Separation during PR process - what happens to the dependent spouse?

[MJSPARV]

Hi all,

Curious if anyone knows what happens if the PA lets IRCC know that the PA and his or her spouse are now separated during the PR process? Is the dependent spouse booted from the application? Helping a friend navigate a difficult situation and her spouse told her he’s informed IRCC of their separation and that she’s off the PR application. However, her MP’s office has repeatedly contacted IRCC on her behalf and is always told she’s still on the application. Obviously this is causing a lot of stress and uncertainty for her as she tries to figure out what to do as her work permit is expiring. Any insight is appreciated! (It’s a provincial path to PR if that helps, don’t want to be too specific publicly to protect her privacy!)

 

[canuck78]

Hi all,

Curious if anyone knows what happens if the PA lets IRCC know that the PA and his or her spouse are now separated during the PR process? Is the dependent spouse booted from the application? Helping a friend navigate a difficult situation and her spouse told her he’s informed IRCC of their separation and that she’s off the PR application. However, her MP’s office has repeatedly contacted IRCC on her behalf and is always told she’s still on the application. Obviously this is causing a lot of stress and uncertainty for her as she tries to figure out what to do as her work permit is expiring. Any insight is appreciated! (It’s a provincial path to PR if that helps, don’t want to be too specific publicly to protect her privacy!)

She has to be withdrawn from the application if they are separated. She needs to find her own pathway to PR.

 

[scylla]

Hi all,

Curious if anyone knows what happens if the PA lets IRCC know that the PA and his or her spouse are now separated during the PR process? Is the dependent spouse booted from the application? Helping a friend navigate a difficult situation and her spouse told her he’s informed IRCC of their separation and that she’s off the PR application. However, her MP’s office has repeatedly contacted IRCC on her behalf and is always told she’s still on the application. Obviously this is causing a lot of stress and uncertainty for her as she tries to figure out what to do as her work permit is expiring. Any insight is appreciated! (It’s a provincial path to PR if that helps, don’t want to be too specific publicly to protect her privacy!)

If they have formally separated and the primary spouse can show this, yes, the dependent sposue can be removed from the application. The type of PR application doesn't matter.

If her work permit is expiring soon she needs to start looking into ways to extend her status in Canada independently (i.e. through a job offer and approved LMIA) since she cannot guarantee she will be able to rely on her spouse.

Are they still living together?

 

[canuck78]

If they have formally separated and the primary spouse can show this, yes, the dependent sposue can be removed from the application. The type of PR application doesn't matter.

If her work permit is expiring soon she needs to start looking into ways to extend her status in Canada independently (i.e. through a job offer and approved LMIA) since she cannot guarantee she will be able to rely on her spouse.

Are they still living together?

Even if not legally separated if no longer in a relationship, which appear to be the case, applicant is required to inform IRCC. The partner may need to be listed as non-accompanying if not divorced. In general the person needs to find their own pathway to PR and to remain in Canada.

 

[MJSPARV]

Somehow I missed all these replies… thanks all for the input! It confirms what I thought about having to be taken off the application.

I was assuming that her being off the application is what would happen but was surprised to hear that IRCC keeps telling her via the MP’s office that she’s still on the application. I’m kind of assuming that they haven’t connected the dots at IRCC yet. It’s unfortunate because she can’t really do much independently about her status while listed as a dependent on her separated husband’s application and she can’t remove herself apparently. Her job would be wiling to do LMIA for her but can’t while she’s on his. I’m hoping she goes the lawyer route (and have encouraged it) as it’s quite messy. (As it’s not my story to tell I’ve left out a good portion of the mess, but it’s there.)

and yes they’ve been living separately for over a year.