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What happens to separated spouse's SOWP?

What happens to separated spouse's SOWP?

Old Nov 4th 2008, 4:16 am
  #1  
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Default What happens to separated spouse's SOWP?

I know of a couple who are in Canada on temporary work permits and who have separated. Originally the principal TWP holder had been willing to keep things quiet, which had allowed the separated spouse to continue working in Canada on a spousal open work permit (SOWP). However, the principal TWP holder recently indicated an unwillingness to continue with the status quo, and has warned the separated spouse of an intention to "pull the pin" (that is, inform authorities that they are separated).

The person who had been the accompanying spouse now has asked me what will happen to their SOWP. I guess the following questions spring immediately to mind:
  • If the principal TWP holder blows the whistle, will the separated spouse be able to continue working for the term for which the SOWP originally was issued?

  • Will the separated spouse be able to continue living in Canada, but without working, for the remainder of the period for which the SOWP was issued?

  • Will the separated spouse have to leave Canada forthwith?

  • If the separated spouse has to leave Canada, am I correct in thinking that they can apply to CPC Vegreville for an extension of their visitor status in Canada and that, while they are waiting to hear back from Vegreville, they have implied authorization to remain in Canada (albeit without working)?
Any help would be appreciated.

Oh yes, perhaps a point of clarification would be in order. When these third party questions appear on the forum, I'm the first one to suggest that the person who made the query invite the person who wants the answers onto the forum. I know how difficult it is to answer questions that have been posed at arm's length. It feels to me like pushing a piece of string.

In this case, however, the person already is on the forum. But they feel extremely sensitive about their privacy, anonymity, etc., under these difficult circumstances. They contacted me by private message and asked me what their options were. Since I didn't know, I offered to pose the questions on their behalf.

So they will in fact be able to see the answers that you provide, nominally to me, but really to them.

If you need clarification in order to understand their situation more accurately, they will see your requests for clarification. I haven't discussed this with them, but I suppose they could provide those clarifications to me privately, and I could post them to the forum.

The only limitation is that I'll be away from home tomorrow (Tuesday, November 4th), so will only be able to get onto the forum tomorrow night. But I will check back at that time and see how this thread is getting along.

Many thanks.
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Old Nov 4th 2008, 5:16 pm
  #2  
PMM
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Default Re: What happens to separated spouse's SOWP?

Hi

Originally Posted by Judy in Calgary
I know of a couple who are in Canada on temporary work permits and who have separated. Originally the principal TWP holder had been willing to keep things quiet, which had allowed the separated spouse to continue working in Canada on a spousal open work permit (SOWP). However, the principal TWP holder recently indicated an unwillingness to continue with the status quo, and has warned the separated spouse of an intention to "pull the pin" (that is, inform authorities that they are separated).

The person who had been the accompanying spouse now has asked me what will happen to their SOWP. I guess the following questions spring immediately to mind:
  • If the principal TWP holder blows the whistle, will the separated spouse be able to continue working for the term for which the SOWP originally was issued?

    Probably not, but CIC may decide that that s/he is still a spouse if they are married, but if c/law may decide that the separation breaks that bond.

  • Will the separated spouse be able to continue living in Canada, but without working, for the remainder of the period for which the SOWP was issued?

    Yes, they revert to visitor as work permit is only a visitor's permit with permission to work.

  • Will the separated spouse have to leave Canada forthwith?

    No

  • If the separated spouse has to leave Canada, am I correct in thinking that they can apply to CPC Vegreville for an extension of their visitor status in Canada and that, while they are waiting to hear back from Vegreville, they have implied authorization to remain in Canada (albeit without working)?

Yes
Any help would be appreciated.

Oh yes, perhaps a point of clarification would be in order. When these third party questions appear on the forum, I'm the first one to suggest that the person who made the query invite the person who wants the answers onto the forum. I know how difficult it is to answer questions that have been posed at arm's length. It feels to me like pushing a piece of string.

In this case, however, the person already is on the forum. But they feel extremely sensitive about their privacy, anonymity, etc., under these difficult circumstances. They contacted me by private message and asked me what their options were. Since I didn't know, I offered to pose the questions on their behalf.

So they will in fact be able to see the answers that you provide, nominally to me, but really to them.

If you need clarification in order to understand their situation more accurately, they will see your requests for clarification. I haven't discussed this with them, but I suppose they could provide those clarifications to me privately, and I could post them to the forum.

The only limitation is that I'll be away from home tomorrow (Tuesday, November 4th), so will only be able to get onto the forum tomorrow night. But I will check back at that time and see how this thread is getting along.

Many thanks.
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Old Nov 4th 2008, 11:54 pm
  #3  
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Default Re: What happens to separated spouse's SOWP?

Many thanks for the assistance, PMM.
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