Spousal Open Work Permit refused

Introduction

Receiving a refusal for a Spousal Open Work Permit (SOWP) can be disheartening, especially when the goal is to reunite with your loved one in Canada. A Spousal Open Work Permit allows the spouse or common-law partner of a skilled worker or international student to work in Canada while their partner is employed or studying. It provides an incredible opportunity to maintain financial stability and begin a life in Canada together. However, not all applications are approved. If you had your Spousal Open Work Permit refused, there might be several reasons behind the decision.

Reasons for Rejection of Your Spousal Open Work Permit 

In this blog, we’ll explore the common reasons for refusal, what you can do next, and how to avoid making the same mistakes again. Whether you’re reapplying or seeking information to ensure a successful application, understanding the process can make all the difference.

Incomplete or Incorrect Documentation

One of the most common reasons for refusal is the submission of incomplete or incorrect documents. Immigration, Refugees, and Citizenship Canada (IRCC) is very strict about receiving the required documents in the correct format and within the given deadlines. If you fail to provide the necessary paperwork, your Spousal Open Work Permit application may be automatically rejected.

Documents you should double-check include:

  • Proof of relationship: Marriage certificate or proof of common-law partnership.
  • Proof of your spouse’s status in Canada: This can include their study or work permit.
  • Financial proof: Show that you have enough funds to support yourself while staying in Canada.

Make sure your documents are up to date, translated (if necessary), and meet the SOWP requirements set by IRCC. Reapplying with complete and well-organized documents can significantly increase your chances of success.

Inability to Prove a Genuine Relationship

A key part of your application is proving that your relationship with your spouse or common-law partner is genuine. The IRCC may reject your Spousal Open Work Permit if they suspect that the marriage or relationship is only for the purpose of immigration.

To avoid this, provide strong evidence of your relationship, such as:

  • Photos together
  • Joint bank accounts or leases
  • Emails or text messages showing communication over time
  • Affidavits from friends or family confirming the relationship

It’s essential to show that your relationship existed before your application and continues to be genuine.

Insufficient Financial Proof

Another reason for refusal could be the inability to demonstrate sufficient financial stability. When you apply for Spousal Open Work Permit, you need to prove that you have enough financial resources to support yourself while in Canada. If the visa officer feels that your financial situation is unclear or insufficient, they may refuse your application.

You should submit clear bank statements, proof of income, and a letter of financial support (if applicable) from your spouse. Keep in mind that IRCC is looking for applicants who can maintain themselves without requiring social assistance.

Inaccurate Information or Misrepresentation

Providing any inaccurate information or misrepresenting facts, intentionally or unintentionally, can lead to a quick rejection. Misrepresentation is considered a serious violation and can result in a five-year ban from entering Canada.

Common mistakes include:

  • Incorrect personal details (e.g., name, birth date, or marital status)
  • False claims about your relationship
  • Inaccurate or misleading employment history

Always ensure that every piece of information provided in your application is correct. If you realize an error has been made after submitting, take immediate steps to correct it before it leads to a refusal.

Not Meeting SOWP requirements

Before applying, it’s crucial to understand the SOWP requirements and ensure you meet them. Some key eligibility criteria include:

  • Your spouse or common-law partner must either hold a valid study permit or work permit in Canada.
  • Your relationship must be legally recognized.
  • You must intend to live with your spouse in Canada during the validity of the work permit.

If you fail to meet any of these criteria, your application may be rejected. Understanding the eligibility requirements before you apply for Spousal Open Work Permit can prevent unnecessary delays and refusals.

Lack of Ties to Home Country

Another reason for refusal is not being able to demonstrate strong ties to your home country. The IRCC may assume that you do not intend to return home after your Spousal Open Work Permit expires. They want assurance that applicants will comply with the terms of their permit and leave Canada when it expires if they do not have permanent residency.

To strengthen your case, provide evidence that ties you to your home country, such as:

  • Property ownership
  • Family ties
  • Employment contracts

This helps demonstrate your intent to follow Canadian immigration rules.

Concerns Over Your Spouse’s Status

The status of your spouse or common-law partner in Canada is also crucial to your application. If your spouse’s study or work permit is close to expiration, the visa officer may be hesitant to approve your Spousal Open Work Permit.

Ensure your spouse’s documentation is in order, and their permit is valid for an extended period, to avoid this concern. You may also include details about any future plans to renew or extend their permit if applicable.

What to Do if Your Spousal Open Work Permit is Refused?

If you too had your Spousal Open Work Permit refused, don’t panic. You have a few options to consider:

  1. Requesting Reconsideration: You can request the IRCC to reconsider your application if you believe that the refusal was made in error. This usually involves submitting a detailed letter explaining why you believe the refusal was incorrect, along with supporting documents.
  2. Reapplying: If your refusal was due to incomplete or incorrect documentation, you can fix those mistakes and reapply. Take time to carefully review the reasons for refusal and address each point before submitting a new application.
  3. Appealing: In some cases, you may be able to appeal the decision, especially if you believe it was unfair. You may want to seek legal advice to understand if this is the right option for you.

How to Avoid a Refusal?

Here are a few steps to improve your chances when you apply for Spousal Open Work Permit:

  • Double-check all documents: Ensure every document is accurate and complete.
  • Meet all eligibility criteria: Review the SOWP requirements and ensure you qualify before applying.
  • Prove your relationship: Provide strong evidence that your relationship with your spouse is genuine.
  • Be honest: Provide truthful information in all parts of your application to avoid misrepresentation issues.
  • Seek professional advice: Consider consulting an immigration consultant or lawyer to guide you through the process.

Final Thoughts

Receiving a refusal for a Spousal Open Work Permit can be upsetting, but it’s not the end of the road. By understanding the most common reasons for refusal, addressing them carefully, and ensuring your application is complete and accurate, you can improve your chances of approval. If you’re facing challenges, consider reapplying with more attention to detail or seeking professional assistance to guide you through the process.

For personalized advice or help with your Spousal Open Work Permit application, feel free to reach out to us at Khanna Immigration Services. We’re here to help you achieve your dream of reuniting with your spouse in Canada.