SOWP refused.

[Rayyan2012]

Dear Team,

I recently applied for a Spousal Open Work Permit (SOWP), but it was refused. The refusal was based on the officer’s concern that I initially entered Canada on a visitor visa and later obtained my closed work permit through flagpoling. The officer questioned my intention to stay and extended this concern to my family.

I would like to know if I am eligible to reapply for my spouse’s open work permit at this stage, given that I am currently working in Canada on a valid LMIA-based closed work permit. Could you please advise me on the best way to address the officer’s concern in a new application?

 

[Naturgrl]

So you want a SOWP since "I recently applied"? Post the actual wording of refusal.

For SOWP, your NOC must be eligible, not expiring within the next 16 months and show ties to return. So spouse shows ties to return - job letter with approved leave, business, income property and children under 22.

 

[Rayyan2012]

According to the refusal letter, officer was stated that my family did not accompany me during my visit, and I was on a tourist visa but did not return, changing to a work permit through the flag poling process. I have submitted all the documents you mentioned, including strong ties to our home country. I also applied for my children's student visas, but they were all refused; all children are under 18. Could you please advise if there are any additional requests or documents to submit with my new application?

Thank you.

 

[Rayyan2012]

My NOC is valid until December 2027.

 

[Naturgrl]

My NOC is valid until December 2027.

What is your NOC?

So your family needs to show strong ties to return. You came on a TRV without your family with the intent to find work and flagpoled so you don't have ties to return. You came without your family and your family was your tie to return.

Your family, to be approved, all must show absolute ties to return. So they need to show business income and registration, income property, job letter with approved leave. Same for children - ties to return so school registration and paid tuition along with spouse's ties. Your spouse could apply alone and not bring the children.

What can your spouse include in documents to return? You are posting under from Moving from US to Canada so is your family in the US? Are they citizens?

 

[Copingwithlife]

According to the refusal letter, officer was stated that my family did not accompany me during my visit, and I was on a tourist visa but did not return, changing to a work permit through the flag poling process. I have submitted all the documents you mentioned, including strong ties to our home country. I also applied for my children's student visas, but they were all refused; all children are under 18. Could you please advise if there are any additional requests or documents to submit with my new application?

Thank you.

Then you weren’t really a visitor to begin with .
You came , children were the ties to return . You actively looked for a job while as a visitor . Jobs just don’t appear . Basically misrepresented your intentions as a visitor.

 

[canuck78]

According to the refusal letter, officer was stated that my family did not accompany me during my visit, and I was on a tourist visa but did not return, changing to a work permit through the flag poling process. I have submitted all the documents you mentioned, including strong ties to our home country. I also applied for my children's student visas, but they were all refused; all children are under 18. Could you please advise if there are any additional requests or documents to submit with my new application?

Thank you.

This may all be due to NOC. Are your family living in your home country? What is your home country? We may now be witnessing repurcussions of people misleading IRCC when they applied for a TRV but were really attempting to secure employment. When did you enter Canada as a visitor and when did you get a WP?

 

[scylla]

According to the refusal letter, officer was stated that my family did not accompany me during my visit, and I was on a tourist visa but did not return, changing to a work permit through the flag poling process. I have submitted all the documents you mentioned, including strong ties to our home country. I also applied for my children's student visas, but they were all refused; all children are under 18. Could you please advise if there are any additional requests or documents to submit with my new application?

Thank you.

If you haven't already, order your GCMS notes to see the full details of the refusal.

Ultimately it may end up being challenging to get the SOWP and study permits approved.

What country are you from? How much did you show in funds? What evidence of home ties did your spouse show?

 

[Rayyan2012]

This may all be due to NOC. Are your family living in your home country? What is your home country? We may now be witnessing repurcussions of people misleading IRCC when they applied for a TRV but were really attempting to secure employment. When did you enter Canada as a visitor and when did you get a WP?

I entered Canada on August 8, 2024, and enrolled to obtain my AZ license, which was a requirement for the LMIA with my new employer. After completing the training, I received my AZ license and did flagpoling on December 4, 2024. I was issued a work permit and started working with the company on payroll from December 25, 2024, and I am still continuing with the same employer.

I am from Pakistan. Please advise if possible reply with my new application what can bragging my approval chances ?

 

[Rayyan2012]

If you haven't already, order your GCMS notes to see the full details of the refusal.

Ultimately it may end up being challenging to get the SOWP and study permits approved.

What country are you from? How much did you show in funds? What evidence of home ties did your spouse show?

I am from Pakistan. I showed CAD 42,500 in funds in my bank account back home and in Canada. In addition, I uploaded property documents showing land worth approximately CAD 100,000 under my wife’s name and land with a house worth about CAD 250,000 under my name in my home country.
For your information, I previously visited Canada for 10 days and then returned to Dubai for my job. On my second visit, I received a job offer and an LMIA. My NOC is Truck Driver (TEER 3).
I also have my termination letter from my Dubai employer, which I received while I was in Canada on a visit visa.
Could you please advise me on the possible reasons I can provide in support of new application .

 

[Rayyan2012]

So you want a SOWP since "I recently applied"? Post the actual wording of refusal.

For SOWP, your NOC must be eligible, not expiring within the next 16 months and show ties to return. So spouse shows ties to return - job letter with approved leave, business, income property and children under 22.

I showed proof of funds of CAD 4,200, along with property worth approximately CAD 350,000 in my home country. My children are all under the age of 18. I also had a full-time job in Dubai before moving to Canada. Please advise on possible reasons I can provide in support of my new application.

 

[Rayyan2012]

If you haven't already, order your GCMS notes to see the full details of the refusal.

Ultimately it may end up being challenging to get the SOWP and study permits approved.

What country are you from? How much did you show in funds? What evidence of home ties did your spouse show?

Reason of refusal is given that I came on visit visa and my family was not along that time and then I covert to WP so my intimation was not visitor actually was to get job and stay here , I showed proof of funds of CAD 4,200, along with property worth approximately CAD 350,000 in my home country. My children are all under the age of 18. I also had a full-time job in Dubai before moving to Canada. Please advise on possible reasons I can provide in support of my new application.

 

[Rayyan2012]

What is your NOC?

So your family needs to show strong ties to return. You came on a TRV without your family with the intent to find work and flagpoled so you don't have ties to return. You came without your family and your family was your tie to return.

Your family, to be approved, all must show absolute ties to return. So they need to show business income and registration, income property, job letter with approved leave. Same for children - ties to return so school registration and paid tuition along with spouse's ties. Your spouse could apply alone and not bring the children.

What can your spouse include in documents to return? You are posting under from Moving from US to Canada so is your family in the US? Are they citizens?

I showed 350$ worth property back home country and funds of 42500$ in the account here and back home country . Now you advising that in my second application need to skip 2 iof my elder children’s and apply ?

 

[Naturgrl]

I am from Pakistan. I showed CAD 42,500 in funds in my bank account back home and in Canada. In addition, I uploaded property documents showing land worth approximately CAD 100,000 under my wife’s name and land with a house worth about CAD 250,000 under my name in my home country.
For your information, I previously visited Canada for 10 days and then returned to Dubai for my job. On my second visit, I received a job offer and an LMIA. My NOC is Truck Driver (TEER 3).
I also have my termination letter from my Dubai employer, which I received while I was in Canada on a visit visa.
Could you please advise me on the possible reasons I can provide in support of new application .

So you came to Canada as a visitor without your family with the intent to work in the future so you were never a true visitor. That is the issue as you lied. You used a TRV to get a LMIA with closed work permit. You got a TRV because you left your family behind. If you had all applied together then you probably would be refused. So now your family's permits will not be issued.

You need to show that your family has absolute ties to return, and explained why you lied on your TRV application (coming to find work). Simple as that. If spouse has land then show the tenancy agreements that must be settled only if she is in the country. Land itself can be sold. Show long term settlement where they are living now. Job letters, income property, investments, schooling.

Honestly going to be difficult because you were never a true visitor. Get a lawyer.

 

[Copingwithlife]

Reason of refusal is given that I came on visit visa and my family was not along that time and then I covert to WP so my intimation was not visitor actually was to get job and stay here , I showed proof of funds of CAD 4,200, along with property worth approximately CAD 350,000 in my home country. My children are all under the age of 18. I also had a full-time job in Dubai before moving to Canada. Please advise on possible reasons I can provide in support of my new application.

You’re not getting it

You lied . You said you were coming as a visitor . You took a course . Visitors don’t take courses . You then got an LMIA . Visitors don’t get an LMIA . Jobs don’t drop from the sky . You ACTIVELY misrepresented your true intentions in coming to Canada

It wasn’t to visit . It was to come , train , look for a job , and then attempt to bring over your brood to Canada

THAT IS WHY their visas have been refused

Visa officers do not like to be lied to or have people misrepresent their TRUE intentions when applying for a visa

All this is on you. You knew EXACTLY what you were doing .
This isn’t a “ the dog ate my homework “ situation and the VO will believe you

What do you expect that they’ll issue your whole family a visa to come as a reward by you misrepresenting your situation ?

Doesn’t work like that