CANADA

Spouse Open Work Permit (SOWP) extension
Reconsideration requests
Job reference letters
How an application is handled at the time of submission and after receiving a refusal

This case is an example of how these situations can be managed.

1. Can a Reconsideration Request Work?

Many people believe that a reconsideration request does not work.

It may not work in every case, and applicants should always be prepared to submit a new application if necessary.

If there is no option to reapply, a judicial review should also be considered.

A judicial review must be initiated within 15 days, and it should be used when no other option remains.

Before choosing judicial review, there are three possible actions:

Submit a reconsideration request.
Request an MP inquiry.
Contact IRCC directly.

These options can be explored before filing a judicial review.

If they do not work and reapplying is not possible, judicial review should be submitted within the required timeline.

2. Why Judicial Review Was Not Required in This Case

In this particular case, the applicant had just received a refusal.

However, there were still 90 days available to submit a new application.

Since reapplying was still possible, judicial review was not required.

The team decided to wait and first submit a reconsideration request.

The situation is different for applicants who receive a Post-Graduation Work Permit (PGWP) refusal after 180 days.

In those cases, reapplying is no longer an option.

Applicants must rely on:

Reconsideration request
MP inquiry
Contacting IRCC
Judicial review within 15 days

3. Background of the Application

The officer’s decision notes included several important details about the application.

The applicant had last entered Canada on April 27, 2024.

The application was submitted on September 29, 2025.

At the time of the refusal, the applicant was still on maintained status.

The application requested a Spouse Open Work Permit under C41.

The principal applicant held a Post-Graduation Work Permit valid until September 21, 2028.

After the wife’s PGWP was approved, the application for the husband’s SOWP extension was submitted.

The application included:

Marriage certificate.
Employment contract of the principal applicant.

The employment position was listed as Operational Officer II, which was classified under NOC 13100 – Administration Officers.

4. The NOC Code Issue

The NOC code became the central issue in this application.

For a Spouse Open Work Permit extension or a Spouse Open Work Permit application from outside Canada, the principal applicant must meet specific employment requirements.

If the principal applicant is working in:

Tier 0, or
Tier 1

then any eligible occupation can qualify.

However, if the principal applicant works in Tier 2 or Tier 3, only specific occupations qualify.

These occupations fall within categories such as:

STEM
Trades
Transportation
Healthcare
Technology

The NOC code 13100 – Administration Officers was not included in the required priority list.

Because of this, the visa officer concluded that the applicant was not eligible for a Spouse Open Work Permit based on that occupation.

5. A Key Requirement Mentioned by the Visa Officer

The refusal letter also highlighted an important requirement.

The officer stated that the principal applicant must be employed in an eligible occupation at the time the family member’s application is decided.

This point is important because many applicants delay applying for a Spouse Open Work Permit simply because they do not yet have the required job.

An example of a consultation where an applicant chose to apply for a Visitor Record instead of a Spouse Open Work Permit because they believed they did not have the appropriate job.

However, during the processing period of a PGWP application, applicants have time to search for suitable employment.

Applicants can submit their job proofs later, once they obtain an eligible position, instead of delaying the application.

6. Why Was the Application Refused?

According to the visa officer, all submitted documents were reviewed.

The officer concluded that the principal applicant’s NOC 13100 falls under Tier 3 and is not part of the Annex A list required for the approval of a C41 Spouse Open Work Permit.

The refusal also stated that it is the applicant’s responsibility to provide all the required documents to facilitate processing.

Based on this assessment, the application was refused, the Open Work Permit fee was refunded, and the applicant was advised of their status.

7. The Team's Assessment of the Application

When the application was prepared, the NOC code was assessed based on the job responsibilities, not the job title.

According to the speaker, the responsibilities matched a Tier 1 NOC code, and since any Tier 1 occupation is eligible for a Spouse Open Work Permit, the application was submitted.

The salary also matched the Tier 1 level, and everything appeared to be properly aligned before submission.

However, the visa officer reached a different conclusion.

Instead of assessing the position under Tier 1, the officer classified it as Tier 3 and determined that the selected NOC code was not included in the required list.

As a result, the application was refused.

8. Submitting the Reconsideration Request

After receiving the refusal on 27 March, the reconsideration request was submitted on 28 March.

The request explained that the applicant’s job responsibilities were aligned with a Tier 1 NOC code, rather than the Tier 3 code selected by the visa officer.

A NOC code cannot be determined only by the job title.

It should always be determined according to the actual job responsibilities.

This is why the Job Reference Letter becomes one of the most important documents in an application.

Whether it is a:

Spouse Open Work Permit extension,
Permanent Residence application, or
another immigration application,

the Job Reference Letter is essential because it contains the applicant’s job responsibilities along with other employment details.

If the job responsibilities are missing, the visa officer cannot properly determine the correct NOC code, which may result in a refusal.

9. The Final Outcome

Based on the team’s assessment, the job responsibilities matched a Tier 1 occupation, making the applicant eligible for a Spouse Open Work Permit.

A reconsideration request was submitted to explain this.

On 7 May, the application was reopened.

The final decision was issued on the same day, and the application was approved.

The entire reconsideration process took more than one month, and in this case, the outcome was positive.

10. Why Submit a Reconsideration Request?

Positive decisions are not received in every case.

However, a reconsideration request is submitted whenever there is a refusal, regardless of the type of Canadian immigration application.

This includes:

Study Visa applications.
Spouse Open Work Permit applications from outside Canada.
Spouse Open Work Permit extensions inside Canada.
Permanent Residence applications.
Other Canadian immigration applications.

A reconsideration request is simply a request asking the visa officer to review the application once again.

Sometimes it works, and sometimes it does not.

Even so, the speaker believes it is always worth making the effort instead of immediately moving on to another application.

11. Refusals Can Happen Even When Everything Is Correct

In this case, the application, the Job Reference Letter, the selected NOC code, and the Tier level were all prepared according to their understanding.

Despite this, the application was still refused.

According to the speaker, this is not always in the applicant’s control.

Similar situations can happen in Post-Graduation Work Permit (PGWP) applications as well.

Applicants sometimes receive refusals even after submitting their English language test results.

What makes the difference is how applicants respond after receiving the refusal.

For this reason, a reconsideration request is always submitted in an effort to have the original application reviewed again.

Many applications have later been approved through reconsideration requests.

12. The Importance of Proper Application Handling

Every application goes through detailed review before submission.

If an applicant receives an Additional Document Request (ADR) during processing, every effort is made to provide the required explanation.

Another case in which an applicant named Umesh received an ADR related to the NOC code for his job.

The concern raised was that the job did not appear to belong to the claimed NOC code.

After providing the required justification, the application was approved within two days.

before submitting an application,
during the processing stage, and
after receiving a refusal

can make a significant difference to the final outcome.

13. Why One Refusal Can Create Bigger Problems

Even a single refusal can create serious immigration problems.

For example, if a PGWP application is refused after completing studies in Canada, the money already spent on education may no longer lead to the expected work permit.

In that situation, applicants may have to:

start studying again,
consider an LMIA,
submit a judicial review, or
submit a reconsideration request.

If the refusal is received after 180 days, reapplying may not even be possible.

Refusals inside Canada can create much bigger challenges because applicants have already invested time and money into their studies.

The same concern also applies to a Spouse Open Work Permit refusal.

If the applicant is eligible, they may submit a new application.

Otherwise, the situation can become much more complicated.

During this period, living expenses continue while the applicant may not be allowed to work, resulting in no income.

14. The Importance of Due Diligence

Proper submission and due diligence are essential in every immigration application.

According to the speaker, preparing applications carefully requires time, effort, and trained staff.

Complex applications receive additional review to reduce the possibility of mistakes.

Job Reference Letters receive special attention because they play a major role in determining the correct NOC code.

Applications are reviewed before submission while also ensuring they are filed without unnecessary delays.

15. Final Lessons from This Success Story

Receiving approval after a reconsideration request shows that an application can still succeed after an initial refusal.

In another case, a visitor visa application was refused because the medical examination was considered invalid.

After submitting the medical examination again, the application was approved.

There are situations where information already included in the application may not be considered during the initial assessment.

For this reason, submitting a reconsideration request after a refusal remains an important option.

Two important points should always be remembered:

Job responsibilities in the Job Reference Letter are highly important.
Job proofs for a Spouse Open Work Permit extension can be submitted later, but they should be available before the application is processed.

Processing times vary, so while job proofs may not be available at the time of submission, they should be submitted before the application reaches the decision stage.

Applicants seeking guidance on PGWP, SOWP extension, or Canada PR can also refer to the related resources