It can be a difficult process to obtain a spousal open work permit. The process can become even more complicated when you are informed that your application has been refused. You may be feeling frustrated, confused, and overwhelmed by the news. However, it is important to understand why your application was not accepted so that you can address any issues before re-submitting or you can reach out to our team at SayHomeCanada Immigration.
Reasons why Spousal Open Work Permit gets Refused
There are 8 common reasons why a spousal open work permit might be refused, and this blog will provide an overview of these reasons.
1. Failure to Prove Genuineness of Relationship
For Immigration, Refugees and Citizenship Canada (IRCC) to approve your Canadian spouse’s application for a spousal open work permit, they must be satisfied that the relationship is genuine and continuing.
This means that you must demonstrate how long you have been in a relationship with your spouse and how serious it is (e.g., marriage certificate). Providing evidence of communication between the two of you such as emails or text messages can also help prove the genuineness of the relationship. They may even request additional documents from both spouses if they feel the relationship is not genuine or that it was only created to obtain a work permit.
2. Lacking Proof of Funds
You must also provide proof that you have sufficient funds available to support yourself while living in Canada with your spouse on a spousal open work permit.
IRCC requires applicants to show proof of their financial resources, such as bank statements or pay stubs from employment outside Canada over six months prior to their application submission date. If you do not have enough money in these accounts, then your application may be refused due to a lack of financial resources available for support in Canada.
3. Failure to Prove You Will Leave Canada at the End of Your Stay
When applying for a spousal open work permit, IRCC requires applicants to demonstrate that they intend on leaving Canada at the end of their stay here to ensure compliance with immigration laws and regulations. This means providing proof that they have ties outside of Canada such as owning property abroad or having family members living abroad or employment commitments outside Canada etc., which will encourage them to leave when their stay here ends.
4. No Evidence That Your Spouse Is Currently Attending A DLI (Designated Learning Institution)
IRCC requires applicants’ spouses who are studying in Canada under student visa status but are no longer attending school full-time due to graduation or any other reason, must provide evidence that they were previously enrolled at an approved Designated Learning Institution (DLI) during their most recent study period in order for the applicant’s spousal open work permit application to be accepted.
This could include recent transcripts, tuition fees paid, or any other relevant document proving their enrollment status with the DLI approved by Immigration Refugees and Citizenship Canada (IRCC). Without this type of documentation, your application could be refused.
5. Missing Proof of Employment
Another possible reason why your spousal open work permit may be denied is if you cannot provide proof of employment during your stay here in Canada – including offers of employment or letters from employers confirming job availability within the country once you arrive here with your visa in hand.
Without such evidence, immigration officers may decline your application due to a lack of assurance regarding future employment prospects within the country itself.
6. If You Were Sponsored by A Canadian Permanent Resident or Citizen in The Past
It’s important to know that if you were sponsored by a Canadian permanent resident or citizen within 10 years before applying for an open work permit then it’s likely that your application will be refused due to immigration fraud suspicion on part of either party involved in the sponsorship process.
7. If Your Spouse Received a Loan from The Government After Getting Permanent Residence
If your spouse received any kind of loan from the government after getting permanent residence then this could lead to complications with obtaining approval from Canadian immigration officials as this might result in refusal from immigration officials who view unpaid loans as potential risks associated with allowing entry into the country through sponsorship visa applications.
8. If you had Sponsored Someone Before and Failed to Support them
IRCC will also take into consideration if the applicant had sponsored someone before but failed to meet all obligations stated under Immigration Rules/Laws related sponsorship process which consequently results in the sponsor failing their responsibilities towards the sponsored person(s) while staying/living in Canada temporarily/permanently respectively.
While there are many reasons why an individual’s spousal open work permit could be refused by immigration officers upon initial review, understanding each possible rationale ahead of time gives applicants greater control over how best to prepare their paperwork and increase their chances for success upon submission – no matter what stage they’re at in life!
Whether it’s providing additional evidence regarding financial stability or simply making sure past sponsorships have been properly fulfilled prior to attempting another visa request – these eight points should serve as helpful reminders when it comes time to fill out all necessary forms and submit them accordingly! Good luck!
If you have any further questions, feel free to reach out to one of our immigration experts at SayHomeCanada Immigration.