Online SOWP Application Refusal

[astasi]

Hello,

I applied online for SOWP & Open Study Permit on March 21st and today I received a notification in MyCIC account that the OWP application has been refused and the reason for refusal was:

"You have not demonstrated that you come within the exceptions under section 186 of the regulations
exempting you from the requirement to obtain a work permit or that your employment in Canada comes
within the exceptions to section 203 of the regulations. As a result, your offer of employment must be the
subject of an economic effect determination before a work permit can be issued to you. Your employer in
Canada should contact the local office of the Department of Human Resources and Skills Development
Canada to begin this process."

The spouses of skilled workers are LMO exempted and I had clearly mentioned that we are applying for an open work permit under spousal category of skilled foreign worker.

The open study permit application of my child is still open and has yet not been refused or processed.

My work permit is expiring on October 15th not leaving me with much time in hand.

What are my options besides reapplying?

Thanks in advance.

 

[astasi]

Hello,

My family got their TRVs yesterday from Delhi High Commission. It comes as a big relief and much satisfaction after the unfortunate refusal of my spouse's SOWP the first time.

Good luck to all those who are still waiting.

God bless.

 

[lnahar]

SOS post: SOWP refused 4 times and seeking expertise advise.
Hi, my husband's SOWP has refused 4 times. 1st for study visa in 2011, 2nd for WP (applied instead of OWP, by mistake through consultant) in January 2018, 3rd for visit visa in February 2018, 4th for OWP in September 2018. I was full time student during his last OWP application. We got GCMS notes through the help of local MP office. The reason for refusal is:
1. We were married shortly within days of wife's departure to study in CDA for fall 2017 ( as mentioned in relationship letter- proof wedding pics, relationship history, chat message).
2. Applicants earned CAD$8k per annum, but provided funds many times more than earned income, also fluctuating deposits and withdrawals. Not satisfied, funds would remain. Noted applicants provided info of parents funds.
3,Travel pattern: none beyond Bangladesh.
4. App is not guaranteed employment upon arrival in CDA, nor app possess required skills/ certification/ language ability to get employment in CDA.
5.Both wife and app dependent on parents' funds.
6. Both wife and app in canada, no family ties to return outside canada.
Overall, not satisfied that app will return back after end of authorized period.
Now with below changes I am willing to apply for my spouse again.
1. I am on my PGWP and have 2 years 8 months validity. I am doing NOC B job as customs consultant full-time.
2. App has been promoted in job in BD, salary increased to $1200K per annum. (last time also provided no objection certificate from job that will return)
3. Visited india, Malaysia, thailand, singapore last 1 year for travel history.
4. App completed BBA, MBA from private university in BD in 2015, then joined job as HR executive in construction company( 5 years experience).
5. App is going to attend IELTS next month.
6. Both app and wife is eligible to support themselves with income. (my annual income: 37000 cad)
7. App has several properties in Bd and all relatives in BD. Last time 10 land deeds have given to show country tie proof.
With the above changes , I want to apply for my sowp again. My question is:
1. Should we apply for OWP again or wait 1 year until my PR application process. I am eligible to apply for my PR next year and if I apply for OWP now and it is refused again, will that have any impact for PR application approval results?
2. We had 11 yrs of relationship before marriage, then 3 yrs of marriage life. We provided wedding photos, pics with family and friends, Fb messenger chat history. However, how I can compile 3 years of Fb chat history for the relationship proof? Is there any app to compile the chat history?
3. I have contacted with an immigration lawyer in Vancouver. For initial consultant he charged me 200 cad. But, even after that he didn't give me strategic answers, but he said he will try his best to make the application the best possible way. Now in this situation, I am in dilemma that should I go for his service or I should wait until my PR application process?

I will greatly appreciate your advise. Thanks in advance!

 

[Pdiwan]

Hi
I am not expert
But have gone through same situation.
You should definitely apply again but with a strong application.
Make sure to write a letter of explanation explaining all refusals.
For proof of relationship include all receipts of gifts transfers, money transfers.
For fb chat just take screenshot of different years. Try to include fb posts and include the screenshot of people commenting on your pictures.
Make sure to support your application with accurate job letter nd accurate bank statement too. Hope this helps.

 

[canuck78]

SOS post: SOWP refused 4 times and seeking expertise advise.
Hi, my husband's SOWP has refused 4 times. 1st for study visa in 2011, 2nd for WP (applied instead of OWP, by mistake through consultant) in January 2018, 3rd for visit visa in February 2018, 4th for OWP in September 2018. I was full time student during his last OWP application. We got GCMS notes through the help of local MP office. The reason for refusal is:
1. We were married shortly within days of wife's departure to study in CDA for fall 2017 ( as mentioned in relationship letter- proof wedding pics, relationship history, chat message).
2. Applicants earned CAD$8k per annum, but provided funds many times more than earned income, also fluctuating deposits and withdrawals. Not satisfied, funds would remain. Noted applicants provided info of parents funds.
3,Travel pattern: none beyond Bangladesh.
4. App is not guaranteed employment upon arrival in CDA, nor app possess required skills/ certification/ language ability to get employment in CDA.
5.Both wife and app dependent on parents' funds.
6. Both wife and app in canada, no family ties to return outside canada.
Overall, not satisfied that app will return back after end of authorized period.
Now with below changes I am willing to apply for my spouse again.
1. I am on my PGWP and have 2 years 8 months validity. I am doing NOC B job as customs consultant full-time.
2. App has been promoted in job in BD, salary increased to $1200K per annum. (last time also provided no objection certificate from job that will return)
3. Visited india, Malaysia, thailand, singapore last 1 year for travel history.
4. App completed BBA, MBA from private university in BD in 2015, then joined job as HR executive in construction company( 5 years experience).
5. App is going to attend IELTS next month.
6. Both app and wife is eligible to support themselves with income. (my annual income: 37000 cad)
7. App has several properties in Bd and all relatives in BD. Last time 10 land deeds have given to show country tie proof.
With the above changes , I want to apply for my sowp again. My question is:
1. Should we apply for OWP again or wait 1 year until my PR application process. I am eligible to apply for my PR next year and if I apply for OWP now and it is refused again, will that have any impact for PR application approval results?
2. We had 11 yrs of relationship before marriage, then 3 yrs of marriage life. We provided wedding photos, pics with family and friends, Fb messenger chat history. However, how I can compile 3 years of Fb chat history for the relationship proof? Is there any app to compile the chat history?
3. I have contacted with an immigration lawyer in Vancouver. For initial consultant he charged me 200 cad. But, even after that he didn't give me strategic answers, but he said he will try his best to make the application the best possible way. Now in this situation, I am in dilemma that should I go for his service or I should wait until my PR application process?

I will greatly appreciate your advise. Thanks in advance!

How much time have you spent in person as a couple since you came to Canada to study?

 

[lnahar]

Hi
I am not expert
But have gone through same situation.
You should definitely apply again but with a strong application.
Make sure to write a letter of explanation explaining all refusals.
For proof of relationship include all receipts of gifts transfers, money transfers.
For fb chat just take screenshot of different years. Try to include fb posts and include the screenshot of people commenting on your pictures.
Make sure to support your application with accurate job letter nd accurate bank statement too. Hope this helps.

Thanks for your reply. Last time during the application we provided all the required documents. Hope this time it will work out. Did you apply yourself or applied through immigration lawyer?

 

[lnahar]

How much time have you spent in person as a couple since you came to Canada to study?

Thanks for asking. Its been 3 years since I came to Canada. Last year, I went to visit him in BD for a month.

 

[Pdiwan]

Hi
I spent nearly 15days after my wedding at my place and then returned to Canada. My husband had study permit refusal earlier too. He got his SOWP after 3 years.

 

[lnahar]

Thanks for sharing your experience. I came to Canada after 6 days of marriage. I explained in my letter about the situation. Its been now 3 years of our marriage and with 4 refusals, it has become difficult now. This is really frustrating and very ambiguous that what exactly they want to see.

 

[canuck78]

Thanks for asking. Its been 3 years since I came to Canada. Last year, I went to visit him in BD for a month.

At least you went to visit him for a month. Without that the odds would be much lower.