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Spouse Open Work Permit Refused Twice, Please Help

gehlot.paresh

Star Member
Apr 8, 2015
82
15
Hi,

Am an International Student, pursuing post graduation course of two years started in Sept, 2016

I kept my spouse's file on 03rd Oct, 2016 for SOWP, it was refused on 10th Nov, 2016 with a reason of
1. Insufficient funds
2. Length of Proposed Stay

It was specifically mentioned that spouse will be staying in Canada upto my Visa expiration.
And I have showed $150k from Back home including Properties and Liquid Cash, and have shown $13k from Canada

However, looking on the reasons of refusal for the first time, I showed increased funds from Canada as well approximately $31k

However, today, I got refusal, however, am not provided any correspondence letter of refusal as I received in the first one.
I already submitted a Case Specific enquiry, to which I saw, that the authorities MAY response within 28 working days.


So, I request all the members to help me with this, who may have faced the same issue.
i need a suggestion too, that shall I again apply for Spouse open work permit or now shall I apply for Visitor Visa? If I apply for visitor visa, within how many days shall I apply after refusal?

Thanks in advance for your help
 

badesha

Star Member
Mar 20, 2017
72
2
Hey, sorry to hear that . Actually i am applying my husband visa by next week . What document did you showed from here and india . Please your help will be appreciated ..
 

gehlot.paresh

Star Member
Apr 8, 2015
82
15
Hey, sorry to hear that . Actually i am applying my husband visa by next week . What document did you showed from here and india . Please your help will be appreciated ..
I submitted
From Canada:
My college offer letter
My bank statements since I landed here to a week prior to placing file
My employment letter from college
Invitation letter notarized
My tax paid docs including T4 and TE
My results of both the semesters
My paid fee receipts
My passport details

From India
All bank statements of six months prior placing file
All property evaluation reports
Combining above two points, my total funds($150k) proofs
Financial Support letter from my dad towards my spouse
Statement of purpose
My spouse birth certificate
Marriage certificate
My spouse educational docs incl
 

scylla

VIP Member
Jun 8, 2010
92,917
20,532
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Since you've already been refused twice, I wouldn't apply again (either for a visitor visa or OWP) unless you're able to provide stronger ties to the home country for your spouse. Is your spouse working? Can they show proof of employment? Right now your spouse's ties to the home country are pretty weak.
 

IndianCanadian16

Star Member
Aug 10, 2017
106
41
Toronto
Category........
FSW
Visa Office......
Ottawa
I submitted
From Canada:
My college offer letter
My bank statements since I landed here to a week prior to placing file
My employment letter from college
Invitation letter notarized
My tax paid docs including T4 and TE
My results of both the semesters
My paid fee receipts
My passport details

From India
All bank statements of six months prior placing file
All property evaluation reports
Combining above two points, my total funds($150k) proofs
Financial Support letter from my dad towards my spouse
Statement of purpose
My spouse birth certificate
Marriage certificate
My spouse educational docs incl
I agree with @scylla

Try mentioning the points in the letter of explanation that your wife and you will go back to India as you have a family over there to support and business to manage and all the possible reasons for you to go back. You need to convince the VO that you will LEAVE CANADA once the period of stay is over.
 
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Reactions: gehlot.paresh

gehlot.paresh

Star Member
Apr 8, 2015
82
15
@scylla @IndianCanadian16 : Thanks for the reply

I got the rejection reason, The VO is not satisfied with the family ties, and is not sure that my spouse would leave the country after valid stay.
However, my visa immigration lawyer, tried their best to show family ties.
Still the VISA is being rejected.

@scylla : If I shall not go with OWP and Visitor Visa, then other than Student Visa, is there any other option to call my spouse?
 

gehlot.paresh

Star Member
Apr 8, 2015
82
15
Since you've already been refused twice, I wouldn't apply again (either for a visitor visa or OWP) unless you're able to provide stronger ties to the home country for your spouse. Is your spouse working? Can they show proof of employment? Right now your spouse's ties to the home country are pretty weak.
She is a housewife, she isn't working, I belong to business family, my wife does not need to work, so she has no employment proof
 

hartaran

Member
Aug 17, 2017
18
0
hii
i haveapplied for my husband for spousal visa and the status is revirmewing.cananyonetell that how much time it will take. it is almost one month now and i have applied online from canad
 

Aypumpy

Newbie
Aug 19, 2017
1
0
Hi..
I was on open work permit before I was refused for a new work permit and is over 90days,now I have loose my status.what should I do?the reason for refusal was I did not includes document that shows my spouse is studying in any of the institution which we could have provided if asked for,now I have loose my status because my application has been with CIC before the expiration of the 90days. Please advice me on what to do because my spouse still has valid study permit and I'm with a 4 months old baby
 

IndianCanadian16

Star Member
Aug 10, 2017
106
41
Toronto
Category........
FSW
Visa Office......
Ottawa
@scylla @IndianCanadian16 : Thanks for the reply

I got the rejection reason, The VO is not satisfied with the family ties, and is not sure that my spouse would leave the country after valid stay.
However, my visa immigration lawyer, tried their best to show family ties.
Still the VISA is being rejected.

@scylla : If I shall not go with OWP and Visitor Visa, then other than Student Visa, is there any other option to call my spouse?
Do you have any kids?
 

h1b2pr

Hero Member
Mar 22, 2017
364
123
@scylla @IndianCanadian16 : Thanks for the reply

I got the rejection reason, The VO is not satisfied with the family ties, and is not sure that my spouse would leave the country after valid stay.
However, my visa immigration lawyer, tried their best to show family ties.
Still the VISA is being rejected.

@scylla : If I shall not go with OWP and Visitor Visa, then other than Student Visa, is there any other option to call my spouse?
Were you able to bring your wife ? How did you manage?
 

Rigesh lama

Star Member
Feb 9, 2018
75
5
30
Thimphu
Hello guys I am in dire situation and I need w and clarification from you all. I am from bhutan and I applied for my spouse open work permit on March 15th and got it rejected on May 21. The reasons for rejection was :

- no recent proof of spouse enrollment letter for her college and

- your spouse visa is expiring on August 2018.

My wife is in canada and her visa was expiring on August 2018 so she applied for her extension on May 11 2018. After that we didn't get any update as she did it through her college. Then we mailed the MP office regarding the extension and we got a reply saying that" your spouse have applied the extension paper based so the processing time will be 112 days and her extension is yet to be processed and have not started"

So my queistion here is, it's June right now and her extension will take 112 days like more than 3 months. Let's says it take 3 months then I will be able to reapply for my open work permit only on September or October, but when I reapply her visa validity will be less than 6months. Her next visa validity is till April 11 2019. This comes to the same reason my first visa was rejected because by the time I reapply her visa will be expiring again. So it's obvious it will get rejected.
Are my opinion on this correct or it doesnt happen like this ??

Please sir, madam, friends help me clarify my case.
 

gehlot.paresh

Star Member
Apr 8, 2015
82
15
Hello guys I am in dire situation and I need w and clarification from you all. I am from bhutan and I applied for my spouse open work permit on March 15th and got it rejected on May 21. The reasons for rejection was :

- no recent proof of spouse enrollment letter for her college and

- your spouse visa is expiring on August 2018.

My wife is in canada and her visa was expiring on August 2018 so she applied for her extension on May 11 2018. After that we didn't get any update as she did it through her college. Then we mailed the MP office regarding the extension and we got a reply saying that" your spouse have applied the extension paper based so the processing time will be 112 days and her extension is yet to be processed and have not started"

So my queistion here is, it's June right now and her extension will take 112 days like more than 3 months. Let's says it take 3 months then I will be able to reapply for my open work permit only on September or October, but when I reapply her visa validity will be less than 6months. Her next visa validity is till April 11 2019. This comes to the same reason my first visa was rejected because by the time I reapply her visa will be expiring again. So it's obvious it will get rejected.
Are my opinion on this correct or it doesnt happen like this ??

Please sir, madam, friends help me clarify my case.
Hello Rigesh,

Sorry to hear about your rejection. But you would have applied after your spouse would have her work permit.
If you want to apply earlier, you can do below steps in order:
1. Request your spouse to do "Flagpole" and get a post graduation work permit or work permit on the basis of the education completed, doing this will help your spouse getting work permit within a day rather than waiting when applied online or paper based
2. After getting her work permit, on the basis of that, request to extend her visa online, that is Visitor Visa (Inside Canada) which will take max 20 days to get her VISA extended till the validity of your spouse's passport
3. Once your spouse gets the visa extended, cancel the existing application(which is taking 112 days) so that your spouse can get some refund if applicable
4. Problem solved now, apply again for your SOWP

Please do note, there's no change in my application related to my spouse, as I have got my work permit through "Flagpole" as I am having job in NOC level A, and I want my experience to be counted, I did "Flagpole" and acquired my work permit, have already applied for my TRV extension, once they come, I might again apply for my spouse either on Visitor or SOWP

Sorry if I missed any point, or if I did, please feel free to post your next question here.

Thanks
 

Rigesh lama

Star Member
Feb 9, 2018
75
5
30
Thimphu
Hello Rigesh,

Sorry to hear about your rejection. But you would have applied after your spouse would have her work permit.
If you want to apply earlier, you can do below steps in order:
1. Request your spouse to do "Flagpole" and get a post graduation work permit or work permit on the basis of the education completed, doing this will help your spouse getting work permit within a day rather than waiting when applied online or paper based
2. After getting her work permit, on the basis of that, request to extend her visa online, that is Visitor Visa (Inside Canada) which will take max 20 days to get her VISA extended till the validity of your spouse's passport
3. Once your spouse gets the visa extended, cancel the existing application(which is taking 112 days) so that your spouse can get some refund if applicable
4. Problem solved now, apply again for your SOWP

Please do note, there's no change in my application related to my spouse, as I have got my work permit through "Flagpole" as I am having job in NOC level A, and I want my experience to be counted, I did "Flagpole" and acquired my work permit, have already applied for my TRV extension, once they come, I might again apply for my spouse either on Visitor or SOWP

Sorry if I missed any point, or if I did, please feel free to post your next question here.

Thanks
thank you for your suggestion, from what i came to know till now after you told me about the flag pole, it seems both husband and wife has to be INSIDE canada? or am i understanding it wrong. my wife is in canada and i am out side canada , i am in bhutan. please if you could clearify and guide me!!!!