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Open Work Permit Visa Refused

Cotton_Candy

Newbie
Feb 24, 2016
8
0
Hi all,

I applied for my Open Work Permit Visa on 12th Jan through VFS centre,Chennai. On 22 Feb I received the rejection letter. My husband is currently a student in Humber college and he is also working part time. When I submitted my application, I also showed his part time pay slips.

These are all the documents that I submitted:
Documents from me:
Original Passport
Photos
Application forms
All education certificates
Present employer offer / reference letter
Previous employment experience certificates
Pay slips and salary a/c statements latest 3 months
IT returns last 2 years
Joint Savings account statements
Marriage certificate
Wedding card & wedding pictures
Medical Receipt
Communication proofs

Documents from Spouse (Canada):
Complete Passport copy & all visa copies
Invitation letter
All education certificates
Student ID card copy
Confirmation of enrollment from Humber
Welcome letter from Humber
Tuition fees paid receipt
IELTS Score card
SIN Number
Savings account statements
Bank account
Sanctioned education loan letter
Rental agreement
NOC from landlord

Documents from my parents (financial sponsors)
Affidavit of support
Any ID proof (PAN Card copy)
Savings account statements
Fixed Deposit copies and confirmation letters from bank
Salary Account statements
Employment reference letter
Income tax document
Property sale deed - Joint property

The refusal letter from the Canadian Consulate,Bangalore states the following:

1) you have not satisfied me that you would leave Canada by the end of the period authorized for your stay. In reaching this decision, I consider several factors including:
Length of proposed stay in Canada
2) Other reasons:
you do not meet the eligibility criteria to obtain a work permit

What do you think could be the reason and how should I make my case stronger when I re-apply next time? I'm also planning to seek the GCMS notes before re-applying to see what the specific reasons are.
 

GreenHak

Star Member
Dec 18, 2015
138
4
Category........
Visa Office......
India
NOC Code......
N/A
Job Offer........
Pre-Assessed..
App. Filed.......
26-02-2016 - Paper Application
Doc's Request.
Not Requested
IELTS Request
N/A
File Transfer...
01-03-2016
Med's Request
Upfront
Interview........
N/A
Passport Req..
Submitted with Application
VISA ISSUED...
04-05-2016
Hi,

1) you have not satisfied me that you would leave Canada by the end of the period authorized for your stay. In reaching this decision, I consider several factors including:
Length of proposed stay in Canada


Did you attached any Cover Letter explaining your intention ?

Did you mentioned your proposed length of stay in your application or letters? If yes, what is the length of stay you mentioned ?

Did you ever travelled out of India ?

The above reason refusal reason states that your ties back home is less and that makes the visa officer believe you will not return back.

you do not meet the eligibility criteria to obtain a work permit

There are chances that your application was mistakenly assessed as a regular work permit application or some other type of work permit application. You should mention in your cover letter what type of work permit you are applying and what makes you eligible.

I would suggest you to get CAIPS and know the real reason behind the decision and apply again after solving the issues mentioned in the CAIPS.

And try to show all the money for your expenses in your position and avoid sponsorship for SOWP. As far as I know, CIC honour sponsorships only when the sponsor is in Canada and inviting relations abroad with a filled sponsorship undertaking agreement.

I am in the same position but I am yet to apply. I will be applying in Chennai as well. I can clearly understand what kind of situation you are going through now.

Good luck.
 

mahi0204

Full Member
Jan 11, 2016
21
1
Am I really reading this?? Sorry but it's funny. You can only apply for open work permit if your husband currently holds a open work permit and if your husband has a skilled job to support you.
 

Cotton_Candy

Newbie
Feb 24, 2016
8
0
mahi0204 said:
Am I really reading this?? Sorry but it's funny. You can only apply for open work permit if your husband currently holds a open work permit and if your husband has a skilled job to support you.
the official Canadian visa page says:
If you are an international student studying full-time and have a valid study permit, your spouse or common-law partner can apply for an open work permit. Having an open work permit enables your spouse or partner to work on or off campus full-time while you study
 

Cotton_Candy

Newbie
Feb 24, 2016
8
0
GreenHak said:
Hi,

1) you have not satisfied me that you would leave Canada by the end of the period authorized for your stay. In reaching this decision, I consider several factors including:
Length of proposed stay in Canada


Did you attached any Cover Letter explaining your intention ?

Did you mentioned your proposed length of stay in your application or letters? If yes, what is the length of stay you mentioned ?

Did you ever travelled out of India ?

The above reason refusal reason states that your ties back home is less and that makes the visa officer believe you will not return back.

you do not meet the eligibility criteria to obtain a work permit

There are chances that your application was mistakenly assessed as a regular work permit application or some other type of work permit application. You should mention in your cover letter what type of work permit you are applying and what makes you eligible.

I would suggest you to get CAIPS and know the real reason behind the decision and apply again after solving the issues mentioned in the CAIPS.

And try to show all the money for your expenses in your position and avoid sponsorship for SOWP. As far as I know, CIC honour sponsorships only when the sponsor is in Canada and inviting relations abroad with a filled sponsorship undertaking agreement.

I am in the same position but I am yet to apply. I will be applying in Chennai as well. I can clearly understand what kind of situation you are going through now.

Good luck.

thank you for your reply. Yes, I have mentioned in my cover letter that I will leave Canada after my visa expires. For strong home ties, I should a property that I jointly own along with my mother. I m working in a MNC for the past 8 years and I have showed those details as well. To be exact this is the text from my cover letter:

Purpose of Travel:
"I want to stay with my spouse and develop more understanding and nourish my relationship with him, I want to stay with my spouse and be a support in his every step of life. I want to be with him in good and bad of life, want to rejoice his success. My main purpose of travelling to Canada is to spend time with my spouse and provide him moral support while he is in Canada. We will return to India before our visas expire. We both miss each other and we are in continuous contact with each other over phone calls and Facebook. I am enclosing our chat history for your kind reference and also photos to prove our claimed relationship."

I have previously travelled to USA and I still have a valid multiple entry B1/B2 visa. I did not overstay and I went there only for a week's business meeting.

As you have said, i hope there was a mistake in the assessment. The CAIPS should explain everything. I'm just hoping I can get through next time.
 

scylla

VIP Member
Jun 8, 2010
93,662
20,949
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
mahi0204 said:
Am I really reading this?? Sorry but it's funny. You can only apply for open work permit if your husband currently holds a open work permit and if your husband has a skilled job to support you.
Not true at all. You should read up on the open work permit rules. Spouses of international students qualify.
 

scylla

VIP Member
Jun 8, 2010
93,662
20,949
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
What length of time is still left in your husband's studies? Is it more than six months? Is his study permit still valid for more than six months?
 

Cotton_Candy

Newbie
Feb 24, 2016
8
0
scylla said:
What length of time is still left in your husband's studies? Is it more than six months? Is his study permit still valid for more than six months?
His study permit is valid until August 2017. He went to Canada on 12th September 2015 and he is doing his second semester now.
 

GreenHak

Star Member
Dec 18, 2015
138
4
Category........
Visa Office......
India
NOC Code......
N/A
Job Offer........
Pre-Assessed..
App. Filed.......
26-02-2016 - Paper Application
Doc's Request.
Not Requested
IELTS Request
N/A
File Transfer...
01-03-2016
Med's Request
Upfront
Interview........
N/A
Passport Req..
Submitted with Application
VISA ISSUED...
04-05-2016
Cotton_Candy said:
His study permit is valid until August 2017. He went to Canada on 12th September 2015 and he is doing his second semester now.
Hi,

I suggest you to add his Semester-1 Marksheet and a reference letter from his personal tutor/supervisor/coordinator.

It will help you demonstrate that your husband is a genuine student currently enrolled in a full-time program in a DLI in Canada (This is the main criteria to be eligible for SOWP).

I will keep posted. Please check your PM.

Thanks.