Spousal Visa Removal

[canadavisa072018]

Hello,

I'm asking this on behalf of a friend, My friend arrived in Canada with an Open Work Permit tied to his Wife's Student Visa, they basically have a Spousal Visa. They were married from their home country for a couple of years and after moving here, their relationship did not work out.

Now, Their question is.. Can the husband apply a direct Work Permit which is not tied to his Wife's Student Visa? Which means they can live separately here in Canada without being accused of marriage fraud? The husband is has a Full Time Permanent work here in Canada.

Looking forward to any advise.

Thank you so much!

 

[scylla]

Hello,

I'm asking this on behalf of a friend, My friend arrived in Canada with an Open Work Permit tied to his Wife's Student Visa, they basically have a Spousal Visa. They were married from their home country for a couple of years and after moving here, their relationship did not work out.

Now, Their question is.. Can the husband apply a direct Work Permit which is not tied to his Wife's Student Visa? Which means they can live separately here in Canada without being accused of marriage fraud? The husband is has a Full Time Permanent work here in Canada.

Looking forward to any advise.

Thank you so much!

Sure - he can do that. In order to apply for a closed work permit his employer will first need to obtain an approved LMIA.

 

[canadavisa072018]

Sure - he can do that. In order to apply for a closed work permit his employer will first need to obtain an approved LMIA.

Thank you, Closed work permit means he's only allowed to work for that company while he's here in Canada right? How long does it take for an LMIA to be approved?

 

[scylla]

Thank you, Closed work permit means he's only allowed to work for that company while he's here in Canada right? How long does it take for an LMIA to be approved?

Yes - a closed work permit only allows you to work for that one employer.

LMIA is a fairly long and involved process. The employer first has to advertise the job for a month to prove no Canadian could be hired for the role. Then the employer can submit the application for processing. Processing often takes 2-4 months. And of course there's never a guarantee of approval.

 

[canadavisa072018]

Yes - a closed work permit only allows you to work for that one employer.

LMIA is a fairly long and involved process. The employer first has to advertise the job for a month to prove no Canadian could be hired for the role. Then the employer can submit the application for processing. Processing often takes 2-4 months. And of course there's never a guarantee of approval.

Is this his only option? He's been working for the same company for 6 months now.

 

[scylla]

Is this his only option? He's been working for the same company for 6 months now.

Not sure what you mean by his only option. If he wants to move to a closed work permit, then an LMIA is required. His employer needs to obtain the LMIA before he can apply for the closed work permit.

 

[canadavisa072018]

Not sure what you mean by his only option. If he wants to move to a closed work permit, then an LMIA is required. His employer needs to obtain the LMIA before he can apply for the closed work permit.

I mean is that his only option on how he can get his own working visa that is not tied up to his spouse visa? thank you

 

[scylla]

I mean is that his only option on how he can get his own working visa that is not tied up to his spouse visa? thank you

He doesn't qualify for an open work permit on his own right now. The only reason he qualifies for an open work permit now is because it's tied to his spouse's study permit. If he wants an independent work permit (not connected to his wife) - then he needs to get a closed work permit. To get a close work permit, his employer first needs to obtain an approved LMIA.

The only other alternative is to be accepted and submit an application under one of Canada's immigration programs. If he is selected and submits a complete application that's accepted, they he could qualify for an open work permit that way.

There's no quick / easy path.

 

[canadavisa072018]

He doesn't qualify for an open work permit on his own right now. The only reason he qualifies for an open work permit now is because it's tied to his spouse's study permit. If he wants an independent work permit (not connected to his wife) - then he needs to get a closed work permit. To get a close work permit, his employer first needs to obtain an approved LMIA.

The only other alternative is to be accepted and submit an application under one of Canada's immigration programs. If he is selected and submits a complete application that's accepted, they he could qualify for an open work permit that way.

There's no quick / easy path.

Thank you so much.. That answers our question.