Spouse Open Work Permit - Refused:2014

[indianstudent]

Hi,

Thanks a lot for taking time to read my post. I am in Nova Scotia, Canada working in NOC A category for the past 4 months with a post graduation work permit. My spouse applied online for a work permit on 23 July, 2014 with the following documents.

i. Application 1295E
ii. Pre-medical certificate
iii. Marriage certificate
iv. Letter of explanation (Cover letter)
a. Support letter from me
b. Copy of my visa
c. Copy of my Work permit
d. Copy of my Letter of Employment
e. Marriage Invitation
f. Marriage photos
g. Police Clearance Certificate
v. Photo
vi. Copy of Passport

On 18 September, 2014 our open work permit application was refused for the following reasons.

1. You have not demonstrated that you come within the exceptions under section 186 of the regulations
exempting you from the requirement to obtain a work permit or that your employment in Canada comes
within the exceptions to section 203 of the regulations. As a result, your offer of employment must be the
subject of an economic effect determination before a work permit can be issued to you. Your employer in
Canada should contact the local office of the Department of Human Resources and Skills Development
Canada to begin this process.

2. You have not demonstrated that you meet the requirements of an open work permit under section 205(c)(ii) of the Regulations.

If i am correct, my spouse is exempt from LMIA (Labour Market Impact Assessment) and since it is a open work permit there is no need for a job offer or an employer. I am going to make a paper application through vfs next time. In my next application how do i defend these reasons? Is there any other documents i should add?

Pls help. I would like you thoughts on this.

 

[PMM]

Hi

Hi,

Thanks a lot for taking time to read my post. I am in Nova Scotia, Canada working in NOC A category for the past 4 months with a post graduation work permit. My spouse applied online for a work permit on 23 July, 2014 with the following documents.

i. Application 1295E
ii. Pre-medical certificate
iii. Marriage certificate
iv. Letter of explanation (Cover letter)
a. Support letter from me
b. Copy of my visa
c. Copy of my Work permit
d. Copy of my Letter of Employment
e. Marriage Invitation
f. Marriage photos
g. Police Clearance Certificate
v. Photo
vi. Copy of Passport

On 18 September, 2014 our open work permit application was refused for the following reasons.

1. You have not demonstrated that you come within the exceptions under section 186 of the regulations
exempting you from the requirement to obtain a work permit or that your employment in Canada comes
within the exceptions to section 203 of the regulations. As a result, your offer of employment must be the
subject of an economic effect determination before a work permit can be issued to you. Your employer in
Canada should contact the local office of the Department of Human Resources and Skills Development
Canada to begin this process.

2. You have not demonstrated that you meet the requirements of an open work permit under section 205(c)(ii) of the Regulations.

If i am correct, my spouse is exempt from LMIA (Labour Market Impact Assessment) and since it is a open work permit there is no need for a job offer or a employer. I am going to make a paper application through vfs next time. In my next application how do i defend the reasons? Is there any other documents i should add?

Pls help. I would like you thoughts on this.

1. Did your work letter outline your job duties, salary, hours of work so that the VO can determine your NOC level? Did you include a copy of your salary cheque?

 

[indianstudent]

Hi


1. Did your work letter outline your job duties, salary, hours of work so that the VO can determine your NOC level? Did you include a copy of your salary cheque?

Thank for you reply, PMM. Yes, the offer letter outlines my duties, annual salary and that it was a contract position from May 2014 to March 2015. However, in the letter of explanation i mentioned that my job was RA1 and comes under NOC A 4012. But unfortunately i failed to include my pay slip. I thought the offer letter had my salary information.

 

[HossamHamed]

i did before online open work permit for my wife while she was in canada, and just provided copies of passport, work permit, visa, bank account and payslips, and everything was good, you need to review sections(205 and 186) maybe you will find something.

 

[indianstudent]

IRPA do not have detailed information on 205(c)(ii). Here is some info. on 205(c)(ii) from the Foreign Worker Manual.

Public policy, competitiveness and economy R205(c)(ii)

The following programs are designated as work that can be performed by a foreign national based on the criteria listed in R205(c)(ii).

Spouses or common-law partners of skilled workers, C41

Spouses or common-law partners of skilled people coming to Canada as temporary foreign workers may themselves be authorized to work without first having a confirmed job offer.

Eligibility requirements of the principal foreign worker which allow the spouse to qualify for a work permit are as follows:

• The principal foreign worker must be doing work which is at a level that falls within National Occupational Classification (NOC) Skill Levels 0 , A or B. See the NOC site on HRSDC’s

• These skill levels include management and professional occupations and technical or skilled tradespersons.

• The principal foreign worker must either hold a work permit that is valid for a period of at least six month’s duration, or, if working under the authority of R186 without a work permit, must present evidence that they will be working for a minimum of six months.

• The principal foreign worker and spouse must physically reside, or plan to physically reside,in Canada while working.

Note: If you are a holder of a Post-Graduation Work Permit, which is a type of open work permit, your spouse will need to attach a copy of your work permit to his or her application for an open work permit. Your spouse will also need to provide information about your employment by attaching supporting documents including:

• A letter from your current employer confirming employment or a copy of your employment offer or contract; AND

• A copy of one of your payslips.

 

[indianstudent]

i did before online open work permit for my wife while she was in canada, and just provided copies of passport, work permit, visa, bank account and payslips, and everything was good, you need to review sections(205 and 186) maybe you will find something.

I failed to add my payslip. That might be the issue with my application. Section 186 talks about working without work permit & Section 203 talks about work permit requiring a Labour Market Opinion. But according to Section 205(c)(ii) Spouses of a Post Graduation Work Permit holder can be issued with a "open" work permit if the following conditions were satisfied.

i. Job with NOC skill level 0, A or B (Managerial, Professional or Technical)
ii. Should hold a work permit for at least 6 months.
iii. Should physically reside or plan to physically reside in Canada.

Post Graduation Work Permit holder spouse should attache - i. Attach the letter of employment(offer letter) or confirmation letter from employer. ii. One copy of pay slip.

I believe, the reasons mention to refuse my application were not appropriate.

 

[Auone]

My wife's SOWP was initially rejected for the same reason, however, it was subsequently accepted in the second attempt. For the second attempt, I only added an extra letter from my supervisor, stating my job nature and that my contract would be extended in XXX month. Maybe the fact that your own employment is for less than a year impacted the final decision, so to be on the safe side, it might be useful if you could get a letter stating the expected contract extension date.

 

[indianstudent]

My wife's SOWP was initially rejected for the same reason, however, it was subsequently accepted in the second attempt. For the second attempt, I only added an extra letter from my supervisor, stating my job nature and that my contract would be extended in XXX month. Maybe the fact that your own employment is for less than a year impacted the final decision, so to be on the safe side, it might be useful if you could get a letter stating the expected contract extension date.

Thank you. I will try and get one.

 

[RSR123]

Thank you. I will try and get one.

HI,
I along with my wife applied for study permit and OWP respectively and my wife got approval and after a week I got rejected. My wife is on Study permit at Canada. Now I want to apply a Visit visa along with my minor child who is aged about 2.5 years. What are all the forms should I fill up for minor girl. I am a practicing advocate in india and I don't have much documents to show my employment. Request senior members of the forum to advice me accordingly. How could I make a strong documentation. Really my child is missing mother's care. Thing of calling her back to India if visa rejects again.

Reasons for my rejection might be my profession.

Rejected for: Travel History, tie in Canada and home country, insufficient funds and purpose of visit

Shall I apply for OWP or Visiting Visa

Thank u.

 

[indianstudent]

HI,
I along with my wife applied for study permit and OWP respectively and my wife got approval and after a week I got rejected. My wife is on Study permit at Canada. Now I want to apply a Visit visa along with my minor child who is aged about 2.5 years. What are all the forms should I fill up for minor girl. I am a practicing advocate in india and I don't have much documents to show my employment. Request senior members of the forum to advice me accordingly. How could I make a strong documentation. Really my child is missing mother's care. Thing of calling her back to India if visa rejects again.

Reasons for my rejection might be my profession.

Rejected for: Travel History, tie in Canada and home country, insufficient funds and purpose of visit

Shall I apply for OWP or Visiting Visa

Thank u.

I would strongly suggest you to apply for a open work permit again but make the case stronger. You would have to show at least $15000/year to support you family if you wanna come to Canada on a Visitor visa. With regards to you ties to your home country, try adding your property documents and try explaining that you would return back after your permit expires.

 

[HossamHamed]

you can re apply again and attache everything in one pdf file, or you can contact them(Question@cic.gc.ca) maybe they will resolve this issue , see below information you need to provide to them

information below should be your spouse info.

1. Surname – Exactly as it appears on the passport or identity document
2. Given name(s) – Exactly as it appears on the passport or identity document
3. Date of birth (YYYY-MM-DD)
4. Country of birth
5. Complete address (including the postal code). If the residential address is different from the mailing address, please provide both addresses.
6. Telephone number. If you have more than one contact number, please provide them all.
7. Client ID Number
8. Online application reference number
9. Type of application (work permit, study permit or visitor record)
10. Approximate date that the application was submitted

You can expect a response within three (3) working days of our receipt of the above information.

 

[AiVi]

Hey,same case happened with me...

I have applied for open work permit on the basis of my husband (as he is studying in canada) and today i got rejection letter and following reasons are given for the rejection ,

1. Your family ties in canada and in your country of residence
2. length of proposed stay in canada
3. Purpose of visit
4. Your personal assets and financial status

In my next application what proofs or explanation should i give ?

Please help me ..

 

[apardhamija]

Hello,

I applied for my wife's Spousal Open Work Permit online, rejected first as the application form does not give an option to choose Spousal Open Work Permit and was denied stating that you are not eligible, again applied online and again rejected stating the purpose of visit and your personal assets and financial status. However on the online application there is no space to send my documents I have a post graduate open work permit and working in a skilled category, that qualifies my wife but they refused twice without even asking for my documents.

Would it be advisable to do paper application where we can include all supporting documents. Please please help ! Planning to apply third time. will be very helpful if someone can suggest.

 

[JK Jeet]

Hi,

Thanks a lot for taking time to read my post. I am in Nova Scotia, Canada working in NOC A category for the past 4 months with a post graduation work permit. My spouse applied online for a work permit on 23 July, 2014 with the following documents.

i. Application 1295E
ii. Pre-medical certificate
iii. Marriage certificate
iv. Letter of explanation (Cover letter)
a. Support letter from me
b. Copy of my visa
c. Copy of my Work permit
d. Copy of my Letter of Employment
e. Marriage Invitation
f. Marriage photos
g. Police Clearance Certificate
v. Photo
vi. Copy of Passport

On 18 September, 2014 our open work permit application was refused for the following reasons.

1. You have not demonstrated that you come within the exceptions under section 186 of the regulations
exempting you from the requirement to obtain a work permit or that your employment in Canada comes
within the exceptions to section 203 of the regulations. As a result, your offer of employment must be the
subject of an economic effect determination before a work permit can be issued to you. Your employer in
Canada should contact the local office of the Department of Human Resources and Skills Development
Canada to begin this process.

2. You have not demonstrated that you meet the requirements of an open work permit under section 205(c)(ii) of the Regulations.

If i am correct, my spouse is exempt from LMIA (Labour Market Impact Assessment) and since it is a open work permit there is no need for a job offer or an employer. I am going to make a paper application through vfs next time. In my next application how do i defend these reasons? Is there any other documents i should add?

Pls help. I would like you thoughts on this.

Hi Indian student,

I have applied my spouse open work permit online application on 24th September, 2014 and got refusal on 28th october,2014 for same reason as yours :


You have not demonstrated that you come within the xceptions under section 186 of the regulations
exempting you from the requirement o btain a work permit or that your employment in Canada comes
within the xceptions to section 203 of the regulations. As a result, your ofer of employment must be the
subject of an economic efect detrmination before a work permit can be isued to you. Your employer in
Canada should contact he local ofice of the Department of Human Resources and Skils Development
Canada to begin this proces.

So now what to do in this situation? As I on open work permit and I have Nov B level job in British Columbia. My work permit is valid for October 2016. I send all those required documents as per their requirement. But they took the wrong decision as my spouse don't need any job offer from employer. So what should I do in this case.

Hope soon hear from you and others too who know about it.

 

[indianstudent]

Thanks to all here in this forum. My spouse got visa and open work permit approved. The application was made on 27 October, 2014 in VFS Global, Chennai and got the open work permit approval letter on 30 October, 2014. I was really surprised. Was processed in two days. FYI, this time the application was processed in CIC Bangalore. Thanks to you all, again.