Temporary permit status
Aug 31st 2013, 11:27 pm
#1
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Joined: Aug 2013
Posts: 5
Temporary permit status
What happens if my spouse has a permit via myself and we split. Can my spouse remain in the country until it expires?
Aug 31st 2013, 11:30 pm
#2
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Joined: Nov 2011
Location: Somewhere between Vancouver & St Johns
Posts: 19,851
Aug 31st 2013, 11:31 pm
#3
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Re: Temporary permit status
Hi yes it's an open permit.
Sep 1st 2013, 5:06 pm
#6
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Joined: May 2004
Posts: 9,708
Re: Temporary permit status
Hi
1. If the holder of the primary work permit leaves Canada, then the open work permit for the spouse is no longer valid. From the Foreign Worker Manual
5.38. Public policy, competitiveness and economy R205(c)(ii)
(snipped)
• The principal foreign worker must be doing work which is at a level that falls within National Occupational Classification (NOC) Skill Levels 0 , A or B. See the NOC site on HRSDC’s web page at http://www23.hrdc-drhc.gc.ca/2001/e/.../welcome.shtml. The skill levels can be found in the Matrix on the left-hand side of the screen.
• These skill levels include management and professional occupations and technical or skilled tradespersons.
• The principal foreign worker must either hold a work permit that is valid for a period of at least six month’s duration, or, if working under the authority of R186 without a work permit, must present evidence that they will be working for a minimum of six months.
• The principal foreign worker and spouse must physically reside, or plan to physically reside, in Canada while working.
5.38. Public policy, competitiveness and economy R205(c)(ii)
(snipped)
• The principal foreign worker must be doing work which is at a level that falls within National Occupational Classification (NOC) Skill Levels 0 , A or B. See the NOC site on HRSDC’s web page at http://www23.hrdc-drhc.gc.ca/2001/e/.../welcome.shtml. The skill levels can be found in the Matrix on the left-hand side of the screen.
• These skill levels include management and professional occupations and technical or skilled tradespersons.
• The principal foreign worker must either hold a work permit that is valid for a period of at least six month’s duration, or, if working under the authority of R186 without a work permit, must present evidence that they will be working for a minimum of six months.
• The principal foreign worker and spouse must physically reside, or plan to physically reside, in Canada while working.
Sep 1st 2013, 6:45 pm
#7
Joined: May 2004
Posts: 4,483
Re: Temporary permit status
Just how did your spouse get his permit. Did you sponsor him for PR as your spouse? Or did you have a TWP for yourself and he came with you and got an open TWP?
Sep 1st 2013, 6:47 pm
#8
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Re: Temporary permit status
He got his via his work. He was offered employment and given an LMO from this employer and they supplied it.
Sep 1st 2013, 9:07 pm
#9
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Joined: Apr 2009
Location: SW Ontario
Posts: 19,879
Re: Temporary permit status
Hi
1. If the holder of the primary work permit leaves Canada, then the open work permit for the spouse is no longer valid. From the Foreign Worker Manual
5.38. Public policy, competitiveness and economy R205(c)(ii)
(snipped)
• The principal foreign worker must be doing work which is at a level that falls within National Occupational Classification (NOC) Skill Levels 0 , A or B. See the NOC site on HRSDC’s web page at http://www23.hrdc-drhc.gc.ca/2001/e/.../welcome.shtml. The skill levels can be found in the Matrix on the left-hand side of the screen.
• These skill levels include management and professional occupations and technical or skilled tradespersons.
• The principal foreign worker must either hold a work permit that is valid for a period of at least six month’s duration, or, if working under the authority of R186 without a work permit, must present evidence that they will be working for a minimum of six months.
• The principal foreign worker and spouse must physically reside, or plan to physically reside, in Canada while working.
1. If the holder of the primary work permit leaves Canada, then the open work permit for the spouse is no longer valid. From the Foreign Worker Manual
5.38. Public policy, competitiveness and economy R205(c)(ii)
(snipped)
• The principal foreign worker must be doing work which is at a level that falls within National Occupational Classification (NOC) Skill Levels 0 , A or B. See the NOC site on HRSDC’s web page at http://www23.hrdc-drhc.gc.ca/2001/e/.../welcome.shtml. The skill levels can be found in the Matrix on the left-hand side of the screen.
• These skill levels include management and professional occupations and technical or skilled tradespersons.
• The principal foreign worker must either hold a work permit that is valid for a period of at least six month’s duration, or, if working under the authority of R186 without a work permit, must present evidence that they will be working for a minimum of six months.
• The principal foreign worker and spouse must physically reside, or plan to physically reside, in Canada while working.
Did you apply for PNP by any chance?
Which is it that he has?
Sep 4th 2013, 5:01 pm
#10
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Joined: Aug 2013
Posts: 5
Re: Temporary permit status
Sorry I'm really confused. Some people are telling me that the spouse visa will remain valid as it is purely in the spouse name.
Sep 4th 2013, 5:42 pm
#11
Banned
Joined: Apr 2009
Location: SW Ontario
Posts: 19,879
Re: Temporary permit status
Did they get a Spousal Open Work Permit at the border using your TWP to get it or did their employer get an LMO and then they applied for a Temporary Work Permit (independently of you) in their own right?
