Spousal Open Work Permit Refused Inside Canada? Understanding Your Options
Receiving a refusal on your Spousal Open Work Permit (SOWP) application can be stressful, especially when you are already living in Canada. However, a refusal does not always mean the end of your immigration journey. Depending on your situation, you may have options such as requesting reconsideration, applying for restoration of status, or submitting a stronger new application.
Why Was My Spousal Open Work Permit Refused?
Before taking any action, carefully review the refusal letter from Immigration, Refugees and Citizenship Canada (IRCC). Common reasons for refusal include:
• Insufficient proof of relationship
• Missing or incomplete documents
• Ineligibility of the principal applicant
• Failure to meet current SOWP requirements
• Concerns regarding temporary resident status
• Lack of supporting evidence requested by IRCC
Understanding the reason for refusal is the first step toward choosing the right strategy.
Option 1: Requesting Reconsideration
A reconsideration request asks IRCC to review the application again if:
• Important documents were overlooked
• An assessment error was made
• Relevant information was not considered
• The refusal was based on a misunderstanding of the facts
While IRCC is not obligated to reconsider a decision, a well-supported request may be successful in certain cases.
Option 2: Restoration of Status
If your temporary resident status has expired following a refusal, you may be eligible to apply for restoration of status.
Generally, restoration must be requested within 90 days of losing status. During this period, you must stop working until a decision is made.
Applicants should:
• Meet restoration eligibility requirements
• Submit the appropriate application
• Pay the applicable restoration and permit fees
• Provide all required supporting documents
Missing the restoration deadline can significantly affect future immigration options.
Option 3: Reapplying for a Spousal Open Work Permit
In many situations, a stronger new application is the best solution.
Stronger Relationship Evidence
Provide documents that demonstrate a genuine and ongoing relationship, such as:
• Marriage certificate
• Joint bank accounts
• Joint lease or mortgage
• Photos together
• Communication records
• Travel history
• Shared financial documents
Updated Eligibility Documents
Include current documents related to the principal applicant's work, study, or immigration status.
Detailed Explanation Letter
A clear explanation letter should address the previous refusal and explain how the concerns have been resolved.
Complete Supporting Documentation
Carefully review all requirements to ensure no documents are missing before submitting a new application.
Can I Work While Waiting?
If you have lost your status and are applying for restoration, you generally cannot work until your status is restored and a new work permit is approved.
Working without authorization may negatively impact future immigration applications.
When Should You Seek Professional Assistance?
Every refusal is different. The best strategy depends on:
• The reason for refusal
• Your current immigration status
• Whether your status has expired
• How much time has passed since the refusal
• Your eligibility under current immigration policies
Professional guidance can help identify the most suitable path forward.
Need Help After a Spousal Open Work Permit Refusal?
BridgeWorld Visa Solutions assists clients with:
• Refusal assessments
• Reconsideration requests
• Restoration of status applications
• Spousal Open Work Permit reapplications
• Document review and application preparation
• Immigration strategy consultations
Contact BridgeWorld Visa Solutions today to discuss your situation and explore the best options available for your case.