SOWP application taking too long to process

[rohithrn2012]

Hi,
Me and my wife came to canada on our study permits. She has a one year pgwp and I recently got approved for 3. We applied for her SOWP on May 30 2023 on the basis of my study permit but we still haven't received any approval. I recieved my 3 year PGWP a month ago and raised a webform adding it to the existing application. Is it typical to have such long processing times? And will the application procedure be done on the basis of my study permit or work permit?
Thanks in advance.

 

[Naturgrl]

Hi,
Me and my wife came to canada on our study permits. She has a one year pgwp and I recently got approved for 3. We applied for her SOWP on May 30 2023 on the basis of my study permit but we still haven't received any approval. I recieved my 3 year PGWP a month ago and raised a webform adding it to the existing application. Is it typical to have such long processing times? And will the application procedure be done on the basis of my study permit or work permit?
Thanks in advance.

Why didn’t she apply for a PGWP? Who got the study permit first?

 

[rohithrn2012]

Why didn’t she apply for a PGWP? Who got the study permit first?

She applied for her PGWP when her course completed last year and shes currently working on the basis of said PGWP. It will expire in coming February. We both received our study permits in 2021. She graduated in August of 2022 and recieved her PGWP in February 2023. I recieved my PGWP in October 2023. Hope I made it clear.

 

[Naturgrl]

She applied for her PGWP when her course completed last year and shes currently working on the basis of said PGWP. It will expire in coming February. We both received our study permits in 2021. She graduated in August of 2022 and recieved her PGWP in February 2023. I recieved my PGWP in October 2023. Hope I made it clear.

Who got their permit first - specific dates? Were you married before coming to Canada. This is important because if she is the first one to get the study permit then she is not eligible for a SOWP.

There are new rules that came into effect so your wife may not eligible for SOWP if she is considered the Principal Foreign National (PFN). This refers to the person/foreign national who first applied for temporary status in Canada – in this case, the student.

This loophole previously allowed spouses and common-law partners to “flip-flop” between who was the principal status holder (the student or the worker in a NOC 0, A, or B job), and then become the spousal open work permit holder themselves as their own spouse either went to school or began working in an eligible job. This was done in order to continue remaining in Canada as a temporary resident and gaining eligible work experience for a PR application, and will no longer be possible. (Copied from another site)

 

[rohithrn2012]

Who got their permit first - specific dates? Were you married before coming to Canada. This is important because if she is the first one to get the study permit then she is not eligible for a SOWP.

There are new rules that came into effect so your wife may not eligible for SOWP if she is considered the Principal Foreign National (PFN). This refers to the person/foreign national who first applied for temporary status in Canada – in this case, the student.

This loophole previously allowed spouses and common-law partners to “flip-flop” between who was the principal status holder (the student or the worker in a NOC 0, A, or B job), and then become the spousal open work permit holder themselves as their own spouse either went to school or began working in an eligible job. This was done in order to continue remaining in Canada as a temporary resident and gaining eligible work experience for a PR application, and will no longer be possible. (Copied from another site)

Hi,
We got married while we were in India after we got our visa stamped. We both got our study permit on the same day on 12 December 2021 which is the day we got into canada. Shes the one who got her PGWP first as she finished her program before me..

 

[Naturgrl]

Hi,
We got married while we were in India after we got our visa stamped. We both got our study permit on the same day on 12 December 2021 which is the day we got into canada. Shes the one who got her PGWP first as she finished her program before me..

So you entered Canada as married, and changed status from single. You filed taxes as married. This may the reason for the delay as she may not be eligible as she is considered the principal applicant. The date is when you applied for study permits. IRCC may be reviewing all documents and dates.

 

[rohithrn2012]

Yes, exactly. We have filed the tax returns jointly as married, with me being the primary applicant. Is there anything that we can do in case the application gets rejected?

 

[Naturgrl]

Yes, exactly. We have filed the tax returns jointly as married, with me being the primary applicant. Is there anything that we can do in case the application gets rejected?

Tax returns are separate from IRCC. When you entered Canada, you would have changed your status to married with IRCC. If IRCC considers her the Principal Foreign National and her SOWP is refused then she cannot work. She can change her status to visitor. She can try and find a job with a LMIA proving no Canadian or PR can do the job, only her. Then she applies for a closed work permit. Hopefully her SOWP will be approved.

 

[rohithrn2012]

Tax returns are separate from IRCC. When you entered Canada, you would have changed your status to married with IRCC. If IRCC considers her the Principal Foreign National and her SOWP is refused then she cannot work. She can change her status to visitor. She can try and find a job with a LMIA proving no Canadian or PR can do the job, only her. Then she applies for a closed work permit. Hopefully her SOWP will be approved.

Thank you for the information. Also just wanted to mention that when we came to Canada, I got the ppr before her. As per my knowledge we havent applied for a study permit when we came.

 

[Naturgrl]

Thank you for the information. Also just wanted to mention that when we came to Canada, I got the ppr before her. As per my knowledge we havent applied for a study permit when we came.

Again you will have to wait. When you entered you informed CBSA that you were married and changed your status. And now you say you got PPR and applied for study permit before her but entered on the same day.

 

[rohithrn2012]

Again you will have to wait. When you entered you informed CBSA that you were married and changed your status. And now you say you got PPR and applied for study permit before her but entered on the same day.

Apologies for the confusion. Let me reiterate..
On 26-07-2021: I recieved my ppr for studies
6-10-2021: She recieved her ppr for studies
1-12-2021: We got married
12-12-2021: We both arrived in canada and got our study permits.
13-10-2022: I received my study permit extension for my second program
1-2-2023: Wife recieved her PGWP with expiry date in Feb 2024
30-05-2023: We applied for SOWP
7-10-2022: I received my PGWP
26-10-2022: We raised a webform attaching my PGWP with the application

We tried calling IRCC and the agent informed that they received the webform and that the application is still under processing.

Adding to your comment about informing CBSA about status change on entry, we havent done anything like that when we arrived. We weren't aware that we should do that on arrival. Our understanding was to apply for an SOWP in the future.

 

[Naturgrl]

Apologies for the confusion. Let me reiterate..
On 26-07-2021: I recieved my ppr for studies
6-10-2021: She recieved her ppr for studies
1-12-2021: We got married
12-12-2021: We both arrived in canada and got our study permits.
13-10-2022: I received my study permit extension for my second program
1-2-2023: Wife recieved her PGWP with expiry date in Feb 2024
30-05-2023: We applied for SOWP
7-10-2022: I received my PGWP
26-10-2022: We raised a webform attaching my PGWP with the application

We tried calling IRCC and the agent informed that they received the webform and that the application is still under processing.

Adding to your comment about informing CBSA about status change on entry, we havent done anything like that when we arrived. We weren't aware that we should do that on arrival. Our understanding was to apply for an SOWP in the future.

So you didn’t inform immigration when you entered that you were married, so you entered as single. That is misrepresentation. Your IRCC files will state that you are both single. So there will be an issue because she applied for a SOWP but your files say you are single. You have had over two years to update your IRCC files to married. All you can do is wait.

 

[rohithrn2012]

So you didn’t inform immigration when you entered that you were married, so you entered as single. That is misrepresentation. Your IRCC files will state that you are both single. So there will be an issue because she applied for a SOWP but your files say you are single. You have had over two years to update your IRCC files to married. All you can do is wait.

All the documents that we applied for after reaching Canada indicated that we are married. I.e, my new study permit, her PGWP and my PGWP. As mentioned earlier we also did our tax filing together. So I don't understand how thats misinterpretation.

 

[Naturgrl]

All the documents that we applied for after reaching Canada indicated that we are married. I.e, my new study permit, her PGWP and my PGWP. As mentioned earlier we also did our tax filing together. So I don't understand how thats misinterpretation.

Because you lied when you entered Canada and first received your study permits. Read IRCC rules that you must update files if there is a change in your status. All you had to do was say you were now married and showed proof. When did you actually correct the change? When did you get your new study permit - outside Canada? Did she change her IRCC account as a student? This is why it may be taking so long for a response because your initial entry into Canada makes no reference to being married. Assume you downloaded marriage certificates and documentation for proof. IRCC would require it.