Can spouse stay back in Canada on open work permit, while his/her spouse asked to go back?

[travel2Canada]

Hi ,
I was on closed work permit valid till Feb-2020, My spouse got open work permit and managed get a job last year . My employer is no more able to find new assignment, hence asking me to go back.
2 questions
1) Can my spouse stay back in Canada on open work permit, while his/her spouse asked to go back? Open work permit is valid until Feb 2020
2) We might be eligible to apply for PR under express entry with sufficient points probably in next round of invitations, If PR is in progress is there a way for both of us staying back in Canada , on that ground?

Thanks

 

[zardoz]

Hi ,
I was on closed work permit valid till Feb-2020, My spouse got open work permit and managed get a job last year . My employer is no more able to find new assignment, hence asking me to go back.
2 questions
1) Can my spouse stay back in Canada on open work permit, while his/her spouse asked to go back? Open work permit is valid until Feb 2020
2) We might be eligible to apply for PR under express entry with sufficient points probably in next round of invitations, If PR is in progress is there a way for both of us staying back in Canada , on that ground?

Thanks

1) yes.
2) as a visitor I believe, until the expiry of the closed work permit. You can't work however. A PR application confers no immigration status either.

 

[travel2Canada]

1) yes.
2) as a visitor I believe, until the expiry of the closed work permit. You can't work however. A PR application confers no immigration status either.

Many thanks for quick reply, follow up questions
1) Spouse on work permit - Is it fine to visit the home country and travel back to Canada without spouse having closed work permit? Wouldn't it be issue in port of entry?
2) Should I apply for visitor visa in this case?

 

[zardoz]

Many thanks for quick reply, follow up questions
1) Spouse on work permit - Is it fine to visit the home country and travel back to Canada without spouse having closed work permit? Wouldn't it be issue in port of entry?
2) Should I apply for visitor visa in this case?

1) The work permit is not, if I remember correctly a travel document, so an appropriate visa is probably required as well. The work permits are independent of each other.
2) Same reasoning as 1).

I'll let others comment as well.

 

[canuck_in_uk]

Many thanks for quick reply, follow up questions
1) Spouse on work permit - Is it fine to visit the home country and travel back to Canada without spouse having closed work permit? Wouldn't it be issue in port of entry?
2) Should I apply for visitor visa in this case?

1. Its fine.

2. You don't need to apply for visitor status. You can stay on your work permit but cannot work for any other employer.

 

[travel2Canada]

1. Its fine.

2. You don't need to apply for visitor status. You can stay on your work permit but cannot work for any other employer.

Thanks