Spouse VISA for My Wife got Rejected

[yoyomike]

Hello,

I am working Full-time in one of the Corporate Company in Toronto, Ontario, and I am on Post Graduation Work Permit. I applied for my wife's Spouse VISA from India in February and I just got the rejection in End of the February. I got a rejection as follows:

Subsection 11(1) of the Act states that “a foreign national must, before entering Canada, apply to an officer for a visa or for any other document required by the Regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act.” Subsection 2(2) specifies that unless otherwise indicated, references in the Act to “this Act” include regulations made under it.

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.

I submitted this application Online and gave all necessary documents including Letter of Explanation. I am not sure what I missed in my wife's application. Can anybody please advise that what document I can add next time at a time of applying this Spouse VISA? Is there any quick way like Visitor or something other than this to call my Spouse in Canada?

Kindly advise.

Thanks a lot in advance,

 

[fandv]

Hello,

I am working Full-time in one of the Corporate Company in Toronto, Ontario, and I am on Post Graduation Work Permit. I applied for my wife's Spouse VISA from India in February and I just got the rejection in End of the February. I got a rejection as follows:

Subsection 11(1) of the Act states that “a foreign national must, before entering Canada, apply to an officer for a visa or for any other document required by the Regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act.” Subsection 2(2) specifies that unless otherwise indicated, references in the Act to “this Act” include regulations made under it.

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.

I submitted this application Online and gave all necessary documents including Letter of Explanation. I am not sure what I missed in my wife's application. Can anybody please advise that what document I can add next time at a time of applying this Spouse VISA? Is there any quick way like Visitor or something other than this to call my Spouse in Canada?

Kindly advise.

Thanks a lot in advance,

I believe this forum is more appropriate for your case:

http://www.canadavisa.com/canada-immigration-discussion-board/foreign-workers-b10.0/

 

[Avadava]

Hello,

I am working Full-time in one of the Corporate Company in Toronto, Ontario, and I am on Post Graduation Work Permit. I applied for my wife's Spouse VISA from India in February and I just got the rejection in End of the February. I got a rejection as follows:

Subsection 11(1) of the Act states that “a foreign national must, before entering Canada, apply to an officer for a visa or for any other document required by the Regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act.” Subsection 2(2) specifies that unless otherwise indicated, references in the Act to “this Act” include regulations made under it.

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.

I submitted this application Online and gave all necessary documents including Letter of Explanation. I am not sure what I missed in my wife's application. Can anybody please advise that what document I can add next time at a time of applying this Spouse VISA? Is there any quick way like Visitor or something other than this to call my Spouse in Canada?

Kindly advise.

Thanks a lot in advance,

I am a little bit confused. Did your wife apply for a work permit under the skilled worker category or a spousal visa under the family class? If it's the spousal visa, then you applied in the wrong place. Spousal visa cannot be applied for online. Please read this thread with information on the steps you need to take to sponsor your wife under the family class: http://www.canadavisa.com/canada-immigration-discussion-board/spousal-sponsorship-t46995.0.html

 

[SenoritaBella]

1. What kind of work permit did your wife apply for? Normal work permit or Spousal Open Work Permit (SOWP)?

2. It sounds like she applied for a normal work permit without a positive LMO (labor marker opinion), hence the rejection. Her employer is supposed to show that they could not get a Canadian citizen or permanent resident to do the job in order for Human Resources and Skills Development Canada (HRSDC) to issue a positive LMO. She then has to include this LMO with her work permit application.

This is what the visa officer meant by, "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."


May be she should consider applying for a Spousal Open Work Permit (SOWP) instead. She does not need to have a job offer to apply because the spouses of foreign students or spouses of temporary foreign workers (with skilled jobs) are eligible to apply for a SOWP.

So the question now: is your job skilled (i.e. falls under NOC O, A or B)? If it is, then your wife is eligible to apply for this type of work permit and she would not need a LMO in this case.

See this, under "If your spouse wants to work in Canada: http://www.cic.gc.ca/english/work/apply-who.asp

If your spouse wants to work in Canada

If you have a spouse or common-law partner who wants to work while in Canada, they must apply for their own work permit. Normally, they must meet the same rules as you do. This includes their employer getting a LMO, if needed.

Your spouse or common-law partner may be able to apply for an “open” work permit. This is a permit that will let them accept any job with any employer if:

A.You are

•approved to work in Canada for six months or longer,
•doing work in Canada that meets a minimum skill level (usually work for which you need at least a college diploma) and
•doing a job at Skill Level 0, A or B in the National Occupational Classification.

Note: If you have a post-graduation work permit, your spouse must attach a copy of your work permit to their application for an open work permit, as well as a:

◦ letter from your current employer that confirms you work there, or a copy of your employment offer or contract, and
◦ copy of one of your pay slips.

Or,

B.You are approved to work in Canada and your spouse or common-law partner is eligible for a work permit through a pilot project. Pilot projects here: http://www.cic.gc.ca/english/work/occupations.asp

In each case, your spouse's permit will be valid no longer than yours.

See here for the pilot projects: