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Spouse Open Work permit

butterfly11

Star Member
Sep 14, 2014
55
1
manojv said:
Hello,

I have applied 3rd time for my wife with same medicals which took in April.Last application was submitted on 7th Sept with same medicals and got approved on 6th Nov.
Hi Manojv,

Did you make a response to the refusal letter? which you think you made a mistake when you reapplied?
About the medical, you just enclosed the receipt right?
Thank you!
 

butterfly11

Star Member
Sep 14, 2014
55
1
shallu7287 said:
Travel history
Personal assets
Strong ties to Canada
Current employment situation
They are not satisfied if he will leave Canada by the end of authorized stay.
M pnp holder we have application that is in process in cic
We applied under dual intent
They refused the application after 10 days over the processing time.
That was fast. Is it your first application?
Did they indicate in the refusal letter all those reasons?

I was wondering about that PNP application that you have because mine is also in process.
But the only reason for my refusal is that we did not demonstrate that we are in common law.
We will try to reapply but I hope my PNP app will not affect our application.
 

alex687

Member
May 19, 2015
18
0
Hello,

I got nominated from Ontario's Provincial Nominee Program in July 2015 (non express entry). I have my wife open work permit being filed in May 2015. Its been alomst six months. Meanwhile I got my one year experience in Canada and got an ITA under express entry. Now I had a choice to apply under EE or PNP. I choose to apply under EE which is still under process.

Keeping the above situation in mind. I am now worried about my wife's open work permit. I talked to many people and a lawyer of mine to ask if I should submit my PNP with the current application and they all told me since you have built a case in which you stated that your wife will go back to the country of origin and PNP will disprove that claim. I am not sure what to do. I need help and an expert advice regarding this scenerio. My wife has applied online for her TRV in Islamabad Pakistan where the processing time is 6 months.

Your help is really appreciated and desired.

Thank you,
 

fkl

VIP Member
Apr 25, 2013
3,351
218
Canada
Visa Office......
Inland / Previously Pak
NOC Code......
2173/4
alex687 said:
Hello,

I got nominated from Ontario's Provincial Nominee Program in July 2015 (non express entry). I have my wife open work permit being filed in May 2015. Its been alomst six months. Meanwhile I got my one year experience in Canada and got an ITA under express entry. Now I had a choice to apply under EE or PNP. I choose to apply under EE which is still under process.

Keeping the above situation in mind. I am now worried about my wife's open work permit. I talked to many people and a lawyer of mine to ask if I should submit my PNP with the current application and they all told me since you have built a case in which you stated that your wife will go back to the country of origin and PNP will disprove that claim. I am not sure what to do. I need help and an expert advice regarding this scenerio. My wife has applied online for her TRV in Islamabad Pakistan where the processing time is 6 months.

Your help is really appreciated and desired.

Thank you,
That is the most ridiculous statement (from lawyer) i have heard yet. There is a formal term called DUAL INTENT, which primarily refers to a PR application in process along with a work permit. It is perfectly legal and okay and CIC goes on to state that they evaluate each application on its merit. For work permit, they would still see (ignoring PR) that if it looks likely for her to overstay illegally - they could refuse or accept if they don't. That has no bearing.

If any thing having a PR in process only helps. You can search and read details of dual intent for further clarify.
 

Jaclineee

Newbie
Nov 9, 2015
1
0
Hi all

I submitted my application for an open work permit on 10 July in Canada through the lawyers who helped process my partner's work permit when he was transferred to Toronto from Switzerland in October 2013. After a long wait (it's exactly 4 months today), we were informed by the lawyers that the application was approved and the work permit is on its way to me.

I've been browsing these forums since before we submitted the application and the high number of rejected applications worried me a lot and I hope my approved application gives the rest of you still waiting for an answer some hope!

A bit of background, I come from a visa exempt country (Singapore) and have been living in Toronto as a visitor since Oct 2013 although I've been home a few times in between and my visitor record was always renewed (6 mths)upon my arrival back in Canada. I applied for an extension once so I could stay for a full year to establish common law status with my partner which enabled me to apply for the open work permit. My recent visitor record expired in Aug so I was on implied status while my application was being processed.

Good luck to the rest of you! Fingers crossed!
 

shallu7287

Hero Member
May 29, 2014
224
1
@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.
 

fkl

VIP Member
Apr 25, 2013
3,351
218
Canada
Visa Office......
Inland / Previously Pak
NOC Code......
2173/4
shallu7287 said:
@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.
Hi shallu,

I am sorry to hear that. I would suggest ordering gcms notes. There must be some thing over looked.
 

jassi2427

Full Member
Oct 7, 2015
26
3
Category........
Visa Office......
Sydney, Nova Scotia
NOC Code......
2132
Job Offer........
Pre-Assessed..
App. Filed.......
27-July-2015
Nomination.....
15-May-2015
AOR Received.
02-Nov-2015
Med's Done....
28-APR-2016
Passport Req..
21-OCT-2016
Got my wife's work permit rejected on behalf of ties of country, travel history and personal assests. i had submitted my PNP certificate, federal PR submission receipt but didn't work.
 

fkl

VIP Member
Apr 25, 2013
3,351
218
Canada
Visa Office......
Inland / Previously Pak
NOC Code......
2173/4
jassi2427 said:
Got my wife's work permit rejected on behalf of ties of country, travel history and personal assests. i had submitted my PNP certificate, federal PR submission receipt but didn't work.
Sorry to hear that. Just wanted to add that Work permit (temp residence) is kind of evaluated separately from permanent residence. So PNP cert and PR submission won't have much of an impact. Obviously you would get PR via that hopefully and get here eventually.

What they are trying to see in this is mainly based upon your current work, financial and otherwise situation to predict if you would possibly overstay given you don't get a legal way to continue.

They are basically trying to prevent the scenario that having a PR in process you could get here temporarily while PR completes.
 

jassi2427

Full Member
Oct 7, 2015
26
3
Category........
Visa Office......
Sydney, Nova Scotia
NOC Code......
2132
Job Offer........
Pre-Assessed..
App. Filed.......
27-July-2015
Nomination.....
15-May-2015
AOR Received.
02-Nov-2015
Med's Done....
28-APR-2016
Passport Req..
21-OCT-2016
fkl said:
Sorry to hear that. Just wanted to add that Work permit (temp residence) is kind of evaluated separately from permanent residence. So PNP cert and PR submission won't have much of an impact. Obviously you would get PR via that hopefully and get here eventually.

What they are trying to see in this is mainly based upon your current work, financial and otherwise situation to predict if you would possibly overstay given you don't get a legal way to continue.

They are basically trying to prevent the scenario that having a PR in process you could get here temporarily while PR completes.
Yes fkl, looks like this is what has happened to my wife;s case. Anyway now i will try to get my PR things done fast. Thanks for your support on this forum. i am sure this helps everyone.
 

shallu7287

Hero Member
May 29, 2014
224
1
fkl said:
Hi shallu,

I am sorry to hear that. I would suggest ordering gcms notes. There must be some thing over looked.
Hi fkl,
I have ordered gcms notes. But now m focusing on getting PR. I have my husband on my PR application.
Thanks a lot for your help.
Success and failures are part of life but I won't give up!!
 

fkl

VIP Member
Apr 25, 2013
3,351
218
Canada
Visa Office......
Inland / Previously Pak
NOC Code......
2173/4
shallu7287 said:
Hi fkl,
I have ordered gcms notes. But now m focusing on getting PR. I have my husband on my PR application.
Thanks a lot for your help.
Success and failures are part of life but I won't give up!!
Sure most certainly and you are welcome. Besides this is not even some success or failure that is based upon individual effort. It is just a tentative profile match based upon many hunches and is more often unfair than it should be. You might just have totally missed providing something they deemed really important OR your spouse's background might not have looked convincing to them for some strange reason.

All the very best. Eventually this wont matter once you get the PR. Trust me, being on work permit has its own issues. Good luck
 

butterfly11

Star Member
Sep 14, 2014
55
1
Hi Fkl and everyone!

We are also in the process of applying again for SOWP as a PNP holder. My partner got refused because we did not demonstrate that we are in a common law relationship.
I believed our mistake was with the IMM5405 where you are supposed to fill up the dates of your cohabitation we put in the total # of years
of our relationship up to present instead of putting in April 2009- March 2012 wherein we lived in as common law partners. We have tons of evidences for those years including the residential lease, joint account (upto present), insurance, CRA showing my partner as common law and more evidences that we live together for 2yrs and 11 mos and our relationship is on going up to present. That's the only thing we are thinking that we made a mistake.

Previously, I only put in my PNP certificate plus the support letter from Alberta, but now I got my PNP AOR.
Is it okay to tell them that he is my dependant with my PR?
Ever since I apply for my work permit extensions, visa etc.. I always put my partner as my common law partner.
I was reading about the "dual intent", will it really affect the SOWP application?

We put in the letter that we will follow the timeframe of the validity of our work permit and we will return home if ever we will not have a positive result with the PR or when
our work permit expires on july 2017.

We applied for GCMS just last week but just waiting for the result. I have strong feeling that our mistake was the form. We submitted the same evidences with our PR application sent July 2015.

Getting refuse is really frustrating, but we dont want to give up. We would like to reapply again for SOWP even if our PNP is on process. I would like to live with him as soon as possible. It's been a while that we are not together.

Please everyone...guide us with this. Need your inputs badly. Thank you.

And by the way, according to CIC website the open work permit fee is refundable if you get refused.

Did anybody get their refund? We called VFS in Hong Kong, they said No, I understand that we cannot get the service fee but how about the OWP fee?

Thank You.
 

Kumard21

Star Member
Apr 14, 2014
52
1
Hi Friends,

I came to Canada as Open Work Permit Status in 2014, when i applied for work permit in my home country as dependent of my spouse who is on student permit in Canada at that time. At that time i got OWP and i came to canada. Recently my work permit was expired.

I and my Spouse both applied for work permits, My spouse applied for Post graduate work permit and i applied for extension of my OWP. Now Immigration department approved PGWP for my spouse but they refused my application with in a week my spouse application was approved. And they are saying as

"As the spouse of a holder of a Post Graduate work permit, you have not provided sufficient evidence to prove that your spouse is employed in an occupation that falls within the National Occupation Classification Skill level of 0, A or B. You may be eligible to re-apply for a work permit if you are able to provide proof that your spouse is a skilled worker in Canada, which may include a letter from your spouse’s employer, stating his/her job title, duties, and salary. If you cannot prove that your spouse is in a skilled occupation, your application for a work permit cannot be approved without a Labour Market Impact Assessment from Employment and Social Development Canada"

Please help me if you have any information about this,
What is the process for applying for Restoration of Work Permit, What are the documents have to submit.

I am confused, do I need to submit any “Explanation Letter” why i am applying for restoration or not? if so what is the format for the letter.