Temporary permit status

Old Aug 31st 2013, 11:27 pm
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Default 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?
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Old Aug 31st 2013, 11:30 pm
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Default Re: Temporary permit status

Originally Posted by Emma1979
What happens if my spouse has a permit via myself and we split. Can my spouse remain in the country until it expires?
Yes. Can stay for the validity of the permit issued. Im assuming spousal open work permit?
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Old Aug 31st 2013, 11:31 pm
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Default Re: Temporary permit status

Hi yes it's an open permit.
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Old Sep 1st 2013, 6:52 am
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Default Re: Temporary permit status

Originally Posted by Emma1979
Hi yes it's an open permit.
Is this the case if the primary LMO holder goes back to uk?
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Old Sep 1st 2013, 7:15 am
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Default Re: Temporary permit status

Originally Posted by Emma1979
Is this the case if the primary LMO holder goes back to uk?
Yes. It's an open work permit valid for the same length of time as the original TWP holder's work permit. What you decide to do has no relevance on your partners status.

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Old Sep 1st 2013, 5:06 pm
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Default Re: Temporary permit status

Hi


Originally Posted by Siouxie
Yes. It's an open work permit valid for the same length of time as the original TWP holder's work permit. What you decide to do has no relevance on your partners status.

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 If the holder of the primary work permit leaves Canada, then the open work permit for the spouse is no longer valid.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.
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Old Sep 1st 2013, 6:45 pm
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Default 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?
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Old Sep 1st 2013, 6:47 pm
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Default 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.
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Old Sep 1st 2013, 9:07 pm
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Default Re: Temporary permit status

Originally Posted by PMM
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.
Apologies. I had presumed that because the spouse would still be physically residing in Canada whilst working that they could continue to be able to utilise the work permit. I didn't realise it was a requirement that 'both' were resident and not 'either/or'.

Originally Posted by Emma1979
He got his via his work. He was offered employment and given an LMO from this employer and they supplied it.
If he got an LMO through his employers and used that to obtain a Temporary Work Permit that is very different to getting a Spousal Open Work permit on the back of your TWP.

Did you apply for PNP by any chance?

Which is it that he has?
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Old Sep 4th 2013, 5:01 pm
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Default 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.
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Old Sep 4th 2013, 5:42 pm
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Default Re: Temporary permit status

Originally Posted by Emma1979
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.
How did your spouse get their work permit?

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?
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