8 Common Reasons Your Spousal Work Permit Gets Rejected

Canada offers a special work permit called the Spousal Open Work Permit (SOWP) for foreign residents, enabling their spouses or common-law partners to work in the country. This opportunity is typically available to the spouses of foreign workers or students, and even those sponsored for permanent residency by a Canadian citizen or permanent resident. However, applying for this work permit isn’t always straightforward, and many applicants find their applications rejected for a variety of reasons.

Understanding the common reasons for rejection and taking the necessary steps to avoid them is key. Here’s a closer look at the main reasons SOWP applications are often refused, along with some tips for overcoming these challenges.

1. Failure to Prove Relationship Genuineness

One of the most crucial aspects of your application is proving the authenticity of your relationship. Immigration, Refugees, and Citizenship Canada (IRCC) requires applicants to show they are in a real, ongoing relationship with the person in Canada.

For married couples, a marriage certificate may be enough, but if you have only recently married, you’ll need additional evidence, such as photographs of the couple together, joint social media posts, or statements from family and friends who can vouch for your relationship.

For common-law partners, it’s even more important to provide supplementary proof, such as proof of cohabitation or financial support, as common-law unions do not have the same legal recognition as marriages in Canada.

2. Lack of Proof of Funds

A critical requirement for the SOWP is that you have enough financial resources to support yourself while in Canada. IRCC wants to ensure that applicants can cover their living expenses without relying on social assistance.

To avoid rejection, provide bank statements for at least six months prior to your application. While there is no specified minimum amount, it is recommended that applicants show at least CAD 13,000 in their accounts. Demonstrating financial independence helps assure the immigration authorities that you won’t become a financial burden on Canada’s welfare system.

3. Failure to Show Intent to Leave Canada

The Canadian government requires applicants to demonstrate that they will leave the country once their work permit expires or their spouse’s permit or study permit ends. This is to ensure that applicants do not overstay their visa and become unauthorized immigrants.

To prove your intent to leave Canada, include a strong cover letter. This letter should explain your ties to your home country, such as family, business, or property ownership. Supporting documents, like proof of property ownership or a letter from your employer in your home country, can further strengthen your case.

4. Missing Proof of Your Spouse’s Enrollment in a Designated Learning Institution (DLI)

If your spouse is an international student, you must provide proof that they are enrolled in a Designated Learning Institution (DLI). Failure to provide this proof can result in rejection. IRCC wants to make sure that student spouses are compliant with study permit conditions.

Provide evidence like your spouse’s acceptance letter, academic transcripts, or a letter from their DLI confirming their current enrollment and program end date. This ensures that your spouse is genuinely a student in good standing in Canada.

5. Lack of Proof of Employment

If your spouse is working in Canada, it is essential to provide proof of their employment. Without this, your application could be rejected.

Include documents such as copies of your spouse’s work permit, recent pay stubs, and a letter from their employer confirming their employment status. This will help demonstrate your spouse’s financial stability and the legitimacy of their ability to support you in Canada.

6. Issues with Past Sponsorship Applications

If you have previously been sponsored by a Canadian citizen or permanent resident and your application was rejected, it may affect your current application for a Spouse Open Work Permit. In this case, it is important to include an explanation letter addressing why your previous application was rejected and what has changed since then. This will help to reassure IRCC that you are now eligible for a work permit.

7. Spouse Received a Government Loan After Gaining Permanent Residence

If your spouse received a government loan after becoming a permanent resident of Canada, it may indicate financial instability, which could lead to a rejection. IRCC may be concerned that your spouse cannot financially support you.

If this applies to you, provide proof that your spouse has repaid the loan and include supporting documents that show they are in a better financial position, such as recent employment details or pay stubs. A letter explaining the situation may also help.

8. Failure to Support a Sponsored Person in the Past

In cases where your spouse or partner has previously sponsored someone to Canada but failed to meet their financial obligations, it can impact your application. To overcome this, your spouse should provide evidence of improved financial circumstances, including bank statements and pay stubs, as well as a letter of explanation.

Differences Between Refused and Returned Applications

It is important to understand that a rejected application differs from a returned one. If your application is rejected, you will lose your application fee, and it’s likely you did not meet the eligibility criteria. In contrast, if your application is returned, it typically means that some documents or information were missing. In this case, you can submit the correct paperwork, and your application will be processed again.

Applying for a Spouse Open Work Permit can be complex, but by ensuring all necessary documents and proofs are included in your application, you can increase your chances of approval. For complex cases, seeking help from a regulated immigration consultant can help guide you through the process and prevent common mistakes.

Final Notes

The Spousal Open Work Permit (SOWP) is an opportunity for spouses of international students or workers in Canada to live and work in the country. However, several factors can lead to the rejection of SOWP applications, including failure to prove the genuineness of the relationship, insufficient financial evidence, or lack of proof that the applicant will leave Canada after their stay. By carefully following the eligibility requirements and providing all necessary documentation, applicants can avoid common pitfalls and increase their chances of a successful application.