Spouse Open Work Permit Refusal

[Sukriti_b]

Hi All,

I got married in November 2019. My husband is a Canadian PR. I am on Tourist Visa in Canada.
Applied for Work Permit in Jan. Got a refusal letter yesterday , stating the below reason:

Based on your application and accompanying documentation that you have provided, I have carefully considered all information and I am not satisfied that you meet the requirements of the Immigration and Refugee Protection Act and Regulations. Your application as requested is therefore refused.
[X] You are not a person described in Immigration Legislation who can apply for this type of document from within Canada. An application of this type must be made at a Canadian Visa office in another country.

Can you pls. suggest what could be the reason and what should be my next steps?

Thanks!

 

[Skp1310]

Hi All,

I got married in November 2019. My husband is a Canadian PR. I am on Tourist Visa in Canada.
Applied for Work Permit in Jan. Got a refusal letter yesterday , stating the below reason:

Based on your application and accompanying documentation that you have provided, I have carefully considered all information and I am not satisfied that you meet the requirements of the Immigration and Refugee Protection Act and Regulations. Your application as requested is therefore refused.
[X] You are not a person described in Immigration Legislation who can apply for this type of document from within Canada. An application of this type must be made at a Canadian Visa office in another country.

Can you pls. suggest what could be the reason and what should be my next steps?

Thanks!

Weather you applied inland PR + OWP or Outland PR and OWP ??
Weather you worked in your home country ?

 

[Copingwithlife]

Hi All,

I got married in November 2019. My husband is a Canadian PR. I am on Tourist Visa in Canada.
Applied for Work Permit in Jan. Got a refusal letter yesterday , stating the below reason:

Based on your application and accompanying documentation that you have provided, I have carefully considered all information and I am not satisfied that you meet the requirements of the Immigration and Refugee Protection Act and Regulations. Your application as requested is therefore refused.
[X] You are not a person described in Immigration Legislation who can apply for this type of document from within Canada. An application of this type must be made at a Canadian Visa office in another country.

Can you pls. suggest what could be the reason and what should be my next steps?

Thanks!

Applying for a open work permit solely based upon being married to a PR will result in a refusal .

 

[soheilhs]

Hi All,

I got married in November 2019. My husband is a Canadian PR. I am on Tourist Visa in Canada.
Applied for Work Permit in Jan. Got a refusal letter yesterday , stating the below reason:

Based on your application and accompanying documentation that you have provided, I have carefully considered all information and I am not satisfied that you meet the requirements of the Immigration and Refugee Protection Act and Regulations. Your application as requested is therefore refused.
[X] You are not a person described in Immigration Legislation who can apply for this type of document from within Canada. An application of this type must be made at a Canadian Visa office in another country.

Can you pls. suggest what could be the reason and what should be my next steps?

Thanks!

Since you have not yet started the PR sponsorship application or if you have done, you probably applied through family class ( Sydney, NS), You are not eligible for a work permit. Consult with an immigration expert first.

 

[Sukriti_b]

Weather you applied inland PR + OWP or Outland PR and OWP ??
Weather you worked in your home country ?

I applied through Express Entry PR.. this was before I got married and I have still not got result on that.. I am on Tourist visa in Canada.. still employed in my home country and working from home from Canada

 

[Sukriti_b]

Since you have not yet started the PR sponsorship application or if you have done, you probably applied through family class ( Sydney, NS), You are not eligible for a work permit. Consult with an immigration expert first.

I have not applied through family sponsorship.. I applied through Express Entry PR.. this was before I got married and I have still not got result on that.. I am on Tourist visa in Canada.. and applied for open work permit

 

[Sukriti_b]

Applying for a open work permit solely based upon being married to a PR will result in a refusal .

Then what are the other options that I have?

 

[soheilhs]

I have not applied through family sponsorship.. I applied through Express Entry PR.. this was before I got married and I have still not got result on that.. I am on Tourist visa in Canada.. and applied for open work permit

You are not eligible for any type of work permit. if your spouse was on a temporary permit like work permit or study permit, then the legislation does let you apply for OWP from within Canada.

Make sure your progress in Canada as a home-based worker is consistent with IRPA.

 

[Sukriti_b]

You are not eligible for any type of work permit. if your spouse was on a temporary permit like work permit or study permit, then the legislation does let you apply for OWP from within Canada.

Make sure your progress in Canada as a home-based worker is consistent with IRPA.

So is it just that I have to apply from my resident country, instead of Canada? or I am not eligible only?

 

[Skp1310]

I applied through Express Entry PR.. this was before I got married and I have still not got result on that.. I am on Tourist visa in Canada.. still employed in my home country and working from home from Canada

Hi you won’t be able to qualify for any kind of work permit to be worked from Canada. Also as u have applied in express entry. Check this link to see if ur qualified to apply Outland PR
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/eligibility.html

 

[soheilhs]

So is it just that I have to apply from my resident country, instead of Canada? or I am not eligible only?

No, It does not matter where are you applying. you are not eligible for a work permit just if you applied for EE, or because your spouse is a PR.
If you have a job offer, with or without LMIA, then this is a different story. better to wait until you become a PR.