Spousal open work permit refused: your options and the 15-day deadline

By Prabhpreet Kaur Sangha, lawyer at Lawgical Law Corporation · Reviewed November 10, 2026

Published November 10, 2026

Prabhpreet Kaur Sangha is a lawyer at Lawgical Law Corporation, called to the BC bar in 2019, and a member of the Law Society of British Columbia.

Updated November 10, 2026: the January 21, 2025 eligibility rules, the in-Canada sponsorship public policy and the fees checked on IRCC’s pages that day.

If IRCC refused your spousal open work permit because the officer was not satisfied about your spouse’s job, their occupation level, their studies, or your sponsorship application, the fix is usually judicial review in the Federal Court. The application must be filed within 15 days of being notified of the refusal if you are in Canada, or 60 days if outside, and only a lawyer can represent you there. Many of these refusals are about evidence the officer said was missing, so the first job is to compare the refusal with what you actually sent. This guide covers spouses of workers and students and spouses sponsored from inside Canada.

Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, challenges spousal open work permit refusals in the Federal Court for families across Canada; this guide is by Prabhpreet Kaur Sangha.

Book a consultation about your spousal open work permit TapClick to open a short form. Our team will contact you to arrange a time.Short form, 4 quick fields Open form

What does a spousal open work permit refusal under R205(c)(ii) say?

In most of these refusals the officer accepts that you are married or in a common-law relationship. What the officer rejects is the proof about your partner: that they hold a valid permit, that their job is real and in a qualifying occupation, or that they are a full-time student in a qualifying program. For sponsored spouses in Canada, the officer may say the permanent residence application was not yet complete.

You will often see phrases like these in the officer’s notes:

• “The applicant does not qualify under the IMP as they provided insufficient information to demonstrate their spouse’s employment in a qualifying TEER”
• “I note no employment letter, paystubs, and bank statements that show corresponding paystubs/deposits on file”
• “You have not established that your spouse holds a work permit valid for the time you are requesting.”
• “Refused as per R205(c)(ii)”

Other wording that appears in these refusals:

• “Open source search shows no record of [employer] operating at this address”
• “Insufficient evidence provided that spouse is currently enrolled as a full-time student”
• “As your spouse’s application has been refused, you are not eligible under this category”
• “Weighing the factors in this application, I am not satisfied that the applicant will depart Canada at the end of the period authorized for their stay”

In other words, the officer is usually saying the file did not prove one fact about your partner, not that your relationship is in doubt. Whether that fact really was missing is often the whole case.

Why this refusal needs a lawyer

One lawyer, one file, every step:

• reviewing the refusal and the officer’s notes against what you sent;
• filing the judicial review within the deadline (15 days in Canada, 60 outside);
• arguing it in the Federal Court;
• a new application or restoration, if that turns out to be the faster route.

A refusal like this turns on whether the officer dealt with the evidence in front of them. The Federal Court has set aside refusals that said evidence was missing when it was on file, and upheld refusals where it really was missing. Knowing which one you have takes a careful read of the record.

Immigration lawyers are members of a provincial law society (in our case, the Law Society of British Columbia), and only lawyers can appear for you in the Federal Court.

Reconsideration is often suggested by people who cannot represent you in the Federal Court. It is discretionary, rarely changes the result and does not stop the deadline.

What are my options after a spousal open work permit refusal?

1. Have a lawyer review the refusal and the officer’s notes. List every document the officer said was missing and check whether it was uploaded.
2. Judicial review in the Federal Court. 15 days from notice in Canada, 60 outside. A judge can send it back to a different officer.
3. A new application with the missing evidence. Often faster if something really was missing, but only if your partner still qualifies under today’s rules and you still have status.
4. Protect your status. If your status ended with the refusal, you have 90 days to apply for restoration, and you cannot work while it is pending.
5. Reconsideration request. Discretionary, rarely changes the result and does not stop the court deadline.

The court deadline does not wait for the other options.

Could the refusal be challenged in court?

The strongest argument, in my view, is usually that the officer overlooked evidence that was on file. In Singh v. Canada (Citizenship and Immigration), 2026 FC 544, the officer noted the spouse’s work permit, employment letter and pay stubs, then refused because there was no bank statement showing the salary deposits. The Federal Court set the refusal aside, finding that the decision “ignored compelling evidence” and was “not intelligible and flies in the face of basic common sense.”

The second argument is about which rule the officer applied. Since January 21, 2025, a worker’s spouse qualifies only if the worker is in a TEER 0 or 1 occupation or a listed TEER 2 or 3 occupation, with at least 16 months left on their permit when IRCC receives your application. An officer who uses the wrong date, the wrong TEER or the wrong permit expiry has made an error a court can correct.

The third argument applies to sponsored spouses in Canada. The public policy requires a complete permanent residence application. If your sponsorship was complete and the officer said it was not, or refused while it was still being checked, the reasons need to explain that.

Under Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, the officer’s reasons must deal with the evidence that contradicts their conclusion.

Whether this fits your case depends on what was in your application. If the document really was not sent, the court route is weaker and a new application may be better.

What do the spousal open work permit rules require?

The permit is issued under paragraph 205(c)(ii) of the Regulations, with eligibility set by IRCC’s instructions. For spouses of workers: a TEER 0 or 1 job or a listed TEER 2 or 3 job, and a permit valid 16 months after IRCC receives your application (6 months if the worker is on a permanent residence pathway). For spouses of students: a master’s program of 16 months or more, a doctorate or a listed professional degree.

For spouses sponsored from inside Canada, a separate public policy requires a complete permanent residence application, living at the sponsor’s address, and valid, maintained or restorable status. Our spousal open work permit guide sets out every category in a table.

Refusal reasons and the evidence that answers them

How is Singh different from Salkhan?

The same judge decided both. In Salkhan v. Canada (Citizenship and Immigration), 2025 FC 1746, the officer refused because the evidence did not show the wife’s employment in Canada. The Court upheld the refusal as reasonable on the evidence in front of the officer, and found no unfairness.

In Singh, the refusal was set aside. The difference was the record:

• In Singh the employment evidence was there. The officer listed the work permit, letter and pay stubs, then refused anyway over one missing kind of document.
• In Salkhan the gap was real. The officer’s conclusion matched what was on file.
• Officers are not required to ask for more. In both cases the burden was on the applicant to send enough proof the first time.

The lesson: a judicial review is strongest when the refusal says something is missing that you can show was in the application.

Refused under a different category?

I also review refusals for spouses of PGWP holders, spouses of workers on a permanent residence pathway, and spouses refused because the principal’s own application was refused. If your sponsorship itself was refused, see our guide to challenging an in-Canada spousal sponsorship refusal.

Worked example: the 16-month check

Example. IRCC received a spouse’s application on March 10, 2026. The worker’s permit expired on May 31, 2027. Sixteen months after March 10, 2026 is July 10, 2027, so on its face the permit was not valid long enough. But IRCC’s policy wording looks at a “work permit or authorization to work”. If the worker had applied to extend before May 31, 2027, the letter confirming they can keep working while the extension is processed is authorization to work, and that time should be counted toward the 16 months. An officer who ignores it has applied the rule too narrowly.

Mistakes I have seen

• I have seen applications with an employment letter but no pay stubs or bank deposits, refused for “insufficient information”.
• I have seen spouses keep working after a refusal because they thought maintained status continued. It ends with the refusal.
• I have seen people reapply the same week with the same documents and get the same refusal.
• I have seen inland sponsored spouses apply before the sponsorship was complete, when their status was not about to expire.

Frequently asked questions

Can I keep working after a spousal open work permit refusal?

Not if you were working on maintained status under the application that was refused. Maintained status ends with the refusal. If you hold a separate valid permit, you can keep working under it.

Should I reapply or go to court?

If the officer missed evidence you sent, judicial review is often the stronger route. If a document really was missing, a new complete application may be faster, as long as you still qualify and have status.

Does a refusal affect our sponsorship application?

Not directly. The open work permit and the permanent residence application are separate decisions, but the officer deciding the sponsorship can see the refusal.

My spouse works in TEER 2. Do I qualify?

Only if the occupation is on IRCC’s list of eligible TEER 2 and 3 occupations. Check the list on IRCC’s page for family members of workers.

Can I apply at the border instead?

Most people can no longer get this permit at the border. Apply online from inside or outside Canada.

What does “insufficient information” mean?

It means the officer did not see proof of one requirement. Compare the refusal with your upload list: it tells you whether to reapply with the missing document or challenge the refusal.

Related guides: a work permit expiring before PR.

What should I do right now?

Note the date you were notified of the refusal, and gather the refusal letter, the officer’s notes, and the exact documents you uploaded, including your partner’s permit, employment or enrolment letter, pay stubs and bank statements. Check whether your status ended with the refusal. Fifteen days passes fast.

Book a consultation with our immigration lawyers in Surrey, Abbotsford or Vancouver, or online from anywhere in Canada.

Ready to book? Open the booking form ↑

Sources (official)

• Immigration and Refugee Protection Regulations, s. 205 and s. 182
• Immigration and Refugee Protection Act, s. 72
• IRCC, open work permits for family members of foreign workers (modified June 12, 2026); help your spouse or common-law partner work in Canada (students) (modified February 3, 2026); in-Canada spousal sponsorship public policy instructions (modified November 20, 2025)
• Singh v. Canada (Citizenship and Immigration), 2026 FC 544 (April 23, 2026)
• Salkhan v. Canada (Citizenship and Immigration), 2025 FC 1746 (October 30, 2025)
• Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65

This article is general information, not legal advice. Every case depends on its own facts.