Spouse Open Work Permit Refusal

Has Your Spousal Open Work Permit Application Been Refused?

If you are working or studying in Canada, it is wise to bring your spouse and dependent family members to live with you. As per Canadian immigration rules, the spouse is deemed eligible to apply for an open work permit that lets them work in Canada full-time while you continue to study or work. If you need any help with Refused Spousal Open Work Permit? Contact us today!

Even though family reunification and support are a priority for the Canadian government, the spouse open work permit visa application may be refused. Suppose your common-law partner or spouse was looking forward to the stability and certainty that comes from receiving a work permit. In that case, it is important to get professional legal guidance and find out the legal options available to you.

Understand The Reasons For Refusal Of Spouse Open Work Permit

Before you proceed, you should find out the clear reasons for the rejection of your spouse's open work permit. One of the first things that you should do is check the open work permit letter to find out the exact reason for the refusal of the visa.

Here are a few reasons that may have led to the spouse open work permit visa being rejected:

1. Living outside Canada – if your spouse lives outside Canada, their application cannot be approved under the pilot program. The program is designed for applicants residing in Canada who also have the legal and valid status to live in Canada.
2. Living apart from the spouse – if your spouse is residing in Canada but not living at the same address as you are, the visa officer may end up rejecting the application.
3. Legal Status to Live has expired – since the spouse is required to have legal and valid resident status in Canada, it is possible that their eligibility to live in Canada has expired or is due for expiry. In such a situation, the visa officer may request your spouse to renew the residency status in Canada before applying for an open work permit.
4. Active Classes – In cases of student spouses, the studying spouse will need to provide documentary proof that they are actively enrolled in classes in Canada; otherwise, the visa officer may reject the application.
5. Financial Support – In the case of student spouses, the spouse who is studying will be required to show documentary proof of finances to support both of them. If this factor is not shown satisfactorily, the spouse's open work permit application may be liable for rejection.
6. Employment Evidence – In cases where the spouse is working in Canada, they will need to provide the employment documents and supporting proof, including a clear statement of the duties performed in the skilled role.
7. Connection to Home Country – In the spousal open work permit application, the ties of the spouse to their home country and intention to return to Canada after work permit expiry should be clearly mentioned. If the visa officer is not convinced of this factor, they may end up refusing the visa application.
8. Validity of Marriage – the visa officer will also check the validity of your relationship. Lack of marriage proof or absence of relationship evidence can lead to rejection of your spouse's open work permit application.