Spouse Open Work permit

[Kumard21]

Hi Friends,

I have applied for extension of Open Work Permit in May 2015 and the application was refused in September 2015,

My original Work Permit was expired in July 2015

Now I am applying for Restoration of status with Open Work Permit,


While i am filling the below form I got one doubt in BACKGROUND INFORMATION Column:

• Application to Change Conditions or Extend Your Stay in Canada (IMM 5710)


In the below options which check boxes I have to select


Question 2

Check the box to indicate if you have ever:

1. Have you ever remained beyond the validity of your status, attended school without authorization or worked without authorization in Canada?

Yes or No

2. Have you ever been refused any kind of visa, admission or been ordered to leave Canada or any other country?

Yes or No

3. Have you previously applied to enter or remain in Canada?

Yes or No

If you checked “Yes” to one of the above questions, provide details.


For which questions i have to select YES or NO


Please clear my doubt.

 

[fkl]

Hi Friends,

I have applied for extension of Open Work Permit in May 2015 and the application was refused in September 2015,

My original Work Permit was expired in July 2015

Now I am applying for Restoration of status with Open Work Permit,


While i am filling the below form I got one doubt in BACKGROUND INFORMATION Column:

• Application to Change Conditions or Extend Your Stay in Canada (IMM 5710)


In the below options which check boxes I have to select


Question 2

Check the box to indicate if you have ever:

1. Have you ever remained beyond the validity of your status, attended school without authorization or worked without authorization in Canada?

Yes or No

2. Have you ever been refused any kind of visa, admission or been ordered to leave Canada or any other country?

Yes or No

3. Have you previously applied to enter or remain in Canada?

Yes or No

If you checked “Yes” to one of the above questions, provide details.


For which questions i have to select YES or NO


Please clear my doubt.

Well i am not an expert on this form, but given your circumstances, i think answer to all of these are YES.

You are already beyond your status - that is 1, You have had a work permit refusal which is 2 as well as 3.

I think the intent of these questions is to simply clarify that you are out of status only because you applied, was under implied status and got refused (the most common standard ground of this which should be okay) and not the situation where some one is applying only after going out of status first.

 

[jobin007ae]

@fkl...
Hi fkl,
Thanks for your prompt response. My husband's application got refused
The reasons are
Travel history
Current status of employment: he is self employed and has provided his tax filing papers as well.
Personal assets: he has 16 lakhs INR in his account and I had shown 12000 CAD in mine. I have full-time job earning $ 17 per hour.
Our permanent residency application is under processing. I attached the AOR while applying for him.
My lawyer mentioned the DUAL INTENT as his visiting purpose. Still they refused after 4 months and 15 days stating that he will not leave Canada by the end of the stay.
He had previous 2 refusals. 1 SWOP and 1 Visitor visa. Both refusals were at the time when I was a student.
After this refusal I lost my trust in Canadian immigration system.

both of our problems are same

 

[Jasmohra]

For a PGWP holder, you need to have a job at least NOC B to be eligible for SOWP. That is the only category that your wife should technically qualify for.

Showing ties to home country is another issue that you still have to over come.

Hi I am pretty much in the same boat. Recently got my PGWP and have a part time job not under O,A,B (at least I have nothing in written that proves it). I wish to have hubby with me on a visitor visa for say two months, cz the job search is going to keep me busy here and I can not go home cz of this. I intend to apply for his work permit when I have the O,A,B level job.
When you said that SOWP was the only category, the spouses of PGWP holders could qualify for, do you mean there is no option of just having them here without a work permit?

 

[fkl]

Hi I am pretty much in the same boat. Recently got my PGWP and have a part time job not under O,A,B (at least I have nothing in written that proves it). I wish to have hubby with me on a visitor visa for say two months, cz the job search is going to keep me busy here and I can not go home cz of this. I intend to apply for his work permit when I have the O,A,B level job.
When you said that SOWP was the only category, the spouses of PGWP holders could qualify for, do you mean there is no option of just having them here without a work permit?

Hi, well you can always get a visitor visa and come here. However, it is a max six month limit trv which in most cases is refused when the purpose of visit is to meet your spouse.

Generally we don't visit or meet spouse for a short time, we tend to live with them as long as they are there. This intent is more appropriately expressed via SOWP provided one is eligible for that.

 

[vagaur]

Hi All

I need some advise if any senior member has came across any situation like I have at the moment.

Applied for my Husband SOWP online : 7th october (india )
I am MPNP holder spouse was dependant in that and I am working having NOC C. According to CIC website :

The section 5.27 (page 58 of 191) of Foreign Worker Manual (FW 1) - Public policy, competitiveness
and economy R205(c)(ii), and also the information on CIC, which states “Spouses or common-law
partners of work permit holders who have been nominated for permanent residence by a
province will be entitled to open work permits for the duration of the work permit of the
provincial nominee principal applicant, irrespective of the skill level of the principal applicant’s
occupation.”

My spouse is eligible for SOWP disregarding my NOC. But we still got a refusal on 4th november and the only reason is in others : Spouse NOC. If some one can advise what should I do now?

Thanks
Vagaur

 

[fkl]

Hi All

I need some advise if any senior member has came across any situation like I have at the moment.

Applied for my Husband SOWP online : 7th october (india )
I am MPNP holder spouse was dependant in that and I am working having NOC C. According to CIC website :

The section 5.27 (page 58 of 191) of Foreign Worker Manual (FW 1) - Public policy, competitiveness
and economy R205(c)(ii), and also the information on CIC, which states “Spouses or common-law
partners of work permit holders who have been nominated for permanent residence by a
province will be entitled to open work permits for the duration of the work permit of the
provincial nominee principal applicant, irrespective of the skill level of the principal applicant’s
occupation.”

My spouse is eligible for SOWP disregarding my NOC. But we still got a refusal on 4th november and the only reason is in others : Spouse NOC. If some one can advise what should I do now?

Thanks
Vagaur

Well i am not sure if your PNP was approved at the time of SOWP application. Did you attach evidence of that along with your application?

You should apply again - attach your PNP approval along and quote the above section pretty much the way you have written here.

However, you still have to ensure other things like any thing helping well with showing strong ties (since it is an open work permit) i.e. show a family, property and / or a stable continuous job for your spouse in India. Also show good proof of relationship and contact if you haven't already.

 

[vagaur]

Well i am not sure if your PNP was approved at the time of SOWP application. Did you attach evidence of that along with your application?

You should apply again - attach your PNP approval along and quote the above section pretty much the way you have written here.

However, you still have to ensure other things like any thing helping well with showing strong ties (since it is an open work permit) i.e. show a family, property and / or a stable continuous job for your spouse in India. Also show good proof of relationship and contact if you haven't already.

Hi FKL

Thanks for the reply. I attached my MPNP certificated after the approval, my wedding pic before and after wedding pic wedding card marriage certificate, my PGWP, job letter pay stub bank statement and in explanation letter the 1st thing i mentioned was that paragraph. Also attached my spouse job letter pay stub bank statement. He has travel history as well. And in refusal letter the only reason was marked in others as spouse noc.

I feel like that person didn't even read the explanation letter or checked the docs. I want to complaint about that immigration officer is that possible?

Thanks
Vagaur

 

[Mahendranram]

Hi There,

I am currently having my work permit and last year I got married, I applied for my spouse - visitor visa on Nov 2014 but its got rejected and again I applied this year Sep 2015 spouse visitor visa and it was rejected again so I don't know how to process ? if any one can help me with this really appreciate.....

My work permit until Feb 2017.

Option 1 ; Is it possible to apply spouse work permit now
Option 2 ; I am eligible for PR from march 2015 so I can apply PR for both.

Thankx.

 

[fkl]

Hi FKL

Thanks for the reply. I attached my MPNP certificated after the approval, my wedding pic before and after wedding pic wedding card marriage certificate, my PGWP, job letter pay stub bank statement and in explanation letter the 1st thing i mentioned was that paragraph. Also attached my spouse job letter pay stub bank statement. He has travel history as well. And in refusal letter the only reason was marked in others as spouse noc.

I feel like that person didn't even read the explanation letter or checked the docs. I want to complaint about that immigration officer is that possible?

Thanks
Vagaur

You are most welcome. Yeah probably what you said makes sense. They might not have read it. Among the few options you have,

a) Order gcms notes. Those would take a month but MAY BE they pick some thing in your PNP letter which for e.g. VO thinks is incorrect. Or something like "He is not satisfied with PNP". So you might have a chance to address that and fix and reapply. However, he might not just have seen the PNP letter and gcms notes might say NOC C hence refused.

b) You can reapply with the same docs again. Clearly mentioning that you attached the docs that make you eligible. At least a different visa officer would see it this time and would look at the prior refusal. This would be the fastest option. However, say if they had any issue with your PNP or something else, it would cite the same again and refuse.

c) Submit a case specific inquiry saying you think CIC made a mistake and didn't properly evaluate your file. This would take time - any number of months but if everything in your file was correct and they made a mistake, they would eventually reopen and fix it.

CAUTION: Please double check that they do allow Case specific inquiry for Temp residence applications for reopening or not. My memory is a bit hazy about that since lately i have only seen that for PR applications.

Best and reliable way is gcms notes since you would clearly know IF THERE was a problem in your submission and can address that in next attempt. However, this would take one extra month and could just be a waste of time if the VO simply didn't look at your docs.

 

[vagaur]

You are most welcome. Yeah probably what you said makes sense. They might not have read it. Among the few options you have,

a) Order gcms notes. Those would take a month but MAY BE they pick some thing in your PNP letter which for e.g. VO thinks is incorrect. Or something like "He is not satisfied with PNP". So you might have a chance to address that and fix and reapply. However, he might not just have seen the PNP letter and gcms notes might say NOC C hence refused.

b) You can reapply with the same docs again. Clearly mentioning that you attached the docs that make you eligible. At least a different visa officer would see it this time and would look at the prior refusal. This would be the fastest option. However, say if they had any issue with your PNP or something else, it would cite the same again and refuse.

c) Submit a case specific inquiry saying you think CIC made a mistake and didn't properly evaluate your file. This would take time - any number of months but if everything in your file was correct and they made a mistake, they would eventually reopen and fix it.

CAUTION: Please double check that they do allow Case specific inquiry for Temp residence applications for reopening or not. My memory is a bit hazy about that since lately i have only seen that for PR applications.

Best and reliable way is gcms notes since you would clearly know IF THERE was a problem in your submission and can address that in next attempt. However, this would take one extra month and could just be a waste of time if the VO simply didn't look at your docs.

Thanks for the help

Vagaur

 

[guillecr]

Hi Guys, Anyone have information if is possible to apply for a SOWP at POE (Toronto Airport), I have a PGWP and i met all the requirement but i'm not sure if is possible.

My wife is here with me as a visitor (with a TRV) but she is going back home for Christmas and will come back on January. i we dont want to wait all the processing time that takes online.

 

[fkl]

Hi Guys, Anyone have information if is possible to apply for a SOWP at POE (Toronto Airport), I have a PGWP and i met all the requirement but i'm not sure if is possible.

My wife is here with me as a visitor (with a TRV) but she is going back home for Christmas and will come back on January. i we dont want to wait all the processing time that takes online.

Assuming you and your wife are from a visa exempt country and you have a skilled job - sure she can easily get that at airport.

If you are not and require a visa to enter Canada then there are very few exceptions but still is a complex case to obtain that at Airport.

 

[guillecr]

Assuming you and your wife are from a visa exempt country and you have a skilled job - sure she can easily get that at airport.

If you are not and require a visa to enter Canada then there are very few exceptions but still is a complex case to obtain that at Airport.

We require visa to enter to Canada but she have a valid TRV.

She is traveling alone. Those are my biggest concerns.


Thanks.

 

[fkl]

We require visa to enter to Canada but she have a valid TRV.

She is traveling alone. Those are my biggest concerns.


Thanks.

By law only people from visa exempt countries can do that. In practice i have seen people coming from USA doing that even if they are non exempt (because if you are on a valid status in Canada and coming in from USA ONLY - you do not require visa (though i suspect the rule for this might only be applicable if you are coming via land). Often people with Canadian work permits do that for extension.

So bottom line is - one cannot guarantee - you have to take a chance if that is the route you need.

Some helpful advice, land in business hours on a weekday to get more senior officers - have a good justification (that you can backup with evidence) for applying at border (i have seen people with job offers where employer needs them urgently etc.)