Restoration of open work permit as a family member who included in a PR application.

[876rs]

Hello everyone,

My OWP application got rejected yesterday because the officer thought that I am applying under my spouse's PGOWP! The reason of rejection was "
You have not provided sufficient evidence to prove that your spouse is employed in an occupation that falls within the National Occupation Classification Skill level of 0, A or B. You may be eligible to re-apply for a work permit if you are able to provide proof that your spouse is a skilled worker in Canada, which may include a letter from your spouse’s employer, stating his/her job title, duties, and salary. If you cannot prove that your spouse is in a skilled occupation, your application for a work permit cannot be approved without a Labour Market Impact Assessment from Employment and Social Development Canada."

However, I spoke with IRCC on the phone before applying and they told me that I am eligible for OWP because my spouse has the PNP irrespective of the skill level of the principal applicant's occupation. So I applied for OWP extension. In the meantime, we submitted our PR application under PNP paper base and got the AOR. My spouse is the main applicant. I provided our application number for PR via IRCC web form. Unfortunately, the officer was silly and couldn't find out why I am applying for an OWP and didn't pay attention to either my spouse's PNP letter or under process PR application and rejected me. This cost me to lose my job and put me in restoration.
Now I'm going to restore and apply for OWP as a family member who included in a PR application.

My questions are:

1) Does anyone experience to complain about a final decision on IRCC through the webform? If yes, what was the result?
2) However, the officer asked me to provide my spouse proof of employment, are you agree that I am eligible to restore my status and apply for OWP as a family member who included in a PR application? IRCC link
3) When I'm writing my explanation letter to explain my right to be eligible for an OWP do I need to explain the misunderstanding happened in my previous application and why it rejected? OR it's better just to focus on the current application and explanation about the previous application can make it complicated?

Thank you for your help.

Hi there,
I was trying to apply on my cic account
But i didnot see an option to apply this work permit
Can you please tell me how to apply this in cic account
Thanks

 

[agnelsavery]

Thanks to share your opinion. Could you please tell me what’s the reason for?

It’s simple my friend
does your wife hold a provincially nominated exemption code T13 work permit ?

 

[876rs]

No i hold t13 work permit based on pnp

 

[876rs]

Can you please mention step by step on cic

where there ask what youwant in canada
And for how long
Because there is no option for c noc
They just ask are you a spouse of noc o a b

 

[canuck78]

Can you please mention step by step on cic

where there ask what youwant in canada
And for how long
Because there is no option for c noc
They just ask are you a spouse of noc o a b

You don't qualify for OWP based on applying for a PNP application. If your spouse only has a job in NOC C and you WP is based on her status then you don't qualify for a WP.

 

[agnelsavery]

No i hold t13 work permit based on pnp

Sorry I was answering the other member sanam.koodam

 

[876rs]

Yes i have noc c
Work is based on that
I donot have pgwp

 

[canuck78]

No i hold t13 work permit based on pnp

Based on what grounds were you granted the t13 WP? It is not based on PNP.


These are the potential reasons:
Foreign workers entering under a foreign worker annex or agreement
Federal–provincial or territorial foreign worker agreements, or foreign worker annexes to broader federal–provincial or territorial immigration agreements, include provisions that allow work permits to be issued without requiring a Labour Market Impact Assessment (LMIA) for certain temporary employment positions.
In 2015, certain foreign worker annexes expired, and some were renewed (e.g., those for British Columbia and Ontario). To view the foreign worker annexes in effect, see Federal-Provincial/Territorial Agreements.
Under the new foreign worker annexes, employment positions that may be considered for an LMIA exemption must fall under one of the following categories:

• Significant Investment Projects;
• Exceptional or Unforeseen Events (e.g., natural disasters); or
• Foreign worker protection.

The authority for the LMIA exemption is based on paragraph 204(c) of the Immigration and Refugee Protection Regulations (IRPR).

 

[876rs]

I donot have lmia
I have pnp with noc c
That except me for lmia
And its called t13 excemption code

 

[agnelsavery]

I donot have lmia
I have pnp with noc c
That except me for lmia
And its called t13 excemption code

hi 876rs,
i read the details you gave and you are exempt from LMIA
so what’s exactly do you need to know now ?

 

[876rs]

How to apply in cic account

 

[agnelsavery]

So you want to apply for a owp for your spouse based on your t13 exempt visa ?
correct

 

[876rs]

Yeah

 

[agnelsavery]

Okay got it now .....

 

[876rs]

But I did not see option on cic account for this