What to Do If Your Spouse Open Work Permit Application is Denied
Moving to Canada with your spouse is an exciting adventure, but it can come with challenges. One major hurdle is getting a Spouse Open Work Permit (SOWP). This permit offers great opportunities but the application process is complex and rejections happen often.
If your SOWP application was denied, don’t lose hope. This guide will help you understand why it happened and what to do next. We’ll walk you through the reasons for rejection and the steps you can take to improve your chances of success.
Contents
What’s a Spouse Open Work Permit?
A SOWP lets you work for any employer in Canada. It’s for spouses of foreign workers or students in Canada. You can also get one if your Canadian spouse is sponsoring you for permanent residence. This permit gives you the freedom to work anywhere in Canada, unlike other work permits that tie you to one employer.
Who Can Get a Spouse Open Work Permit?
To be eligible for a Spouse Open Work Permit, applicants must meet several criteria:
- The applicant’s spouse should hold a valid work or study permit in Canada.
- Proof of a genuine relationship with the spouse is essential.
- Financial stability is key – having enough funds to support oneself in Canada is necessary.
- Unless planning for permanent residency, there must be a clear intention to leave Canada when the permit expires.
- A clean bill of health and a clear criminal record may be required in some cases.
Why It’s Hard to Get
Getting a SOWP isn’t easy. The government wants to make sure only real couples get this permit. They look closely at every application. There are also lots of people applying, which makes the process slower.
You need to prove you’ll leave Canada when your permit ends. This can be tricky. You also need to show you have enough money to live in Canada. For some couples, especially if one person is still studying, this can be hard.
What to Do If Your Application is Denied
Inviting your spouse to Canada is exciting. You don’t have to be apart for long if you’re working here or are a permanent resident. Spouse Open Work Permits (SOWPs) are usually quick. They take about 30 days to process and have a 90% approval rate. That’s great news!
But sometimes, applications get denied. It’s frustrating, but don’t lose hope. What can you do if your application is rejected? Can you change the decision? Are there other options? Let’s look at what you need to know if this happens to you.
1. Understand Why You Were Denied
Read your rejection letter carefully. It should tell you why your application was turned down. There are several common reasons for refusal: lack of evidence of the relationship, insufficient funds and lack of evidence that they will leave Canada afterward. However, if you do not know why ask more questions to the department.
2. Fix the Problems
Once you know why they refused you can work on those problems. If it was a matter of trust in your relationship, then provide further evidence such as joint bank accounts or pictures taken together among other personal documents such as letters from friends.
If you don’t have enough money, try to save more. While there’s no official amount, having about $13,000 CAD in savings is a good idea.
If you need to show you’ll leave Canada later, write a letter explaining your ties to your home country. Talk about family, property, or job prospects back home.
3. Make a Stronger Application
Now that you’ve fixed the issues, make a new, better application. Use the newest forms from the government website. Fill out everything completely and correctly. Write a letter explaining how you’ve fixed the problems on your first try. Organize your documents clearly.
4. Choose How to Reapply
You have two main choices:
- Submit a New Application: This is often the best choice. You can fix all the issues on your first try.
- Appeal the Decision: If you applied from outside Canada, you might be able to appeal. This can be complicated, so you might want to get legal help. If you applied from inside Canada, you can’t appeal, so you’ll need to submit a new application.
5. Get Help If You Need It
It’s common for immigration applicants to feel stuck when their application is denied. You don’t need to panic or struggle alone for long. There are many reputed immigration lawyers and consultants who can review your case. They can help you in many ways.
These experts will help you gather the right proof and strengthen your application. They know how to present your file correctly and avoid mistakes you might have made the first time. Remember, Canadian immigration authorities aren’t trying to be difficult. They check every application thoroughly because they want to make sure you qualify. Sometimes things don’t go as planned, but there are always positive ways to tackle the situation without getting frustrated.
Here are some final tips to keep in mind:
- Be honest in your spouse’s open work permit application. Never try to hide information or submit false documents.
- Keep copies of everything you submit.
- Stay up-to-date on any changes to Canadian immigration rules.
- If you’re reapplying, do it as soon as you’re ready. Don’t wait too long, as rules or your situation might change.
- While waiting, make sure your spouse maintains their status in Canada.
Getting denied can feel like a big setback. But it’s a chance to make an even stronger spouse open work permit application. Take time to understand why you were denied. Fix each issue carefully. Then present a strong case in your next try. Your hard work can make all the difference. Good luck with your next application!