OSWP Refusal - Inland Application

[haileyng_]

Hi guys, I just want to ask about my common-law partner situation. Technically, he was on study permit before and he finished his program on September 02, 2022. He applied for his OSWP on October 02, 2022 following my condition of having the study permit up until July 31, 2022. However, his study permit will expire on November 30, 2022. In case the OSWP application is refused, will he be able to reapplied again right after that? And for the restoration of the status, saying that he didn't have any new LOA, can he restore his status as the temporary resident under study permit within the 90 days period?

If anyone had the same issue before, please instruct. Thank you for your help and much appreciate!

 

[scylla]

Hi guys, I just want to ask about my common-law partner situation. Technically, he was on study permit before and he finished his program on September 02, 2022. He applied for his OSWP on October 02, 2022 following my condition of having the study permit up until July 31, 2022. However, his study permit will expire on November 30, 2022. In case the OSWP application is refused, will he be able to reapplied again right after that? And for the restoration of the status, saying that he didn't have any new LOA, can he restore his status as the temporary resident under study permit within the 90 days period?

If anyone had the same issue before, please instruct. Thank you for your help and much appreciate!

Based on the information you've provided, he likely doesn't qualify for a SOWP. IRCC changed the rules around this last year (?) to prevent the principal foreign national from switching to a SOWP.

What were the refusal reasons stated?

I assume you are on a study permit?

 

[scylla]

Hi guys, I just want to ask about my common-law partner situation. Technically, he was on study permit before and he finished his program on September 02, 2022. He applied for his OSWP on October 02, 2022 following my condition of having the study permit up until July 31, 2022. However, his study permit will expire on November 30, 2022. In case the OSWP application is refused, will he be able to reapplied again right after that? And for the restoration of the status, saying that he didn't have any new LOA, can he restore his status as the temporary resident under study permit within the 90 days period?

If anyone had the same issue before, please instruct. Thank you for your help and much appreciate!

Sorry, I misread your post. It sounds like the SOWP hasn't been refused yet.

If the SOWP is refused, then it depends on how long that takes. He may be able to reapply right away or he may need to apply to restore his status. It will depend on the timing.

 

[haileyng_]

Sorry, I misread your post. It sounds like the SOWP hasn't been refused yet.

If the SOWP is refused, then it depends on how long that takes. He may be able to reapply right away or he may need to apply to restore his status. It will depend on the timing.

Thank you for the response! Technically, I don't know if he's able to stay and wait for the OSWP decision because this is a change to the temporary resident condition (from SP to OSWP). If he needs to restore his status, I don't think it's possible right? Cause when you restore the status of a SP holder, you have to have a LOA as I understand? May I ask if he's eligible to apply for visitor visa to stay and wait instead?

Much appreciated!