Hi. I am a Ph.D. student in Canada. My Wife’s second spouse open work permit application was refused. We filed another application which was refused within 10 days again. We have applied for gcms notes for both applications. My question is that Can we file judicial review still for the second application?
Spouse Open Work Permit Application Judicial Review
- Thread starter Kamran Awaisi
- Start date
My permit is valid till September 2027. Following were the reasons:
1. The purpose of visit is not consistent
2. Employment situation shows that not financially established in country of residence (My wife is Doctor of Physiotherapy and have a job and stable salary)
3. Limited employment possibilities in country of residence (Her employer gave her a letter that she will be rehired upon her return)
We feel that these refusals are not justified. In the third application, she got the same reasons and her application was rejected in 12 days even the medical was not updated.
In the third application, there was additional point stating that she has significant ties in Canada. I am in Canada only. Her whole family and my family is in Pakistan. We showed properties, job etc
So how much in cash did you show? What finances did she show? What ties did she show to return because her family is not a tie to return. You are her only family tie. Get an immigration lawyer if you want to file Judicial Review. She has 3 refusals so not going to be approved if she keeps applying.
So I showed 10 thousand CAD in my account along with a 26 thousand CAD scholarship letter which covers my tuition fee and living expenses. My wife showed 6200 CAD in her account. We showed my father's property and her father's property. Her ties are her job, family, and father's property. We hired an RCIC consultant to file our second application. So my point is we will have the GCMS notes for her second application in almost 10 days. Can we file JR for a second application or not? Or should we file JR for a third application? Does it matter? As IRCC says every application is evaluated on its merit and grounds. These refusals have been mentally distressing for both of us
Have you ordered ATIP/GCMS notes for any of the refusals. If not, do so.
She has no ties at all to return. She is married and her only family ties are her spouse - you., not her parents or siblings. Ties are not father’s properties, nor your father’s either. So her employer is willing to hold job indefinitely for many years. Makes no sense.
You can file for JR now based on last refusal.
Yeah. We have GCMS notes for the first application which was refused in May 2024 and have also ordered the GCMS notes for the second and third applications.
So reasons for refusal were different each time. As I said, she has no ties to return. You are her spouse and live in Canada. She has no income property in her name and showing parents is not relevant to her application. As a PhD student, you think she would have been approved but she has 3 refusals in less than one year. IRCC gets suspicious of her applying over and over so now flagged.
Hi. We have been married since 1 year 8 months and spent a month together after the marriage and then came back to Canada to continue the Ph.D. research.
That may also be one of the issues. You may not have significant proof of a relationship. Have you not visited since then?
You have spent no time together in your marriage so that is another issue. Show that you have been together for many years prior. Also show that you have been going back and forth to visit regularly during your time off. Need to show that you have a personal relationship and not just long distance.
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