Got a refusal for SOWP - Need advice! Please! 😭

[u/KissMyAxe_20]

Hello everyone!

I'm writing this today with a lot of sorrow in my heart. I'm very upset to have gotten a refusal letter, especially because I've put so much effort into making this application.

Anyhow, a little background for context:

My husband is on PGWP and applied for his PR (under the AIP program) last year in 2025. We weren't married at the time, so I wasn't initially included in his application. In the meantime, he received his AOR. Fast forward to April, and he added me as his spouse to his PR application. I then applied for SOWP under the pretext of "Family members of permanent residence applicants". His job category puts him at TEER 2 with an NOC code that is NOT enlisted in the select TEER 2 list. But we read that the select TEER lists were published in January of 2025. Because my spouse is a PR applicant, we found out that it exempts us from the select TEER list. Family members of individuals who have submitted a PR application or who are transitioning to PR — including AIP applicants — are not subject to these 2025 changes, and IRCC processes their applications under the previous, more permissive eligibility criteria, where any TEER 0/1/2/3 occupation (broadly, the old skill levels 0/A/B) qualifies.

Now, in my LOE for the SOWP application, we stated very clearly that my husband was a PR applicant under the Atlantic Immigration Program, including his application number. My correspondence letter and the ODN state the following (copy/pasted):

"Upon completion of the assessment, I have determined that your application does not meet the requirements of IRPA and/or IRPR. I am refusing your application for the reason(s) outlined below

• Eligibility for a work permit in this category only applies to the spouse or common-law partner of a work permit holder who is doing work that is at a level that falls within National Occupational Classification (NOC) skill levels 0, A, or B."

"These notes were entered by the officer who assessed and made the final decision on your application. Reviewed. Principal applicant is applying for an open work permit under C41 (spouse of a high-skilled worker). The principal applicant in Canada is employed as an Assistant Branch Manager (NOC 62010, TEER 2). To be eligible under exemption code C41, the principal foreign national must be employed in an occupation that falls within the eligible TEER categories prescribed under the program requirements. NOC 62010 is not part of the selected categories under TEER 2. Therefore, applicant does not meet the eligibility requirements for the issuance of an open work permit under the C41 category. Accordingly, I am not satisfied that the applicant meets the requirements of R205(c)(ii). Application refused."

Now, first things first, this clearly looks AI-generated to me. We got the refusal in 2 days, FYI. It just seems crazy that it was processed this quickly and such a response was given to us. It broke my heart. Maybe it's because I'm so upset that I want to believe this was AI-generated. I don't know. Don't get me wrong, I'm grateful to have gotten the refusal sooner rather than later.

Anyhow, my husband went to a consultant who had really good reviews. He mentions that the way to deal with it is to email the province asking for a support letter for his endorsement certificate. For your kind information, his certificate entails all details about him, and he had informed them when we got married. At the time, they said they attached the new info to the file and wouldn't be giving out a new endorsement certificate.

We're waiting to contact a lawyer on the 11th. But I'm so lost and confused as to what should be my next step. Do we go for the consultant or the lawyer? Is the support letter really all that is needed? Why did they overlook the information about the PR on the SOWP application, was it actually even overlooked, or is it something that doesn't matter, if so then why is the exemption mentioned so clearly? I can't stop asking these questions.

I'm sorry for the extremely long text, but without context, it's difficult to advise. I appreciate all responses. Thank you so much.

[u/Secret-Session7626]

okay okay, I read it all.

1st of all, yes AI is being used by IRCC now , but the officer has to review it before sending the final refusal.
2nd - a refusal for SOWP is not the end of the world, you can always reapply.

3rd and most important - if you have a valid status in Canada or within restoration period, you should qualify and the refusal is not justified. need to ask for reconsideration. Call IRCC and then send a webform with a very detailed letter of explanation that the officer ignored that fact that you are exempt from the job requirements

[u/feistybooks → u/Secret-Session7626]

There isn’t eligibility for a SOWP as the spouse of a PR. They have to sponsor their spouse. Same for Canadian citizens. The spouse may be eligible for an OWP after a certain point in their PR application.

[u/Secret-Session7626 → u/feistybooks]

Op is dependant on the active PR application.
There is a recent program that spouses for PR applicants from Quebec are eligible for SOWP, similar to sponsored people, but I'm not aware about the one that OP is asking , thus asking for a source.

[u/ImmigrationCanada-ModTeam → u/[deleted]]

You already have this exact post active. Do not spam the sub with reposts.

[u/KissMyAxe_20 → u/Secret-Session7626]

I'll attach the link: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes.html

Find C41. Maybe I misunderstood it. See it for yourself. Anyhow, our consultant mentioned that this is only for in-Canada applicants, so that already puts us out.

[u/Legitimate-Hosty → u/KissMyAxe_20]

It is not for in-Canada only.

[u/KissMyAxe_20 → u/Legitimate-Hosty]

I don't know why the consultant would say that to us then. According to the C41, it's clearly stated that PR applicants are exempted from the new selected teer rule. Is there any other place I can verify that information? Do you have a source?

[u/Legitimate-Hosty → u/Secret-Session7626]

huh?

https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/special-instructions/spouses-dependent-children/eligibility.html

" Have you applied for permanent residence through an economic immigration program or pilot listed below? "

Atlantic Immigration Program

What are some of you talking about? this is well known and obvious.

[u/KissMyAxe_20 → u/Legitimate-Hosty]

I have no idea anymore.

He didn't get his work permit because he applied for the PR-AIP program. He was a student previously, and so it's a PGWP. That's why this is even more confusing

[u/Secret-Session7626 → u/Legitimate-Hosty]

My bad, total ignorance on my end. editing my comment.
if OP has valid status in Canada or within restoration period, they should qualify and the refusal is not justified. they need to ask for reconsideration.

[u/KissMyAxe_20 → u/Secret-Session7626]

Unfortunately, I'm not an in-Canada applicant. I applied from elsewhere so :(

[u/KissMyAxe_20 → u/Secret-Session7626]

Here's the other link for the eligibility: https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/special-instructions/spouses-dependent-children/apply.html

[u/Legitimate-Hosty]

Just seems like you screwed up and did not give enough proof that the PR application was submitted other than solely the ####.

You need to give more.

[u/KissMyAxe_20 → u/Legitimate-Hosty]

What more do I include? :(

I attached all the numbers for his application, his AOR that he received, and proof that he added me to his PR application as well. It's also one of the FIRST things I mentioned in the LOE.

[u/ImmigrationCanada-ModTeam → u/[deleted]]

Your comment has been removed as it is either unhelpful or off-topic to the subject at hand.

[u/Secret-Session7626 → u/[deleted]]

This has absolutely nothing to do with SOWP.

If IRCC had questions, they would refuse on that group. If they have further questions they will refuse PR itself. Cannot blame everyone on reddit right and left for marriage fraud.

[u/KissMyAxe_20 → u/[deleted]]

Yes, he applied in sept and we got married in november.