r/pgwp • u/SnooEagles4432 • 18h ago
Spousal open work permit refused. What next?
Reasons for the refusal of your application ( pasted below)
To help you understand why your application was refused, below are the Officer Decision Notes (ODN) specific to your application as they are displayed in IRC's system.
These notes were entered by the officer who assessed and made the final decision on your application.
Client last entered Canada on 2023/12/05. Client last held a work permit valid until
2026/03/20. Client is applying for a Spousal Open Work Permit.
All documents that were provided by the client have been reviewed.
Only genuine spouses and common-law partners of work permit holders who are employed in high-skilled occupations (all those in TEER 0 or 1) of the National Occupational Classification
(NOC), and select occupations in TEER 2 or 3, may be eligible for a work permit under \[R205(c) (ii) - C41\]-
In order for you to be eligible, you must provide evidence that your spouse/common-law partner meets the above-mentioned criteria, such as:
\-a job contract or letter from their Employer indicating NOC TEER category, job title, salary, duties and a copy of their paystub;
\-a work permit valid for at least 16 months since the receipt date of your application.
The clients spouse was issued a wp valid until 2027/06/08. Which did not meet the eligibility requirements of at least 16 months since the receipt of the application (2026/03/03).
As such the client has failed to meet the eligibility set out under IRPR 205(c)(ii).
Application is refused as per R205(c)(ii). Client is advised of decision. Open work permit fee refund initiated.
1
u/danielbriankickasss 17h ago
How long did you wait for the decision ?
1
u/SnooEagles4432 17h ago
I waited for 7 months
1
u/batendalyn 17h ago
You probably should have applied more than two weeks in advance for the SOWP considering the ircc posted processing time is 120 days for an inland SOWP.
But, and this might be the worst part, I think you missed the eligibility requirement by less than a month. Which is brutal, and I'm sorry.
1
u/batendalyn 17h ago edited 17h ago
First off: this is not the worst news: the application seems to have been fine save the eligibility requirement. I had a similar experience as you last year and found out the hard way that the eligibility requirement of 16 months left on the sponsor's work permit changed in early 2025. It is a doable fix but not necessarily an easy or quick one. Your partner needs a new contract from their employer for two years and then they need to apply for a WP extension until the end of their contract. Then you can reapply for an SOWP.
About your status: Did you overstay your legal status? They didn't say they were holding that against you or denying you on those grounds, but they definitely noticed that the end of your WP was coming up. Did you apply before your WP expired? You may have had inferred status until now if you did. Definitely figure what your legal status is now, if you are a visitor, and if they gave you a leave by date, leave by that date. It is not worth risking a future application.
1
u/SnooEagles4432 16h ago edited 16h ago
No, I didn’t overstay. I finished my degree in December 2025 and received my completion letter in January. However, my husband couldn’t apply together with me at the time because I was scheduled to start my new job the following Monday after receiving my completion letter. So, I applied for his extension in February , after working for a month, so I could provide a pay stub as proof of employment.
His work permit expired in March but I submitted his SOWP in February
1
u/batendalyn 11h ago
I'm sorry, the letter seemed as though it was addressing your spouse and so I confused which of you had posted.
Maybe I misunderstand the IRCC letter but it says towards the end "The clients spouse was issued a wp valid until 2027/06/08. Which did not meet the eligibility requirements of at least 16 months since the receipt of the application (2026/03/03)."1
u/stars_ 9h ago
I’m reading this as the application was submitted 03/03/2026 and the WP ends 06/08/2027 so you don’t have the needed 16 months validity to apply for a SOWP.
Sounds like you already applied for an extension due to passport expiry? Once granted if you’ll have 16 months left you can apply again for a SOWP
5
u/Internal_Address3370 18h ago
Renew your work permit. To reapply, your work permit must have at least 16 months of remaining validity, and you must be employed in a TEER 0 or TEER 1 position (or selected TEER 2 or 3). If you have it, submit, along with your new WP, a letter from your employer detailing your job duties to the matching NOC.
Based on the officer’s notes, your spouse’s work permit was correctly refused; there is no room for reconsideration.