What To Do If Your Spousal Open Work Permit Is Refused
If an Open Work Permit for Spouse (SOWP) application is refused, the next step depends on the reasons in the refusal letter and whether the applicant is in Canada. In many cases, resubmission with clearer or stronger evidence is the most practical option. A reconsideration request may be submitted if there appears to be an officer error or important evidence was overlooked. In some situations, judicial review may be considered if the decision seems unreasonable or procedurally unfair. Applicants in Canada should also confirm how the refusal affects their status and whether restoration may be required. Working in Canada is not permitted without valid authorization.
Refusal Letter
The refusal letter explains why IRCC decided your application did not meet the requirements. Refusal reasons may differ depending on whether the principal applicant is an international student, a foreign worker, or a PGWP holder. The letter should guide your next step. Focus on:
- what requirement IRCC says you didn’t meet, and
- what evidence was missing, unclear, or not convincing.
Also note what type of concern the officer raised (for example: eligibility criteria, relationship evidence, the principal applicant’s status as a work permit holder, or document issues). Make a simple checklist of each refusal point and the exact document(s) you will provide to address it—this will help you decide whether to reapply, request reconsideration, or explore other options. If financial evidence was part of the concern, review the Spousal Open Work Permit Proof of Funds guidance before reapplying.
If the refusal reasons are vague or unclear, first check whether the refusal package already includes the officer’s decision notes. Since July 29, 2025, IRCC has been proactively providing officer decision notes with certain refusal letters, including work permit refusals. If the notes were not provided and more detail is needed, an Access to Information request may still be used to request them, subject to IRCC’s access rules.
In some cases, concerns are raised before a refusal through a procedural fairness letter rather than in the refusal letter itself. If IRCC gives an opportunity to respond, it is important to address each concern directly, provide supporting evidence, and respond within the deadline, because failing to do so can lead to refusal.
Resubmission
Resubmitting the application is often the simplest option if you can strengthen your file.
- There’s usually no mandatory waiting period (unless your refusal letter says otherwise).
- Before resubmitting, check current spouse open work permit processing time so you can plan your timeline realistically.
- Resubmit only if you can provide new or stronger evidence that addresses the refusal reasons.
When preparing a resubmission, review the refusal letter carefully and address each concern directly. Add the missing documents, stronger evidence, and a short explanation letter if needed to show how the new application resolves the refusal reasons. Submitting essentially the same application again without meaningful improvements usually leads to the same result.
If the spouse’s application was tied to a principal applicant’s work permit application, the outcome of the principal application can also affect the spouse’s file. For example, if the principal applicant’s work permit application is refused, related family member work permit applications submitted under that stream may also be refused. In that situation, IRCC refunds the open work permit holder fee, but the work permit processing fee is generally not refunded.
Reconsideration
There’s no formal appeal for work permit refusals, so reconsideration isn’t guaranteed. It’s mainly worth trying when there’s a clear officer error—for example, if a document was marked missing even though it was uploaded or if the decision appears to overlook important evidence.
Requests are typically submitted through IRCC’s web form with a short explanation and supporting proof. The request should clearly identify the possible mistake and point to the exact document or information that may have been missed.
Keep in mind that officers are not required to reopen the file, so reconsideration works best when you can show that the decision was based on an obvious misunderstanding or oversight.
Judicial Review
If the refusal is unreasonable or unfair and the stakes are high, judicial review may be an option. This process asks the Federal Court to review whether the officer’s decision was reasonable and followed the law.
Deadlines are strict:
- 15 days if the matter arose in Canada
- 60 days if the matter arose outside Canada
Judicial review does not reassess your application or allow you to submit new documents. Instead, the court reviews the decision-making process to determine whether the refusal was reasonable and procedurally fair. If judicial review succeeds, the usual result is that the matter is sent back for redetermination rather than automatically approved. Because the process is legal and time-sensitive, applicants usually seek legal advice before proceeding.
Status in Canada
If an application was submitted before the current permit expired, the applicant may have had maintained status while IRCC processed the file. If the application is refused, maintained status (and any related work authorization) generally ends on the decision date, so work usually must stop immediately.
If the applicant is now out of status, restoration may be required within 90 days (if eligible). During the restoration period, work is generally not allowed until status is restored and a new work permit is issued. Acting quickly can help avoid further immigration issues.
Learn more about Applying for Spousal Open Work Permit Inside vs Outside Canada.
