Why is a spouse open work permit refused in Canada?
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A Spouse Open Work Permit (SOWP) application may be refused if an immigration officer is not satisfied that the applicant meets the eligibility requirements under Canadian immigration regulations and applicable public policies. Most refusals are not based on fraud, but on eligibility, documentation, or compliance issues at the time of assessment.
Common Reasons for SOWP Refusal
Principal applicant not eligible
Because a SOWP is tied to the principal applicant’s status in Canada, refusals often occur when the principal does not meet current requirements, such as:
- insufficient remaining validity on the principal’s work/study permit
- ineligible occupation (NOC/TEER) or ineligible study program
- loss of valid status in Canada
Student or sponsorship-specific issues
Refusals can also happen due to category-specific requirements, for example:
- student not enrolled full-time or proof of enrolment is outdated/unclear
- missing or invalid Acknowledgment of Receipt (AOR) for in-Canada spousal sponsorship OWP cases
- PR application returned/incomplete or other eligibility conditions not met
Insufficient proof of relationship
While IRCC does not do a full relationship assessment for SOWP the way it does for PR sponsorship, officers must still be satisfied the relationship legally exists. Refusals may occur due to:
- missing marriage certificate or common-law declaration (IMM 5409)
- inconsistent dates, addresses, or relationship timelines across documents
Missing or inadequate documentation
Applications may be refused when required documents are missing, unclear, expired, or uploaded incorrectly, including:
- missing translations or incomplete translation package
- unpaid/incorrect fees, missing biometrics completion, or medical exam requirements (if applicable)
- poor-quality scans or wrong document uploaded to the wrong placeholder
Temporary resident intent or compliance concerns
Even though it’s an open work permit, applicants must still show they will comply with conditions. Concerns may arise due to:
- prior immigration non-compliance (overstay, unauthorized work/study, etc.)
- inconsistent travel or status history
- weak explanation of plans and compliance, especially for out-of-Canada applications
Application errors or technical issues
Refusals may also result from:
- incorrect answers in the online questionnaire
- selecting the wrong application category
- uploading documents to incorrect sections (leading to assessment under the wrong criteria)
Options After a SOWP Refusal
When people say “appeal” a SOWP refusal, they usually mean one of the options below. In most cases there is no formal right of appeal, since this is a temporary resident decision.
Reapplying (most common option)
Reapplying is often the most effective route when the issue was eligibility proof or documentation. A stronger reapplication typically focuses on:
- fixing omissions or mistakes from the first application
- providing clearer/stronger evidence (e.g., updated employer letter or enrolment proof)
- directly addressing the concerns raised in the refusal
Request for reconsideration (limited use)
This may be appropriate when there is a clear error, such as:
- an officer appears to have overlooked a document that was submitted
- a clear factual/procedural mistake is identifiable
Reconsideration is discretionary and IRCC is not required to change the decision.
Judicial review (rare)
Judicial review at the Federal Court may be considered only in limited situations involving legal/procedural error or an unreasonable decision. Key points:
- it is not a re-assessment of the application
- the Court does not approve permits
- if successful, the file may be returned to IRCC for reassessment
Important Note
Before taking any further action, applicants should carefully review the refusal reasons and, where appropriate, request IRCC case notes (commonly referred to as GCMS notes) through an Access to Information request to better understand the officer’s decision. Reapplying without addressing the original refusal grounds significantly increases the risk of another refusal.
Because refusals are often linked to documentation quality and eligibility assessment, many applicants seek professional support. Working with our Canadian immigration consultants can help identify risks before applying. You can review costs on the Immigration Consultant Fees page or get personalized advice through our Book a Consultation page.
