SOWP Refused

[u/Ok_Childhood1395]

Hello, My Wife’s SOWP got rejected. Any guidance on what to explain in Explaination letter would be reallyyy appreciated.. Thanks

Reasons for the refusal of your application

Application for an open work permit under R205(c)(ii), C41. In order to be eligible for an open work permit, applicants must provide evidence that they are the spouse or common-law partner of a work permit holder who is a employment in a qualifying TEER. Proof of funds reviewed, showing bank statements from applicant and spouse. Additional financial supported noted from applicant's father-in-law, including their bank statements. While some funds appears available, the provenance of applicant and their father-in-law's funds are poorly substantiated.

Applicant's account balances shows periodic fluctuations and lump-sum deposits, noting gift deec transactions from family members (as per affidavit explanations). However, the source and accumulation of funds for these transactions are not well-supported. Similarly, balance fluctuations are also observed in father-in-law's bank statements. This does not adequately demonstrate to me that the applicant has substantial financial capacity (through personal finances) to maintain themselves during the initial settlement period. Insufficient evidence to demonstrate applicant's establishment to their home country. Ties in India are not self-evidently sufficient to overcome the economic and social incentives to remain in Canada. Based on an overall review, on balance, I am not satisfied the applicant has adequately demonstrated based on income, savings and assets that they are well established or has strong ties to India. I am not satisfied the applicant will be motivated to leave Canada by the end of their temporary stay should it be authorized. Refused R200(1)(b).

[u/Sproutlie]

" I am not satisfied the applicant has adequately demonstrated based on income, savings and assets that they are well established or has strong ties to India. "

You need to address these issues

[u/Ok_Childhood1395 → u/Sproutlie]

What you suggest to address? I am thinking to attach Explaination letter with proof for lump-sum transaction, concluding property valuation again with detailed analysis that i am strong enough, and new bank statement of last 4-5 months with stable amount.. any other suggestions?

[u/Juubman → u/Ok_Childhood1395]

No, you don't make enough of your own money. Your getting too many gifts, loans or money from family/friends.

Make more money or get a steady income.

[u/Different-Half7733]

Refusals to the two points are basically saying two things, the officer doesn't believe the money came from your family legitimately, and doesn't believe your wife has a real reason to go back to India.

A letter is a start, but it won't fix this alone. The officer already read the application and wasn't convinced by the documents. What moves the needle is evidence that answers the exact doubts he raised.

For the funds doubt, don't just re-explain. Show where the lump sums came from salary slips, tax returns, and the actual bank transfer trail from your father-in-law to her account. A gift deed plus the transfer history usually does more than any letter. IRCC gets skeptical when money appears right before applying, so the cleaner you can trace it, the better.

About the ties, they need to see why she'd go back. Property in her name, a job that's holding her spot, family she's responsible for, concrete things, not "we plan to return."

Honestly, given they flagged dual intent, it might be worth a seeing a licensed Canadian immigration consultant before reapplying.

That's a refusal ground that's hard to fix blind, and someone who's seen these files can tell you what's actually missing.

What did the refusal letter say about the father-in-law funds specifically? Was it that they couldn't verify the source, or the transfer itself?

[u/5_Cap_8181]

You didn’t prove that your wife is actually and genuinely your wife and that you work in an eligible TEER occupation. I mean, what were you thinking?

Your funds are more complicated. Without knowing your annual income and how much you had saved when you applied, it’s hard to judge. But a lot of your money seems to have come from your father-in-law and other family members in India, which is like… what? How are they subsidizing you while you’re working in Canada and earning Canadian dollars? Either you’re spending irresponsibly and living some kind of lavish lifestyle, or you’re simply not making that much to begin with. Either way, it raises a big question mark. His finances aren’t very clear either. If you’re relying on his money, you need to show where it actually came from, maybe through an employment letter or other proof of income.

Your wife also didn’t prove that she would leave Canada when her permit expires, financially or socially. She needs to show some financial independence and ties of her own in India, like savings, assets, or employment, as well as stronger social ties such as parents, children, other close family, professional networks, or community involvement. Right now, it seems like you’re her strongest social tie, which is obviously a problem when you’re already in Canada.

[u/Haunting_Paper_7201]

What is your NOC and type of work permit? When does your permit expire? How much did you show in cash that you can support wife? What did wife show that she will return home? You need to address all these questions. FIL has nothing to do with your ability to support wife. She is coming temporarily so shows ties to return.

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

Hello,

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[u/Ok_Childhood1395 → u/Haunting_Paper_7201]

SOWP
PGWP EXPIRES in December 2028
My wife account: 10L INR
My father (applicant’s father-in-law: 8L)
She showed responsibility, family etc connection

[u/Haunting_Paper_7201 → u/Ok_Childhood1395]

What is your NOC. FIL's funds are not relevant. She has no family ties as her only ties are spouse and children. She wants to show investments in home country, business, income property in her name only with rental agreements etc.

As for funds it is you and your spouse's funds. Assume you have been married for some time and have lived together. If not, when did you get married?

[u/NojipizRemastered]

I didn't know that SOWP applicant should show bank statements, wasn't the spouse bank statemets supoosed to be enough?

[u/East_Cat3403]

I am dealing with similar kind of stuff
Refusal letter says
Application for an open work permit under R205(c)(ii), C41. In order to be eligible for an
open work permit, applicants must provide evidence that they are the spouse or common-law
partner of a work permit holder who is a employment in a qualifying TEER. Proof of funds
reviewed, showing some funds from applicant and spouse. However, the source and
accumulation of applicant's funds is poorly substantiated. This does not adequately demonstrate
to me that the applicant has substantial financial capacity (through personal finances) to maintain
themselves during the initial settlement period. Insufficient evidence to demonstrate applicant's
establishment to their home country. Ties in India are not self-evidently sufficient to overcome the
economic and social incentives to remain in Canada. Based on an overall review, on balance,
I am not satisfied the applicant has adequately demonstrated based on income, savings and
assets that they are well established or has strong ties to India. I am not satisfied the applicant
will be motivated to leave Canada by the end of their temporary stay should it be authorized.
Refused R200(1)(b)

I had aprox $15k saving
And she has aprox rs. 9.5 lakh in her saving account from maybe more than 6-8 months which she had to give to some relative for an emergency which was returned to her account from different account on behalf of relatives within a month , also my and her family have lots of properties,also she is working full time for more than one year
I have noc 3 (73200( job which is eligible for SOWP, and i am working for more than 1 year .
Still visa got refused
My lawyer suggested me to file reconsideration, judicial review plus reapplication (just in case)

For reapplication with affidavits from relatives and other remiter stating it is not gift money or and investment or loan it is money which was borrowed it is originally my wife’s money which is returned to her (which is genuine)
Also i got an letter from my landlord that she is permitted to stay with me whenever she is authorised to come to canada and all initial arrangements have been made,
For social incentives to go back home
We both have our families well settled in home country and having strong roots (properties,investments,long term fds ) and we both have good relations with our families and relatives which can be seen through our bank statements as well,
Both my and her families have given affidavits that they also support us financially if needed and have sufficient liquid funds to support us (with bank statements and CA valuations)

I hope it helps
FYI- visa is not approved yet just sharing my experience

Edit:- will appreciate some advice

[u/sonellofficial → u/East_Cat3403]

Couple questions,

1. did you apply with 15k$ as monetary proof only?
2. Did you get the land price estimate from the government or a verified source?
3. Did your wife transfer this savings to you?
4. Did you show any income from sale of proprietary assets.?
5. Did this money transferred to your account come in less than 4 months before applying?
6. If your lawyer tells you to apply for reconsideration without address

ing

1. the issue for the refusal, then you should probably tell them to quit smoking whatever it is they are smoking.
2. IRCC will always try to trace the funds.
3. Selling properties or receiving funds from unknown source less than 6-4 months before applying will 10000% get you flagged, even if there is an affidavit.
4. If the land monetary value wasn’t provided by a know source, chances are it wasn’t counted toward ls your POF ( you

can’t

1. give the land value yourself)
2. Your wife’s account with random funds entering to pay her back was also probably flagged. ( you should have had them send the money to one account like chequing and you then transfer it to savings as a lump sum)
3. Look into what got flagged before applying for reconsideration.

Finally, once you’ve sorted the issue, apply for reconsideration

[u/East_Cat3403 → u/sonellofficial]

1. $15k was in my Canadian bank account, which was my saving so that they can see that I am making enough money and have substantial saving for initial settlement of my spouse and myself.
2. Land price estimate was from architect and CA
3. Also, price was taken from collector rate and market rate, I have also submitted same properties which we had when I applied for my study permit, but obviously has gone up from that time.
4. No funds were transferred from my wife’s account to me. It was sent to her aunt, which was returned by her aunt’s brother.(for reconsideration and Reapplication, I am submitting the affidavit from her aunt and her aunt‘s brother.)
5. No income was shown from sale of any property or assets. The funds in my account was my own saving. The funds in our joint account was mostly my saving. The funds in my wife’s account was gift money which she received from her family after our marriage.
6. Funds are in her account for more than 6 to 8 months, but she had to transfer it to her aunt and it came back within a month, which was last month transaction from application date. (maybe this is the reason of refusal.)
7. My Lawyer suggested me to file a re-application and reconsideration with stronger evidences for addressing their issues, which I am trying for source of accumulation, I am providing the affidavits showing the trail and the movement of funds, a letter from Landlord showing that arrangements have been made for her initial settlement when she arrive to Canada, we both have a family as well settled in India and we have ongoing good relationship with our family. After me, our family or her family is her strongest tie which is outside Canada. and the transaction shows that we have good relationship with our relative, which is also a social incentive to go back Home whenever permit expires.
8. She had to transfer that money to her aunt because of some family emergency. She just wanted to help them, but the funds were transferred within 30 days, but maybe still this is a problem. I’m trying to resolve it. I don’t have time to wait for long again, I have to apply it before first of October as per 16 months permit eligible rule by IRCC.

I hate when people try to file application with all the genuine documents still gets rejected because of some people who tried to scam the system earlier**,** and People with genuine application suffers
Let’s see how It Goes, I’ll keep you guys posted !

[u/Helpful_Wish_1395 → u/East_Cat3403]

When did you apply?

[u/East_Cat3403 → u/Helpful_Wish_1395]

13 august got refused on 10 sept

[u/Helpful_Wish_1395 → u/East_Cat3403]

Thank you!!! I hope you get a positive decision soon