I am on a Spousal Open Work Permit. My permit expired and I applied for a SOWP extension. Initially, I got a refusal from the visa officer stating that I was not able to provide sufficient evidence that my spouse was working in Canada. The refusal date is 5th January 2024. The refusal stated “You have not provided sufficient evidence to prove that your spouse/common-law is employed. You may be eligible to re-apply for a work permit if you are able to provide proof that your spouse/common-law is employed in Canada, which may include a letter from your spouse’s/common-law’s employer, stating his/her job title, duties, and salary. If you cannot prove that your spouse/common-law is employed, your application for a work permit cannot be approved without a Labour Market Impact Assessment from Employment and Social Development Canada. We also wish to advise you that your temporary resident status expired January 5, 2024.”
I immediately re-applied for a SOWP extension on 7th Jan with the restoration of status with all the supporting documents and explanation letter. I got another refusal on March 22, 2022 which is 75 days after the application was filed. The refusal stated “You have not provided sufficient evidence to prove that your spouse is employed in an occupation that falls within the National Occupation Classification Skill TEER level. 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”.
Now the question is If I can still stay within Canada if I re-apply for the restoration of status or apply for a reconsideration request with proper evidence to show that my spouse is employed in an occupation that falls within the National Occupation Classification Skill TEER level. It hasn’t been 90 days since I applied for the restoration of status for the first time, will I be able to stay in Canada if I apply for a reconsideration request or if I apply for restoration of status again with a new application? Shall I go for both options of re-applying for a work permit extension with the restoration of status and sending the reconsideration request with supporting documents to prove that fact that my spouse is employed in an occupation that falls within the National Occupation Classification Skill TEER level?
I immediately re-applied for a SOWP extension on 7th Jan with the restoration of status with all the supporting documents and explanation letter. I got another refusal on March 22, 2022 which is 75 days after the application was filed. The refusal stated “You have not provided sufficient evidence to prove that your spouse is employed in an occupation that falls within the National Occupation Classification Skill TEER level. 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”.
Now the question is If I can still stay within Canada if I re-apply for the restoration of status or apply for a reconsideration request with proper evidence to show that my spouse is employed in an occupation that falls within the National Occupation Classification Skill TEER level. It hasn’t been 90 days since I applied for the restoration of status for the first time, will I be able to stay in Canada if I apply for a reconsideration request or if I apply for restoration of status again with a new application? Shall I go for both options of re-applying for a work permit extension with the restoration of status and sending the reconsideration request with supporting documents to prove that fact that my spouse is employed in an occupation that falls within the National Occupation Classification Skill TEER level?