letter really all that is needed? Why did they overlook the information about the PR on the SOWP application? Was it actually even overlooked, or is it something that doesn't matter, if so then why is the exemption mentioned so clearly? I can't stop asking these questions.
I'm sorry for the extremely long text, but without context, it's difficult to advise. I appreciate all responses. Thank you so much.
I'm writing this today with a lot of sorrow. I'm very upset to have gotten a refusal letter, especially because I've put so much effort into making this application.
Anyhow, a little background for context:
My husband is on PGWP and applied for his PR (under the AIP program) last year in 2025. We weren't married at the time, so I wasn't initially included in his application. In the meantime, he received his AOR. Fast forward to April, and he added me as his spouse to his PR application. I then applied for SOWP under the pretext of "Family members of permanent residence applicants". His job category puts him at TEER 2 with an NOC code that is NOT enlisted in the select TEER 2 list. But we read that the select TEER lists were published in January of 2025. Because my spouse is a PR applicant, we found out that it exempts us from the select TEER list. Family members of individuals who have submitted a PR application or who are transitioning to PR — including AIP applicants — are not subject to these 2025 changes, and IRCC processes their applications under the previous, more permissive eligibility criteria, where any TEER 0/1/2/3 occupation (broadly, the old skill levels 0/A/B) qualifies.
Now, in my LOE for the SOWP application, we stated very clearly that my husband was a PR applicant under the Atlantic Immigration Program, including his application number as his AOR, and proof that I was added to his application. My correspondence letter and the ODN state the following (copy/pasted):
"Upon completion of the assessment, I have determined that your application does not meet the requirements of IRPA and/or IRPR. I am refusing your application for the reason(s) outlined below
• Eligibility for a work permit in this category only applies to the spouse or common-law partner of a work permit holder who is doing work that is at a level that falls within National Occupational Classification (NOC) skill levels 0, A, or B."
"These notes were entered by the officer who assessed and made the final decision on your application. Reviewed. Principal applicant is applying for an open work permit under C41 (spouse of a high-skilled worker). The principal applicant in Canada is employed as an Assistant Branch Manager (NOC 62010, TEER 2). To be eligible under exemption code C41, the principal foreign national must be employed in an occupation that falls within the eligible TEER categories prescribed under the program requirements. NOC 62010 is not part of the selected categories under TEER 2. Therefore, applicant does not meet the eligibility requirements for the issuance of an open work permit under the C41 category. Accordingly, I am not satisfied that the applicant meets the requirements of R205(c)(ii). Application refused."
Now, first things first, this clearly looks AI-generated to me. We got the refusal in 2 days, FYI. It just seems crazy that it was processed this quickly and such a response was given to us. It broke my heart. Maybe it's because I'm so upset that I want to believe this was AI-generated. I don't know. Don't get me wrong, I'm grateful to have gotten the refusal sooner rather than later.
Anyhow, my husband went to a consultant who had really good reviews. He mentions that the way to deal with it is to email the province asking for a support letter for his endorsement certificate. For your kind information, his certificate entails all details about him, and he had informed them when we got married. At the time, they said they attached the new info to the file and wouldn't be giving out a new endorsement certificate. And as for the PR pathway applicant's spouse, it's apparently for only inland applications. This is something I cannot confirm anywhere.
We're waiting to contact a lawyer on the 11th. But I'm so lost and confused as to what should be my next step. Do we go for the consultant or the lawyer? Is the support letter really all that is needed? Why did they overlook the information about the PR on the SOWP application? Was it actually even overlooked, or is it something that doesn't matter, if so then why is the exemption mentioned so clearly? I can't stop asking these questions.
I'm sorry for the extremely long text, but without context, it's difficult to advise. I appreciate all responses. Thank you so much.