Open Work Permit of Spouse who cheated on me.

[Mutazek]

My spouse has an open work permit that says that is conditioned to my study permit.

After 4 months of being here, she found a man (Canadian citizen) and fall in love with him, cheating me because she was still with me. I find out what was happening and decided to break with her and in the same day, she went to a more serious relationship with him.

I now want to update my application saying that she is no longer my spouse, I honestly want his permit to be canceled since I did all the process and put all the money on it and is kinda unfair.

Some advice if that is possible and how to do it?

 

[canuck78]

Unfortunately not much you can do about her open visa. She gets to keep it even if you separate.

 

[scylla]

As said above, you can't cancel it.

 

[Bryanna]

My spouse has an open work permit that says that is conditioned to my study permit.

After 4 months of being here, she found a man (Canadian citizen) and fall in love with him, cheating me because she was still with me. I find out what was happening and decided to break with her and in the same day, she went to a more serious relationship with him.

I now want to update my application saying that she is no longer my spouse, I honestly want his permit to be canceled since I did all the process and put all the money on it and is kinda unfair.

Some advice if that is possible and how to do it?

If you have one year residence status in the province where you are living, you can apply for divorce. Or else you can apply for divorce in your home country and submit a judicial decree of separation or the divorce petition to IRCC. They would consider these legal documents to re-evaluate her current status as the SOWP of your study permit.

You may also want to include any evidence if she was in a relationship with him before she applied for a SOWP as it could seem like she has committed misrepresentation

 

[zardoz]

Given the available information from the OP's narrative, I think that her SOWP is almost completely safe from being revoked. The 4 months gap would make it extremely difficult to demonstrate that "misrepresentation" has occurred.

 

[Bryanna]

Considering there is a complete breakdown in their relationship, there is no 'Spouse' left in the 'Spouse Open Work Permit' scenario. The OP should inform IRCC about the breakdown in the relationship because the SOWP was granted by proving there was a marriage/relationship between the OP and his wife.

It does happen quite often that someone is granted immigration/visas thanks to his/her relationship with X.... which then enables him/her to enter a country to resume a relationship with Y. Not sure if that was the case here or not, but the SOWP would be a misrepresentation of facts in that case

 

[zardoz]

Considering there is a complete breakdown in their relationship, there is no 'Spouse' left in the 'Spouse Open Work Permit' scenario. The OP should inform IRCC about the breakdown in the relationship because the SOWP was granted by proving there was a marriage/relationship between the OP and his wife.

It does happen quite often that someone is granted immigration/visas thanks to his/her relationship with X.... which then enables him/her to enter a country to resume a relationship with Y. Not sure if that was the case here or not, but the SOWP would be a misrepresentation of facts in that case

The continuing validity of a spousal work permit is not contingent on the relationship continuing past the point of issue. Otherwise we would be back in the issues caused by the imposition of Condition 51 with people being forced to stay in abusive relationships.

 

[Bryanna]

The continuing validity of a spousal work permit is not contingent on the relationship continuing past the point of issue. Otherwise we would be back in the issues caused by the imposition of Condition 51 with people being forced to stay in abusive relationships.

Condition 51 applied to spouses sponsored for permanent residence.... and not to spouses who were issued temporary resident visas on the basis of their spouse's study/work permits.

IRCC might take cognizance of the circumstances in the OP's case here as this is a temporary residence situation which is not in the same league as permanent residence. The OP has nothing to lose by informing IRCC about the breakdown in his marriage. If IRCC believes there's nothing to be done then so be it