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SOWP based on my Spouse's student visa got rejected, any suggestions?

Bal_CAN

Member
Jun 12, 2016
18
9
Hello,

Im posting this with the intention that i would get some suggestions from experienced people and also my case might help future visa aspirants.

I had applied for Spouse open work permit (SOWP) with the support of Spouse student visa and Canada Consulate Officer (Bangalore, India) rejected my application with below reasons:
"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 considered several factors, including:
1. Your family ties in Canada and in your country of residence
2. Purpose of Visit"


Little background in my case, I have Canada Visitor Visa from 16/06/2016 and did not visit Canada after getting that. I got visitor visa to visit my friend before going there for work.
After my wife's student visa approval, i applied for OWP by submitting all docs to Bangalore VFS office.
Below are the docs i had submitted along with the application:
SI No. SELF Documents:
1 Original Passport along with a photocopy
2 Photos
3 Medical Report
4 Marriage Certificate and Photos
5 Marks Cards (10th, 12th, Bachelors, Masters)
6 CV
7 Cover Letter
8 Letter from Spouse
9 Experience Letters along with present Employer working letter
10 Present Job Description letter from Employer
11 ITRV/Form 16
12 Salary slips
13 Bank Statements
14 Insurance & Investments
15 Property Document (House & Bike)
16 Canada Visitor Visa photocopy
17 US B1/B2 Visa photocopy

SPOUSE documents:
18 Study Permit
19 Passport copy
20 College Acceptance Letter
21 College Fee Receipt
22 GIC letter
23 ITRV/Form 16
24 Bank Statements
25 Investments (Bank deposits)
26 Salary slips
27 PF statement

FAMILY documents:
28 Father’s ITRV
29 Brother’s ITRV
30 Sister’s ITRV/Form 16
31 Mother’s house rental Income
32 Mother’s car document

I understand that my visitor visa's "purpose of visit" was different than the OWP application, but that was my situation at the time of applying.
My friend in Canada had invited me for two weeks of stay in Canada for visitor visa application, apart from my friend I do not know anybody there, so there is no family ties in Canada.

Now, i am not sure what extra docs i should submit in my new application to get the OWP approved.
Any suggestions is highly appreciated.

Regards,
Bal
 

yadav

Hero Member
Jun 6, 2016
497
52
bro u if ur visitor is valid u can enter canada and change ur visitor to owp within canada also. y r u even wasting time applying for owp here. take ur flight tell ur visiting ur wife or ur frd and then extend to owp once ur clear.
 

Bal_CAN

Member
Jun 12, 2016
18
9
yadav said:
bro u if ur visitor is valid u can enter canada and change ur visitor to owp within canada also. y r u even wasting time applying for owp here. take ur flight tell ur visiting ur wife or ur frd and then extend to owp once ur clear.

Yadav,
Even after entering Canada, i should apply for OWP. So, i have to submit all documents including the documents that answers the previous rejected reasons.
 

yadav

Hero Member
Jun 6, 2016
497
52
u will have to but within canada u can easily get guidance of YMCA for ur paperwork. just go bro atleast u have the chance. by the way ur situation changes once ur in canada so u can find out in advance thru some people ehre who applied within canada so ui no wat documents u have to show there. i think its really easy once ur there cos mostly wat would matter is ur wifes documentation to support owp and finances which im sure u can manage for sure. try bro n plz dnt waste time applying here. im refused 4 times 2 for trv 2 owp in delhi. i really miss my wife. been trying since jan 2016 n so long nothing worked.
 

HARSH131010190

Star Member
Aug 28, 2015
129
0
yadav


if you are on visitor visa in canada .and applying for work permit then your work permit application goes to out side canada...it goes to new yourk visa office.
 

yadav

Hero Member
Jun 6, 2016
497
52
HARSH131010190,

i dnt no if it will go new york office or not. but u can surely apply within canada and it shld most probably be processed in a processing centre in canada only.
 

Bal_CAN

Member
Jun 12, 2016
18
9
Guys,

Only in some cases, you can only apply for a work permit from inside Canada if:

you, your spouse or parents have a valid study or work permit,
you have a work permit for one job but want to apply for a work permit for a different job,
you have a temporary resident permit that is valid for six months or more, or
you are in Canada because you have already applied for permanent residence from inside Canada. You will have to pass certain stages in the main application process before you can be eligible for a work permit.
There are other requirements as well.

If you are already in Canada as a visitor, you may not apply within Canada. You must apply for a work permit at a Canadian visa office:

responsible for the country where you live,
responsible for the country you are a citizen of, or
at a Canadian embassy or consulate in the United States of America.
You may be asked to go for an in-person interview at that office. If so, make sure you have all the documents you need to enter that country.
 

Bal_CAN

Member
Jun 12, 2016
18
9
Another interesting fact i found today...

Open work permit can be applied at port of entry.. Look at below explanation..


You can apply for a work permit when you enter Canada if you

do not need a temporary resident visa;
have all the required documents; and
meet the requirements for the type of work permit you are applying for.
An officer will make sure you meet all the requirements before you are allowed to enter Canada.

To apply for a work permit when you enter Canada, you must bring with you

your job offer and a positive Labour Market Impact Assessment (LMIA), which is a document from Employment and Social Development Canada that says the employer is allowed hire you; or
the offer of employment number that your employer received when they submitted the offer of employment through the Employer Portal if an LMIA is not needed.
You will also need

proof that you meet the qualifications and experience for the job you will do in Canada;
proof that you do not need an LMIA for the job you will do;
a valid medical certificate if you need it for your job or if you are from a designated country; and
a valid passport or other travel document.


You do not need to provide any documents from an employer if you are

exempt from the LMIA process; and
applying for an open work permit.
 

scylla

VIP Member
Jun 8, 2010
92,937
20,543
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
Bal_CAN said:
Another interesting fact i found today...

Open work permit can be applied at port of entry.. Look at below explanation..


You can apply for a work permit when you enter Canada if you

do not need a temporary resident visa;
have all the required documents; and
meet the requirements for the type of work permit you are applying for.
An officer will make sure you meet all the requirements before you are allowed to enter Canada.

To apply for a work permit when you enter Canada, you must bring with you

your job offer and a positive Labour Market Impact Assessment (LMIA), which is a document from Employment and Social Development Canada that says the employer is allowed hire you; or
the offer of employment number that your employer received when they submitted the offer of employment through the Employer Portal if an LMIA is not needed.
You will also need

proof that you meet the qualifications and experience for the job you will do in Canada;
proof that you do not need an LMIA for the job you will do;
a valid medical certificate if you need it for your job or if you are from a designated country; and
a valid passport or other travel document.


You do not need to provide any documents from an employer if you are

exempt from the LMIA process; and
applying for an open work permit.
This only applies if you are visa exempt and do not require a TRV to enter Canada. See the very first line of what you posted. You are not visa exempt - so this rule does not apply to you.
 

RDG

Newbie
Sep 12, 2016
9
0
getting TN visa

scylla said:
Hi,

Being a Canadian citizen and married to an international student who is in the USA on F1, is it possible to get TN visa to work in the USA. I also want to mention that once I have got withdrawal of application for admission for the USA.

My husband being there in the USA on F1 would create any issue in getting TN visa?

Any advice on this would be appreciated.

Thanks
 

Bal_CAN

Member
Jun 12, 2016
18
9
My OWP got approved based on Spouse student permit. If anybody needs info, please leave a message here.
 

mayuri.asrani

Full Member
May 31, 2016
44
1
Bal_CAN said:
My OWP got approved based on Spouse student permit. If anybody needs info, please leave a message here.
Hi Bal_CAn my application was refused today.. Can you let me know the docs you submitted the second time?
 

Justin william

Star Member
Oct 10, 2016
78
0
Hi mayuri ,

Sorrry to hear about your application,
What was the reason mentioned for refusal??
And your medical was passed if m not wrong??
:(
 

Bal_CAN

Member
Jun 12, 2016
18
9
mayuri.asrani said:
Hi Bal_CAn my application was refused today.. Can you let me know the docs you submitted the second time?
Hi,

Do not depend on what others do. If you have submitted all required docs and still refused, then you are missing something minor. I ask you to apply for GCMS/ATIP notes first. (Do not trust the reasons what is mentioned in the rejection letter.) Once you have clear points on what basis CIC rejected your application, then you can make a new application with counter proofs for those rejection points.

Apply GCMS notes in below link, usually it takes 30 days to get the info and only people who reside in Canada can apply for that, no matter he is a visitor/PR/student/worker/citizen. Sorry cannot paste link here, search for "atip cic" in google.

In my case reasons mentioned in rejection letter was different than in GCMS notes. After i got info from GCMS/ATIP , then i showed more money in my bank account that covered full college fees along with extra living expenses and also a strong tie in India with my property document highlighted and stated in a cover letter i would return back to India after my spouse's studies.

Note: If you want immediate response for your further queries, do mail me personally using same canadavisa.com site.