Canada Spouse Open Work Permit After Divorce and Recent Marriage β Real Case Study (Approved)
Canada spouse visa after divorce and recent marriage is one of the most sensitive and complex scenarios under the Spouse Open Work Permit (SOWP) category. Many applicants believe that having a valid marriage certificate is enough. In reality, visa officers carefully examine the genuineness of the relationship, especially when the marriage is recent or follows a divorce.
In todayβs case study, we are sharing the real success story of Bina from Gujarat, who recently received her Canada Spouse Open Work Permit approval on 6 January, and whose passport is currently under stamping. She is married to Dr. Bhavin, who is working in Canada and holds more than 16 months of valid work permit.
Despite being perfectly eligible, the case faced serious complications due to recent divorce, immediate remarriage, and quick visa filing. This blog explains how the case was handled, what challenges were faced, and what applicants can learn from it.
1. Case Background: Canada Spouse Visa with a Complex History
This case was not new to us. Dr. Bhavinβs journey itself is a story of persistence.
He initially met us in 2021, when we had just started working in immigration
He had faced 10 visa refusals in total
8 refusals from the USA
2 refusals from Canada
Eventually, his Canada study visa was approved
He studied at CBU, completed his education, and obtained a Post-Graduate Work Permit (PGWP)
Currently, he is working in Canada as a Dental Assistant
However, life took an unexpected turn. His previous marriage did not work out, and after years of personal struggle, he finalized his divorce in the second half of last year.
Soon after the divorce:
He came to India
Completed all divorce formalities
Got married again immediately
Stayed in India only for a short duration
Returned to Canada quickly due to job obligations and probation period
Once the marriage certificate was issued, we filed the Spouse Open Work Permit application for Bina.
2. The Major Red Flags in This Case
From an immigration perspective, this file contained multiple high-risk elements:
Recent divorce
Immediate remarriage
Very short stay in India after marriage
Quick spouse visa application
No large wedding ceremonies
No reception or honeymoon initially
These factors almost always trigger additional scrutiny by IRCC.
3. Additional Document Request (ADR) from Visa Officer
After around two months, we received an Additional Document Request (ADR) from the visa officer.
The officer clearly mentioned concerns under Regulation R4 of the Immigration and Refugee Protection Regulations, questioning whether the applicant met the definition of a genuine spouse.
Key Concerns Raised by the Visa Officer:
Limited evidence of relationship before marriage
Limited proof that the couple met prior to marriage
Limited evidence of key marriage ceremonies
Limited attendance at the wedding
No evidence of reception
Marriage not well publicized among family and friends
This clearly shows that marriage certificate alone is not enough.
4. Important Reality Check for Applicants
Many people get annoyed when consultants ask for:
Photos
Chat screenshots
Call logs
Travel history
Wedding proofs
Family involvement evidence
But this case proves why it is necessary.
π Visa officers can refuse even after marriage and children
π Marriage genuineness is subjective
π Each missing proof increases risk
5. How We Responded to the ADR (Key Turning Point)
Two major justifications were missing in the initial application:
1. Why Did the Husband Return to Canada So Quickly?
We clearly explained:
He had a time-sensitive job
There was a probation period
Leaving the job would have affected his career
Employer communication, emails, and job proofs were submitted
2. Why Were Rituals, Reception & Honeymoon Missing?
We justified:
Lack of time due to employment obligations
Short stay in India after marriage
No intention to misuse marriage for immigration
Additional Strong Proofs Submitted:
Proof that he returned to India later on a 15-day leave
Completed pending rituals and ceremonies
Reception evidence
Public announcements
Flight tickets
Family photographs
Updated relationship proofs
This demonstrated that the marriage was not for immigration convenience, but a genuine relationship affected by circumstances.
6. Final Result: Spouse Open Work Permit Approved (Without Interview)
After submitting all explanations and documentary evidence:
No interview was conducted
Visa was approved
Passport went for stamping
Applicant will soon travel to Canada
π Everything is well if it ends well
7. Eligibility Criteria Met in This Case
1. Work Permit Validity
More than 16 months of valid work permit βοΈ
2. Job Eligibility
Job can be TEER 0, 1
Or eligible TEER 2 / 3 NOC
Dental Assistant falls under eligible TEER 3 NOC βοΈ
3. Financial Requirement (Very Important)
For spouse open work permit:
No kids β $29,000
1 child β $36,000
2 children β $43,000
3 children β $50,000
In this case:
Required: ~$29,000
Shown: $30,500
Funds maintained via 11 fixed deposits & accounts
βοΈ Properly structured funds
β οΈ Fresh deposits or incorrect presentation often lead to refusal.
8. Applicantβs Profile (Spouse)
Work Experience:
Teacher
Quality Control Analyst
Education:
B.Sc
M.Sc
B.A
π Education and English are not mandatory for spouse open work permit
π Working profile increases approval chances
π Shows ties to home country
If you are not working at all, refusal chances increase.
9. Key Takeaways from This Case
Divorce + recent marriage = High scrutiny
Marriage certificate alone is never enough
Visa officers may ask for non-mandatory documents
Poor documentation can lead to:
Refusal
Procedural Fairness Letter
5-year ban
Financial presentation is as important as amount
Genuine relationships must be proven, not assumed
Final Words from Globexa Immigration
Even if:
You are recently married
You had a divorce
You have multiple refusals
Your case is complex
π A well-planned and well-documented application can still succeed
Just like:
Dr. Bhavin (10 refusals β approval)
Bina (recent marriage β spouse open work permit approved)
If you want to apply for:
Canada Spouse Open Work Permit
Study Visa
PR
Parent or Family Visas
No matter how complex your file is, Globexa Immigration can take care of it.
