marieceleste

I was the principle applicant on a 2 year work permit. My partner got an open work permit at the port of entry.
I came home to the U.K and he decided to stay in Canada. He is currently working non skilled jobs. He only got his work permit because he was accompanying me. Now I have come back to U.K is his permit still valid? Can he legally stay/work in Canada until the permit runs out?

PMM

Hi


Nope, his permit expired as soon as you left Canada.

Section 5.38 http://www.cic.gc.ca/english/resourc...w/fw01-eng.pdf

marieceleste

Thanks for the speedy reply PMM, it confirms what I expected.

Paul Wildy

Personally I dont see anything in FW1 5.38 that says the spousal open work permit expires if the principal foreign worker leaves the country. Provided that the principal work permit is still valid (regardless of whether the worker is no longer working) the SOWP should also continue to be valid.

mandymoochops

I think the answer would lay mainly in the word 'spousal'. If the op has left due to a relationship breakup - then the spousal element no longer exists, but does the permit not automatically transfer to being a visitors permit for its duration?

lancashirebird

he has to aplly for a change on that............
But i was advised that if my OH left then i would no longer be able to use mine either
Hope that helps

mandymoochops

Hang on a mo - so a sowp is obviously no longer valid when the couple splits up - I get that - but are you saying that the person who owns the sowp has to apply to whoever to get the permit changed to a visitors permit for its duration?

PMM

Hi

The following is the quote

"• The principal foreign worker and spouse must physically reside, or plan to physically reside,in Canada while working.

lancashirebird

Yes, your wp would be cancelled due to the fact that you are no longer allowed a wp as your OH is no longer etc etc
so you are here why???
so you have to apply to stay longer than the 6mths you normally get at port of entry..............
you get what i am saying ???