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SOWP refusal, 2nd application

Naturgrl

VIP Member
Apr 5, 2020
39,767
8,176
Thank you for your reply, I came here to get some positive vibes... I will try as the funds are available. If denied I will have to wait till she apply for her PGWP... That will take more than 2years without seeing my family...!
Is she doing a Masters/PhD? If so, eligible for SOWP.
 

Lebaron03

Newbie
Jan 19, 2024
9
0
Is she doing a Masters/PhD? If so, eligible for SOWP.
No, she's on 2 years professional training diploma in Québec otherwise my worries would be less. About the funds, is acceptable that they are split into our two bank accounts right?
 

Naturgrl

VIP Member
Apr 5, 2020
39,767
8,176
No, she's on 2 years professional training diploma in Québec otherwise my worries would be less. About the funds, is acceptable that they are split into our two bank accounts right?
So is it a public DLI? Why didn’t you apply together? Yes, as long as funds are in either of your names.
 

Lebaron03

Newbie
Jan 19, 2024
9
0
So is it a public DLI? Why didn’t you apply together? Yes, as long as funds are in either of your names.
Yes it's a public DLI. As we had a temporary stay in our county of residence... To increase the chances We thought of using me as kind of "tie" and secure their approval instead of risking for all of us! They were approved in just 9 days!
 

Naturgrl

VIP Member
Apr 5, 2020
39,767
8,176
Yes it's a public DLI. As we had a temporary stay in our county of residence... To increase the chances We thought of using me as kind of "tie" and secure their approval instead of risking for all of us! They were approved in just 9 days!
So you were the tie. All you can do is try and show very strong ties to return.
 

canuck78

VIP Member
Jun 18, 2017
52,981
12,774
Okay, I will keep that in mind.
Thank you very much.
Would add that SOWP for international students was never guaranteed. Many get denied and were under the false impression that SOWP is guaranteed for spouses of international students. If you haven’t spent much time together in person during your marriage or relationship SOWP is more difficult in general for internationals students.
 

approvalplease

Star Member
Jun 20, 2023
166
18
Would add that SOWP for international students was never guaranteed. Many get denied and were under the false impression that SOWP is guaranteed for spouses of international students. If you haven’t spent much time together in person during your marriage or relationship SOWP is more difficult in general for internationals students.
Canuck I have a question. My first SOWP extension just got refused but I had submitted second while my original permit was still valid. However the officer told me I can no longer work at this time.

Since the ircc website says that I can,
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html

whose orders do I follow here? The processing officer or the bulletin.
 
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canuck78

VIP Member
Jun 18, 2017
52,981
12,774
Sadly people apply without their family to increase their chances of approval but they always comes with the risk that they may not secure an SOWP or study permit/TRV for their children. SOWP weren’t guaranteed before this announcement and many discovered when already in Canada or after deferring their admission that their spouse and/or children were denied permits/visas. Previously people needed to apply with their whole family if they wanted to be all together or didn’t want to come to Canada or risk being separated for years. Given this new rule many will now have zero chance of SOWP when they assume their family would just apply after them.

Hopefully your children are old enough to care for themselves or you are have a high salary abroad since as a single parent it can be impossible to work because childcare costs would use all the income you just earned.
 

canuck78

VIP Member
Jun 18, 2017
52,981
12,774
Canuck I have a question. My first SOWP just got refused but I had submitted second while my original permit was still valid. However the officer told me I can no longer work at this time.

Since the ircc website says that I can,
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html

whose orders do I follow here? The processing officer or the bulletin.
The IRCC announcement was very vague in terms of when all SOWP applications would be denied. Although it said in a few weeks they could have stopped approving SOWP right away. Who exactly said SOWP was no longer possible? IRCC phone customer service line? Unfortunately they have been known to give out incorrect information. Until you actually get denied I would wait and see what happens. There is still a chance of approval although would prepare for the likelihood of denial. Depending on your field of work and education you may be able to qualify to come to Canada based on your own merits.
 

approvalplease

Star Member
Jun 20, 2023
166
18
The IRCC announcement was very vague in terms of when all SOWP applications would be denied. Although it said in a few weeks they could have stopped approving SOWP right away. Who exactly said SOWP was no longer possible? IRCC phone customer service line? Unfortunately they have been known to give out incorrect information. Until you actually get denied I would wait and see what happens. There is still a chance of approval although would prepare for the likelihood of denial. Depending on your field of work and education you may be able to qualify to come to Canada based on your own merits.
no no no. Sorry let me clarify. My case is completely different
 

approvalplease

Star Member
Jun 20, 2023
166
18
The IRCC announcement was very vague in terms of when all SOWP applications would be denied. Although it said in a few weeks they could have stopped approving SOWP right away. Who exactly said SOWP was no longer possible? IRCC phone customer service line? Unfortunately they have been known to give out incorrect information. Until you actually get denied I would wait and see what happens. There is still a chance of approval although would prepare for the likelihood of denial. Depending on your field of work and education you may be able to qualify to come to Canada based on your own merits.
https://www.canadavisa.com/canada-immigration-discussion-board/threads/sowp-refused-help.833597/

Back in July I applied for SOWP ext based on this:

https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/permit/open-work-permit-holders.html

Officer rejected me today on the basis that I did not demonstrate that I have opt in letter. Which is ok and kina expected so just before my original permit expired in nov 30, 2023, I applied for a SP + SOWP ext based on new LOA. My expectation was that I would be able to work even if the initial extension got rejected. Actually ircc website says that. However, idk if I got a rookie processing officer but he told me that although my status is maintained from the other application I submitted in November, I am no longer authorized to work at this time.

However this goes contrary to the instruction that. If your first applcistion is refused but you submitted a second app while the original permit is still valid. You are still authorized to work until the verdict of the second app.

So my question is in this situation whose instructions takes precedence. And if it is the visa officer how can I get him to rectify this ASAP I have three children to feed.
 

canuck78

VIP Member
Jun 18, 2017
52,981
12,774
https://www.canadavisa.com/canada-immigration-discussion-board/threads/sowp-refused-help.833597/

Back in July I applied for SOWP ext based on this:

https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/permit/open-work-permit-holders.html

Officer rejected me today on the basis that I did not demonstrate that I have opt in letter. Which is ok and kina expected so just before my original permit expired in nov 30, 2023, I applied for a SP + SOWP ext based on new LOA. My expectation was that I would be able to work even if the initial extension got rejected. Actually ircc website says that. However, idk if I got a rookie processing officer but he told me that although my status is maintained from the other application I submitted in November, I am no longer authorized to work at this time.

However this goes contrary to the instruction that. If your first applcistion is refused but you submitted a second app while the original permit is still valid. You are still authorized to work until the verdict of the second app.

So my question is in this situation whose instructions takes precedence. And if it is the visa officer how can I get him to rectify this ASAP I have three children to feed.
What permit does your spouse have and when did it expire? Was he/she able to extend their permit?
 

approvalplease

Star Member
Jun 20, 2023
166
18
What permit does your spouse have and when did it expire? Was he/she able to extend their permit?
she was on SP I am on SOWP. Both exp nov 30,2023. But on Nov 21, we applied for ext so we are on implied.

however prior to that, based on policy in July as mentioned in link above I applied for 18 month ext for owp holders. That is the application that was just rejected. It took 6.5 months. However, the officer is saying I cannot work although I have another application in progress that was submitted while the original permit was valid.


Clearly that is nonsense though, since ircc clearly says you can still work. So I am asking what should I do. Does the visa officer words take precedence