r/ImmigrationCanada • u/Extreme_Singer_1894 • 1d ago
Express Entry PR application rejected as incomplete — reconsideration pending. Can my spouse apply for SOWP while I wait?
Hi everyone,
I’m looking for advice/experiences from people who have dealt with a similar situation with IRCC.
Here is my situation:
I applied for Permanent Residence through Express Entry with my spouse.
After I informed IRCC about my change in marital status, IRCC rejected my PR application as incomplete under sections 10 and 12.01 of the IRPR.
The specific reason given was that the upfront medical report for my spouse was not provided with the application.
The letter stated:
“Your application is rejected for being incomplete and therefore, was not put into processing.”
It also specifically stated:
“A full review of your application was not performed.”
IRCC then sent me correspondence requesting documents to add/examine my spouse, including forms, fees, passport/birth certificate, police certificate, relationship evidence and medical information.
Reconsideration
I submitted a reconsideration request and provided the medical information/documentation.
After submitting the reconsideration request, I received a response from IRCC stating:
“We verified the information you provided regarding the medical information sheet and have forwarded it to the responsible office.”
So currently, I am waiting for the responsible office to make a decision on the reconsideration.
My question
My spouse has not applied for a SOWP yet.
I am trying to understand whether it would be possible/appropriate for my spouse to apply for a Spousal Open Work Permit while my PR reconsideration is pending.
Has anyone been in a similar situation?
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u/Rude_Judgment_5582 19h ago
Only if the reconsideration is positively considered and opened , you will need to wait for that outcome.
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u/No_Active_3574 1d ago
your spouse may be able to apply for a Spousal Open Work Permit, but it depends on your current immigration status and whether you meet the SOWP eligibility rules. Since your PR application was rejected as incomplete and is only under reconsideration, you should not assume that the pending reconsideration alone makes your spouse eligible for a SOWP. If your spouse applies, it is important to clearly explain the PR application history, rejection, and pending reconsideration in a Letter of Explanation. Be honest and provide supporting documents. If unsure, consider getting professional immigration advice before applying
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u/Extreme_Singer_1894 1d ago
Yes, I will have to reach out to a lawyer in this case tbh atp.
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u/Sproutlie 16h ago
A lawyer can not UNDO this
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u/Extreme_Singer_1894 13h ago
I do know that a lawyer cannot reverse IRCC’s decision. All I asked was should I apply for my wife’s SOWP because the PR application is cancelled but it is still under reconsideration phase which means that my application might re-open or might be denied again.
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u/Big_Manufacturer6066 14h ago
Kindly search the requirements for SOWP instead of posting here
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u/Extreme_Singer_1894 13h ago
Hey, I did search about SOWP and thanks for reminding me that this group is not used for posting questions anymore. I will still try to explain it to you in simple words - my case is a bit unique because the PR application was cancelled due to an administrative error and has already been sent to an officer for review. Now, my question was would it be fine if I applied for my wife’s SOWP. Since, it is a unique case, I just wanted someone who has been through a similar situation in the past or if someone has another ideas to help me with it.
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u/Big_Manufacturer6066 10h ago
First of all, this group is mainly for logical/complex questions, not basic IRCC questions. For those, you can go through the previous posts or simply check Google or the IRCC website.
Secondly, based on your description, this does not appear to be an administrative error. You are trying to change your circumstances after AOR, which is ultimately your responsibility. If you already knew that you were going to get married, you should have disclosed that before applying—even before creating your profile. From the information you've provided, this could potentially be considered misrepresentation. You should be glad that you haven't received a PFL.
As for the SOWP, your case will be assessed like any other SOWP application. You need to meet the applicable eligibility requirements, including having a TEER 0 or 1 job (or a qualifying TEER 2/3 occupation), at least 16 months remaining on your PGWP, and disclosing any previous visa applications or refusals for your spouse.
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u/Extreme_Singer_1894 10h ago
How come is this a basic question? And how do you judge if it’s a basic question or not? Again, I just asked for suggestions and not opinions.
To your 2nd statement - I informed IRCC through a webform before getting married and not just that but also before getting engaged.
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u/Big_Manufacturer6066 10h ago
SOWP eligibility is a basic question, I would suggest do some reserach on the IRCC portals that might help. Sorry for sharing my opinion. From an officer's perspective, even from my perspective the whole situation looks sus.
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u/Extreme_Singer_1894 10h ago
That would have been a basic question only if I had not applied for PR under CEC. I got engaged on 20th June and got married on 03rd July and my webform regarding sharing information about my marriage was sent on 03rd June. I did get my AOR on 22nd June so I don’t know what’s so sus about it?! But nvm, thank you!
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u/Haunting_Paper_7201 1d ago
She cannot apply for SOWP. So she didn't do the medical and if so rightly refused. Reconsideration is for error and there was no error if she didn't do the medical. You got a standard response.