+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Wife's open work permit after divorce

blue_guy

Newbie
Jan 4, 2021
5
0
Hi all!.
I have maybe one of the most frequently asked questions in this forum. However, I still do not have a final answer to this big problem. My relationship is breaking apart day by day and I can no longer stay with my wife for my physical and mental health. I am an international student and my wife has her open work permit conditioned to my study permit. We married in our home country and we've been living in Canada for a year and a half. I do really want to divorce but I feel like I need to stay as far as I can from her, so the question is: If we get divorced, will she have to go back to our home country since her open work permit is no longer valid, because she is not my "family member" anymore?
 

PMM

VIP Member
Jun 30, 2005
25,494
1,947
Hi

Hi all!.
I have maybe one of the most frequently asked questions in this forum. However, I still do not have a final answer to this big problem. My relationship is breaking apart day by day and I can no longer stay with my wife for my physical and mental health. I am an international student and my wife has her open work permit conditioned to my study permit. We married in our home country and we've been living in Canada for a year and a half. I do really want to divorce but I feel like I need to stay as far as I can from her, so the question is: If we get divorced, will she have to go back to our home country since her open work permit is no longer valid, because she is not my "family member" anymore?

1. No, but she won't be able to renew it.
 
  • Like
Reactions: blue_guy

Helican

Champion Member
Aug 18, 2017
1,713
372
India
Visa Office......
bangalore
VISA ISSUED...
08-17-2017
LANDED..........
Sept 2, 2017
Hi all!.
I have maybe one of the most frequently asked questions in this forum. However, I still do not have a final answer to this big problem. My relationship is breaking apart day by day and I can no longer stay with my wife for my physical and mental health. I am an international student and my wife has her open work permit conditioned to my study permit. We married in our home country and we've been living in Canada for a year and a half. I do really want to divorce but I feel like I need to stay as far as I can from her, so the question is: If we get divorced, will she have to go back to our home country since her open work permit is no longer valid, because she is not my "family member" anymore?
The work permit will remain valid until the expiry date. After that, she is on her own and cant renew the OWP. Depending on whenever her permit expires, she will need to look at other immigration programs to stay in Canada or leave.
 
  • Like
Reactions: blue_guy

blue_guy

Newbie
Jan 4, 2021
5
0
Hi

1. No, but she won't be able to renew it.
Ok, but can she keep working normally? I mean, Do I have any obligations with her since when you ask for a companion you need to prove a certain amount of money?
 

PMM

VIP Member
Jun 30, 2005
25,494
1,947
Hi

Ok, but can she keep working normally? I mean, Do I have any obligations with her since when you ask for a companion you need to prove a certain amount of money?
1. Yes, she can keep working until the work permit expires.
2. You could have obligations to her with a divorce, i.e. support, division of assets, but as to CIC no obligations.
 
  • Like
Reactions: blue_guy

blue_guy

Newbie
Jan 4, 2021
5
0
Hi folks
This finally came up, and we decided to separate. How much time do I have to warn the IRCC of this issue? Right now, I am a bit devastated, and I am not in the mood to start this process. What is the mandatory step I have to make at this very moment?
 

Simba112

VIP Member
Mar 25, 2021
4,354
1,578
Hi folks
This finally came up, and we decided to separate. How much time do I have to warn the IRCC of this issue? Right now, I am a bit devastated, and I am not in the mood to start this process. What is the mandatory step I have to make at this very moment?
To warn IRCC about what? And what do you mean mandatory step you have to make? Her work permit will continue to be valid until expiry date. And typical divorce process requires a separation period of 1 year then file either joint divorce or uncontested. There will be no impact on her immigration status as long as you are temporary resident. Your immigration status is independent of marital status and they dont overlap.
 

scylla

VIP Member
Jun 8, 2010
92,891
20,517
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hi folks
This finally came up, and we decided to separate. How much time do I have to warn the IRCC of this issue? Right now, I am a bit devastated, and I am not in the mood to start this process. What is the mandatory step I have to make at this very moment?
No - there's nothing you need to do right at this moment. No mandatory steps right now.
 

blue_guy

Newbie
Jan 4, 2021
5
0
To warn IRCC about what? And what do you mean mandatory step you have to make? Her work permit will continue to be valid until expiry date. And typical divorce process requires a separation period of 1 year then file either joint divorce or uncontested. There will be no impact on her immigration status as long as you are temporary resident. Your immigration status is independent of marital status and they dont overlap.
It is supposed that I have to inform IRCC as soon as I decided to separate my spouse, right? That's pretty much what the first answers said... that's what I meant with the mandatory steps.

No - there's nothing you need to do right at this moment. No mandatory steps right now.
Ok... then, 1 year later, is it possible to divide the folder account, and now each of us is by their own?
 

scylla

VIP Member
Jun 8, 2010
92,891
20,517
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
It is supposed that I have to inform IRCC as soon as I decided to separate my spouse, right? That's pretty much what the first answers said... that's what I meant with the mandatory steps.


Ok... then, 1 year later, is it possible to divide the folder account, and now each of us is by their own?
I'm not sure what you mean by folder account.