Spousal Visa rejected 3rd time. Need some advice

[Rkhadka45]

Hello All,

I know there are threads under such situation. But please go through my case once.

My wife is studying in Canada for the last one year. I have been applying for spousal work permit visa but got rejected 3rd time. I ordered gcsm the second time where it was stated that bank statements were not present in application.

Hence I applied again with 6 months of statements from my parents bank. However, I was rejected yesterday and reason stated was I won't leave based on personal assets and financial status. I showed our land,house and uncle business,my employment but don't have any asset under my personal name.

Could that be the reason for rejection given I don't owe anything personally? Please advise. Greatly appreciated.

 

[canuck78]

Hello All,

I know there are threads under such situation. But please go through my case once.

My wife is studying in Canada for the last one year. I have been applying for spousal work permit visa but got rejected 3rd time. I ordered gcsm the second time where it was stated that bank statements were not present in application.

Hence I applied again with 6 months of statements from my parents bank. However, I was rejected yesterday and reason stated was I won't leave based on personal assets and financial status. I showed our land,house and uncle business,my employment but don't have any asset under my personal name.

Could that be the reason for rejection given I don't owe anything personally? Please advise. Greatly appreciated.

Yes the fact that you or your spouse don't have your own assets is one of the problems. Spouses of international students aren't guaranteed a visa or permit. When your wife is on PGWP and has a job in NOC 0, A or B you should be able to secure an OWP.

 

[Rkhadka45]

Yes the fact that you or your spouse don't have your own assets is one of the problems. Spouses of international students aren't guaranteed a visa or permit. When your wife is on PGWP and has a job in NOC 0, A or B you should be able to secure an OWP.

Thank you for the quick response. Hmm just as I thought. My wife still has a sometime in school to go before she would be under PGWP.

I don't want to sound unreasonable here but would it strengthen our position to reapply if let's say my parents transfer me the property and transfer me the funds from their bank?

Regards.

 

[canuck78]

Thank you for the quick response. Hmm just as I thought. My wife still has a sometime in school to go before she would be under PGWP.

I don't want to sound unreasonable here but would it strengthen our position to reapply if let's say my parents transfer me the property and transfer me the funds from their bank?

Regards.

It would be pretty obvious that they likely transferred the property and funds to you for the application and there will be doubts about whether this is a temporary arrangement. As I previously said an OWP is never guaranteed for spouses of international students.

 

[Rkhadka45]

It would be pretty obvious that they likely transferred the property and funds to you for the application and there will be doubts about whether this is a temporary arrangement. As I previously said an OWP is never guaranteed for spouses of international students.

Yeah that's true. I have seen OWP given to all my friend's spouse recently hence it's kinda frustrating not to be able to obtain one for myself. But then again, every case is different.

Just out of curiosity, I know Canada invites thousand individuals through express entry every year but I sometimes wonder why would they deny OWP for spouses of intl students, who I believe in most cases end of getting PR down the road. May be it has to do with spouses competing in the same job market where countries like to grant preference to their own citizens/PR first?

 

[canuck78]

Yeah that's true. I have seen OWP given to all my friend's spouse recently hence it's kinda frustrating not to be able to obtain one for myself. But then again, every case is different.

Just out of curiosity, I know Canada invites thousand individuals through express entry every year but I sometimes wonder why would they deny OWP for spouses of intl students, who I believe in most cases end of getting PR down the road. May be it has to do with spouses competing in the same job market where countries like to grant preference to their own citizens/PR first?

One of the concerns is about finances so Canada wants to ensure that a couple can afford to live if they can't find jobs. Business accounts, like your uncle's won't be considered. Only personal accounts count and parents or the couple themselves are really the preferred financial sponsor. There is still a problem with immigration fraud. There are quite a few people who get married after their SP has been approved or once their Canadian studies have started. If people apply for an OWP soon after marriage and without having spent much time together there is often concern that the marriage may be based on securing a WP. Most marriages are genuine but there are cases where they aren't. There are some couples who want access to a work permit. They try to secure a WP by having the other spouse apply for a SP. It seems like a very expensive way to secure a WP but it happens. Canada wants to ensure that being a student is the primary goal of couples who apply for a SP and OWP. Spouses do have a better chance of securing an OWP if the spouse is pursuing a masters or PhD. With covid there are additional restrictions so even if your husband was approved he could be denied special authorization to travel. A spouse of an international student being denied an OWP is fairly common even if your friends have been approved. seems like 50/50.