Divorce with a work visa that is only valid while spouse is in school

[Tristessa]

I’m hoping there are other people on this form who may have gone through similar situations.

My spouse and I came here together. He is an international student and my work visa states “only valid while spouse is enrolled in school”. The study visa and work visa expire February 2020.

We would like to get a divorce now but I’m concerned that my work visa will no longer be valid as soon as the divorce is finalized. Has anyone else been through something like this? Will the work visa continue to be valid until the original expiry date?

Thank you

 

[selvakk]

I’m hoping there are other people on this form who may have gone through similar situations.

My spouse and I came here together. He is an international student and my work visa states “only valid while spouse is enrolled in school”. The study visa and work visa expire February 2020.

We would like to get a divorce now but I’m concerned that my work visa will no longer be valid as soon as the divorce is finalized. Has anyone else been through something like this? Will the work visa continue to be valid until the original expiry date?

Thank you

I would suggest contacting a lawyer. They would be able to tell you if your status is valid post divorce.

 

[21Goose]

As far as I'm aware your work permit will no longer be valid once you get divorced. You will be allowed to stay in Canada till the permit expires, but cannot work.

 

[21Goose]

I don't mean to pry, but the divorce process should take longer than a few months, right? You'll only be losing a couple months of work

 

[Tristessa]

I would suggest contacting a lawyer. They would be able to tell you if your status is valid post divorce.

I did. One said it would not be valid and the other said I would be able to work until it expires.

 

[Tristessa]

I don't mean to pry, but the divorce process should take longer than a few months, right? You'll only be losing a couple months of work

We both want it, it shouldn’t take too long since we will not be fighting for who gets what. I’m trying to plan my next steps now so I am not surprised when the government says my work visa is invalid.

 

[21Goose]

We both want it, it shouldn’t take too long since we will not be fighting for who gets what. I’m trying to plan my next steps now so I am not surprised when the government says my work visa is invalid.

If it's amicable, perhaps you could separate for a few months and initiate proceedings in January. Obviously I know nothing about your situation, so this may not be possible.

 

[Tristessa]

I don't mean to pry, but the divorce process should take longer than a few months, right? You'll only be losing a couple months of work

If it's amicable, perhaps you could separate for a few months and initiate proceedings in January. Obviously I know nothing about your situation, so this may not be possible.

That was the plan but now he wants a different work visa and he can’t be married to get it.

‍

 

[canuck_in_uk]

I’m hoping there are other people on this form who may have gone through similar situations.

My spouse and I came here together. He is an international student and my work visa states “only valid while spouse is enrolled in school”. The study visa and work visa expire February 2020.

We would like to get a divorce now but I’m concerned that my work visa will no longer be valid as soon as the divorce is finalized. Has anyone else been through something like this? Will the work visa continue to be valid until the original expiry date?

Thank you

The work permit remains valid unless formally revoked by IRCC, which generally only happens in extreme situations involving things like criminality.

 

[21Goose]

The work permit remains valid unless formally revoked by IRCC, which generally only happens in extreme situations involving things like criminality.

For status, yes - but also for work? I thought you can no longer work if one of the conditions of the WP is no longer valid ("spouse in school").

https://divorce-canada.ca/anonymous-qa/divorce/will_i_get_deported_if_i_get_divorced -

 

[canuck_in_uk]

For status, yes - but also for work? I thought you can no longer work if one of the conditions of the WP is no longer valid ("spouse in school").

https://divorce-canada.ca/anonymous-qa/divorce/will_i_get_deported_if_i_get_divorced -

Everything that IRCC has communicated says that the permits remain valid to work. It is similar to inland spousal OWPs, which remain valid even if the sponsorship app is withdrawn or refused.

 

[21Goose]

Everything that IRCC has communicated says that the permits remain valid to work. It is similar to inland spousal OWPs, which remain valid even if the sponsorship app is withdrawn or refused.

Thanks. Could you point me to a source?

PS: I'm not doubting you, I just like to make bookmarks of primary sources for my own learning and future reference.

 

[canuck_in_uk]

Thanks. Could you point me to a source?

PS: I'm not doubting you, I just like to make bookmarks of primary sources for my own learning and future reference.

Lol, nothing wrong with doubting me. As much as I tell my partner I'm perfect, I've been known to be wrong .

It is primarily from the forum for all work permits. Situations where the spouse stops studying or finishes early, spouse quits skilled job or is fired/laid off, inland sponsorship app is refused or withdrawn. IRCC states that the permits remain valid and usable.