Common law separation

Old Apr 12th 2011, 12:35 pm
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Default Common law separation

Hi,

My common law partner and i are discussing the possibility of splitting up. I am in Canada on a work visa and she has a work visa tied to mine as my common law partner.
If we split, does she have to leave Canada? and if so, is there a cooling off period i.e. how long before she has to leave?
Also, do i have any legal obligation to inform the authorities of the separation?

Thanks for help
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Old Apr 13th 2011, 2:07 am
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Default Re: Common law separation

I'd be inclined to phone CIC and ask them what would happen.

I could see two outcomes, the first is that as her permit was granted due to her relationship to you, as that no longer exists the permit is invalid and thus she would have three months to leave Canada (or arrange for a new work permit of her own). The second is that her work permit will remain valid until it expires, at which point she could not renew it and would need to obtain her own work permit.
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Old Apr 13th 2011, 2:27 am
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Default Re: Common law separation

I think that the second option Sharkus has outlined is correct, and although her work permit is a SOWP, she can continue to use it even if you are not together (sorry to hear that btw).

I seem to recall that Mandymoochops had the same situation when she first came to Canada, so it might be worth having a hunt back through her previous posts for info.

Good luck.
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Old Apr 13th 2011, 2:32 am
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Default Re: Common law separation

Originally Posted by christmasoompa
I think that the second option Sharkus has outlined is correct, and although her work permit is a SOWP, she can continue to use it even if you are not together (sorry to hear that btw).

I seem to recall that Mandymoochops had the same situation when she first came to Canada, so it might be worth having a hunt back through her previous posts for info.

Good luck.
Yes I think that's true, but once it runs out, you have to have some other way of staying here.
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Old Apr 13th 2011, 2:12 pm
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Default Re: Common law separation

sorry just seen this!!!!!!

Your partners visa is tied to yours as long as you are in the same job! It's a suspiciously grey area however it does not categorically state that if you split, her visa becomes null and void.

So if you are on good terms you can split, you stay in the job that your visa ties you to, and her open work permit is good until it's expiry.

However if you wanted to play funny buggers, you would have to reapply for an LMO and change employers which would mean hers converts to a visitor visa for it's remaining period.

Clear as mud???!!!!!

Edited to add, when her work permit expires obviously she is no longer tied to you and will have to find alternate arrangements to stya in country if she wishes. If the job that she is doing now is on "the list" and she has (or will have) been doing it for 2 years, she can apply for pr via the Canadian Experience class. Or apply for a stuy permit if she has squllions of dollars (or you feel so inclined to help her out!)

Last edited by mandymoochops; Apr 13th 2011 at 2:16 pm.
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Old Apr 14th 2011, 2:15 am
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Default Re: Common law separation

I dont have any immigration advice, just wanted to say sorry your splitting that sucks.

Big Hugs!
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Old Apr 14th 2011, 4:21 am
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Default Re: Common law separation

Ok.
Thanks for all the advice. Very much appreciated.
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