Difficult Situation with Common Law/PR. Need advice.

[BarryOSullivan]

Hi all,

My Canadian girlfriend and I applied for sponsorship back in the summer and my temporary open work permit came through after a couple of months. It's valid till 2020.

Sadly, I think our relationship may break apart but I wish to stay in Canada. Back when we were applying, our lawyer mentioned something about us needing to be together for the process to continue. I can't contact him about this because she may inadvertently hear and I'm not ready to have that conversation just yet.

I would like to know if my temp open work permit will remain valid regardless of what happens. Is it just the PR process which would be undermined by a breakup? I really don't want to lose my status here. This is a very difficult situation and I would appreciate some information to put my mind at ease.

 

[chocococo]

Could you seek legal counsel elsewhere on this matter?

It wouldn't be surprising if it did have an impact on your PR request... simply because laws are in place to protect Canadian citizens from people being with them only to become Canadian citizens themselves. It has happened often enough for CIC and the GC to enforce such laws.

I'm answering here based on what my gut is telling me, but I honestly have no clue. Good luck :/

 

[np08]

If your relationship is breaking up and not genuine anymore, you should withdraw your PR application. Otherwise you're committing misrepresentation and immigration fraud, and fighting against this is the exact reason why this process is as long and complicated as is.

Your work permit will remain valid until its expiry so if you're settled in, have a job, and want to remain in Canada for the time being, you can.

 

[BarryOSullivan]

If your relationship is breaking up and not genuine anymore, you should withdraw your PR application. Otherwise you're committing misrepresentation and immigration fraud, and fighting against this is the exact reason why this process is as long and complicated as is.

Your work permit will remain valid until its expiry so if you're settled in, have a job, and want to remain in Canada for the time being, you can.

First, thanks everybody for your responses. This is an incredibly difficult situation and I appreciate the help.

Second, are you positive that my work permit will remain valid? Someone on a Reddit immigration forum suspects it is contingent on my PR application which would render me baseless legally. I'll lose everything if that visa isn't valid. Maybe I should just try calling a new lawyer...

 

[np08]

First, thanks everybody for your responses. This is an incredibly difficult situation and I appreciate the help.

Second, are you positive that my work permit will remain valid? Someone on a Reddit immigration forum suspects it is contingent on my PR application which would render me baseless legally. I'll lose everything if that visa isn't valid. Maybe I should just try calling a new lawyer...

Even though it would make complete sense for the work permit to be conditional on the PR app and to be cancelled with it, it's actually not. I thought the same, but work permits remain valid unless specifically revoked, which happens rarely in extreme cases related to crime and the like, not your regular relationship dissolution.

 

[BarryOSullivan]

Even though it would make complete sense for the work permit to be conditional on the PR app and to be cancelled with it, it's actually not. I thought the same, but work permits remain valid unless specifically revoked, which happens rarely in extreme cases related to crime and the like, not your regular relationship dissolution.

Thank God. You are easing so much anxiety here, my friend! That is something to hang on to. Thank you so much

 

[monkeys89]

First, thanks everybody for your responses. This is an incredibly difficult situation and I appreciate the help.

Second, are you positive that my work permit will remain valid? Someone on a Reddit immigration forum suspects it is contingent on my PR application which would render me baseless legally. I'll lose everything if that visa isn't valid. Maybe I should just try calling a new lawyer...

It isn't contingent on the PR application.

However, it's not a visa. It's a permission to work. If you are not visa-exempt, and you leave the country, you will require a visa to be re-admitted, which may be denied.

 

[canuck_in_uk]

First, thanks everybody for your responses. This is an incredibly difficult situation and I appreciate the help.

Second, are you positive that my work permit will remain valid? Someone on a Reddit immigration forum suspects it is contingent on my PR application which would render me baseless legally. I'll lose everything if that visa isn't valid. Maybe I should just try calling a new lawyer...

The issuance is contingent on the inland PR app. However, once a work permit is issued, it remains valid until expiry or formal revocation by IRCC, which only happens in extreme situations like deportations.