Dependant Visa Refused

[amomin86]

Hello,
I am an international Student in canada and my wife want to come canada so she applied for an Open Work Permit Visa but she got refusal and officer have given these conditions:

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 need help on this issue please..

 

[terki]

NO - no LMO is needed

OWP is in canada processing unless specific exceptions

pm me if u need more details

she is eligible to get a tRV - land in canada and convert to owp

 

[Leon]

Did she write on the work permit application that she is requesting an open permit as the wife of a student as well as send copied of your passport, study permit and your marriage certificate? If yes, then the refusal was in error. She should apply again. If no, she should do that and apply again.

 

[amomin86]

Thanks Leon..
she have already provide all the information. Now she will apply it again but i would like to know that what information i need to disclose in letter of explanation. one of my friend didnt write any letter but his wife got visa.

Please advise me.

 

[Leon]

She should write that she is applying for an open permit as the spouse of an international student. Hopefully she will get a different visa officer for the second application.

 

[amomin86]

Leon,
She have already disclosed that before... and do i also need to mention that we will leave country after work permit expires.

 

[tzr]

Hello,
I am an international Student in canada and my wife want to come canada so she applied for an Open Work Permit Visa but she got refusal and officer have given these conditions:

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 need help on this issue please..

Sorry to hear that when did she apply, where n when did she get her refusal mail

 

[amomin86]

TZR,
She apply from Pakistan and she got letter from canadian high commission

 

[amomin86]

Hello,
I have a quick question which is,

I am an International Student in Canada and my wife is apply on an open work permit from pakistan so while filling an family information form do she need to check "Yes" in front of my name in respective column of Accompanying you to Canada.

Looking forward for your Answers.

 

[terki]

YES it was wrongly dealt by immigration and you have no chance to appeal in this category

re-apply

 

[Angie76]

Hello
My boyfriend (Australian) got 4 years working visa then I applied for Open Work Permit from London (I am Polish) but I got refusal and officer have given these conditions:

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 write on the work permit application that I am requesting an open permit as we are in Common-Low relationship
Please advice me cause I will apply it again

 

[fkl]

Yes, exactly as Leon said, it has been dealt wrongly. Some how they didn't realize that she is wife of a student (i hope a full time degree like Masters in a Canadian university), not some lower level course in a college in Canada. Also you need to have more than six months left in your study permit at the time your application is processed.

The only additional thing you can do is to show some financial capability / funds either in her name or if you the student has saved something in Canada.

Because students are already required to show proof of funds for a year because they cant work full time in Canada. When you add a spouse to that, you need to show enough funds too to be able to support her for say a year if she does not get a job (likely). That is like 5-6k CAD which should be sufficient.

This comes from some one who recently went through the same though because i had a job offer from Canada and i applied for my wife and kids together - along with me (wife Open work permit and kids trvs), we got all approved along. I didn't need proof of funds, because my LMO and job offer was the substitute.