"Open Work Permit" Refused (under spousal sponsorship)

[mangolassi]

Hi everyone,

My post-grad application was returned (October 2015) due to incorrect fee payment and also because the application was incomplete, because the 90 days had past I couldn't reapply for it or appeal the decision. I approached a Member of Parliament after this incident and was granted a TRP (specifically says cannot be renewed) and Work Permit for a year (from March 2016 to March 2017) on humanitarian basis.

I have a spousal sponsorship for permanent residence application (submitted November 2015) in process now and based on my lawyers advice, I applied for a "open work permit". Yesterday, I received a letter of refusal for my open work permit application and the reason for the refusal was that the officer was not satisfied with my application. The lawyers office are advising me to apply for a TRP and reapply for open work permit based on my spousal sponsorship but I can't see how I will get a TRP and work permit when CIC already refused my open work permit application. Shouldn't the lawyer be advising me to appeal the refusal decision when there is a provision to apply for open work permit for applicants who have a permanent residency (spousal) application in process?

Is there anyone here who can help me? I am running out of time and I need to find a solution soon. I cannot afford to this job come March. Thank you so much for your help.

-mangolassi-

 

[canadianwoman]

Why was the officer not satisfied with your application for an open work permit? Were more details given in the refusal letter? If it is something you can fix, then reapplying makes sense.

 

[Alurra71]

If the OWP was not sent WITH your spousal application and instead sent separately that would be a cause for refusal since they have no idea about the spousal application. If you were not legal status at the time of your submission (all other factors being in place) that would also be a reason for refusal.

 

[scylla]

If the OWP was not sent WITH your spousal application and instead sent separately that would be a cause for refusal since they have no idea about the spousal application. If you were not legal status at the time of your submission (all other factors being in place) that would also be a reason for refusal.

I think this is probably the issue. It looks like you applied for PR once you were already out of status. So you don't qualify for the open work permit pilot and would only qualify for an OWP once you have AIP.

As an aside, it's too bad you didn't apply to restore your status to visitor after the PGWP was refused. That would have been the way to go to avoid these issues...

 

[Cross99]

According to this page here (cic.gc.ca/english/helpcentre/answer.asp?qnum=1163&top=17), applying for an OWP after submitting an Inland PR application is an option. It doesn't state if you'll get the OWP before or after AIP but it does confirm that failing to send the OWP application with the PR application is not grounds for refusal of OWP!

That being said, you do require status to apply for an OWP. There is high probability that the 'Humanitarian' Work Permit you currently possess does not confer status (not to sure of this though). If this is indeed the problem, you should apply for restoration of status and apply for the OWP again.

 

[mangolassi]

Why was the officer not satisfied with your application for an open work permit? Were more details given in the refusal letter? If it is something you can fix, then reapplying makes sense.

No details besides that he/she not being satisfied. Yes, I will have to reapply. Thank you

 

[mangolassi]

If the OWP was not sent WITH your spousal application and instead sent separately that would be a cause for refusal since they have no idea about the spousal application. If you were not legal status at the time of your submission (all other factors being in place) that would also be a reason for refusal.

No work permit application was sent with the spousal appication but got a work permit under humanitarian base and trying to apply for owp now because I have a spousal in process