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Prinicpal applicant returning, spouse wants to stay

Prinicpal applicant returning, spouse wants to stay

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Old Mar 21st 2009, 6:38 pm
  #1  
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Default Prinicpal applicant returning, spouse wants to stay

Greetings,

Apologises for asking a question on my first post but can't find the answer to our problem.

My family and I have been in Manitoba for just under a year. My daughters are in school and my spouse does not work

We have been having marriage difficulties and I have made the very difficult decision to return to the UK. I will be resigning from my job very shortly.
o
The problem is I need to return to the UK to look for work and find somewhere for us to live. We have a house to sell in Manitoba and we would like the girls to finish out the school year.

How long can my spouse be out here without me? I have a year of my work permit left.

Also worst case senario what if they decide not to follow me ? do they have a right to be here on their visitors visa? I know if my spouse wanted to work and LMO would be needed

Thanks for reading
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Old Mar 21st 2009, 9:21 pm
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Default Re: Prinicpal applicant returning, spouse wants to stay

Hi

Originally Posted by wendyboatcomes
Greetings,

Apologises for asking a question on my first post but can't find the answer to our problem.

My family and I have been in Manitoba for just under a year. My daughters are in school and my spouse does not work

We have been having marriage difficulties and I have made the very difficult decision to return to the UK. I will be resigning from my job very shortly.
o
The problem is I need to return to the UK to look for work and find somewhere for us to live. We have a house to sell in Manitoba and we would like the girls to finish out the school year.

How long can my spouse be out here without me? I have a year of my work permit left.

Also worst case senario what if they decide not to follow me ? do they have a right to be here on their visitors visa? I know if my spouse wanted to work and LMO would be needed

Thanks for reading
They can remain to the end of their visitor status. The girls study permits are probably a little iffy as they are based on your wp and you being in Canada.
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Old Mar 21st 2009, 10:41 pm
  #3  
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Default Re: Prinicpal applicant returning, spouse wants to stay

Originally Posted by wendyboatcomes
Greetings,

Apologises for asking a question on my first post but can't find the answer to our problem.

My family and I have been in Manitoba for just under a year. My daughters are in school and my spouse does not work

We have been having marriage difficulties and I have made the very difficult decision to return to the UK. I will be resigning from my job very shortly.
o
The problem is I need to return to the UK to look for work and find somewhere for us to live. We have a house to sell in Manitoba and we would like the girls to finish out the school year.

How long can my spouse be out here without me? I have a year of my work permit left.

Also worst case senario what if they decide not to follow me ? do they have a right to be here on their visitors visa? I know if my spouse wanted to work and LMO would be needed

Thanks for reading
It seems that according to the rules you can remain in Canada for the validity of your work permit, even if you are not working for the employer named on it any longer. Normally when your spouse arrives in Canada (with you or subsequently) they are issued a visitor visa tomatch the duration of your work permit. So presumably this also has a year of validity left? I could stand to be corrected here but I dont see anything in the rules that says visitor visas or study permits cease to be valid as long as your work permit is still valid (and this would seem to be the case whether you are in Canada or not and whether you are still working for the named employer or not).

Note that if your spouse does need to work and you are working in a skilled occupation based on an LMO, then your spouse can apply for a Spousal Open Work Permit which does not require an LMO (the duration would normally match the remaining validity on your own work permit). It might be advantageous to do this now in case it is needed in the future.
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