Open work permit based on Wife LMIA

[Ochenta8]

Hello,

I need help. My wife got a LMIA and closed work permit and I got an Open Work permit Based on her work permit.

My wife quit the job in 2018 and my lawyer told us that It’s ok for me to continue working with my open work permit until my expired date.

However, after 2 months we got divorced and she moved from Canada. Again, the same lawyer told me everything was OK.

Now, almost 2 years after. The same lawyer told me that I’m working illegally because my work permit was based on her so once we got divorce my Work permit was invalided.

Can someone confirm any of this information?
Any experience or advise ??

 

[canuck78]

Hello,

I need help. My wife got a LMIA and closed work permit and I got an Open Work permit Based on her work permit.

My wife quit the job in 2018 and my lawyer told us that It’s ok for me to continue working with my open work permit until my expired date.

However, after 2 months we got divorced and she moved from Canada. Again, the same lawyer told me everything was OK.

Now, almost 2 years after. The same lawyer told me that I’m working illegally because my work permit was based on her so once we got divorce my Work permit was invalided.

Can someone confirm any of this information?
Any experience or advise ??

No you are still working legally if you are on the same work permit. Your WO must be expiring soon if she quit her job 2 years ago. Most closed work permits are 2-3 years.

 

[canuck_in_uk]

Hello,

I need help. My wife got a LMIA and closed work permit and I got an Open Work permit Based on her work permit.

My wife quit the job in 2018 and my lawyer told us that It’s ok for me to continue working with my open work permit until my expired date.

However, after 2 months we got divorced and she moved from Canada. Again, the same lawyer told me everything was OK.

Now, almost 2 years after. The same lawyer told me that I’m working illegally because my work permit was based on her so once we got divorce my Work permit was invalided.

Can someone confirm any of this information?
Any experience or advise ??

Your work permit remained valid.

 

[canuck78]

Just read your previous posts.

“He started working as a carpenter by Oct 2018. Before that He was waiting for his work permit. His boss didn't give him a T4 - I don't know the reason. So, he only worked 3 months back in 2018. He is going to file taxes as late return next week. But Without T4. As his boss will give him both...”

Is this true. It sounds like he was no longer with his wife at that point so if he was no longer with his wife before he got his OWP the OWP should have been cancelled. When did he actually get his SOWP and when did he and his wife break up?

 

[Ochenta8]

Just read your previous posts.

“He started working as a carpenter by Oct 2018. Before that He was waiting for his work permit. His boss didn't give him a T4 - I don't know the reason. So, he only worked 3 months back in 2018. He is going to file taxes as late return next week. But Without T4. As his boss will give him both...”

Is this true. It sounds like he was no longer with his wife at that point so if he was no longer with his wife before he got his OWP the OWP should have been cancelled. When did he actually get his SOWP and when did he and his wife break up?

The situation that I am presenting right now it’s from my roommate. The one that you brought here It was my boyfriend. To update the situation:

He got the divorce from his previous couple and we applied for an extension of his work permit based on my post grad work permit because we have been living together for more than a year (so we are common law).

Thank to god. His extension got approval a week ago! We both have work permits valid until the end of 2021.

 

[canuck78]

The situation that I am presenting right now it’s from my roommate. The one that you brought here It was my boyfriend. To update the situation:

He got the divorce from his previous couple and we applied for an extension of his work permit based on my post grad work permit because we have been living together for more than a year (so we are common law).

Thank to god. His extension got approval a week ago! We both have work permits valid until the end of 2021.

Should probably not say my wife when describing another person’s situation. We need a full background of the situation. What kind of permit did the wife have and when did she get it? When did the the husband get his work permit? Were they actually married during that time or had they already separated? How long had they been married before apply for the OWP? Had they ever lived together? Did they live together in Canada? Had the wife already started a new relationship?

 

[Ochenta8]

Should probably not say my wife when describing another person’s situation. We need a full background of the situation. What kind of permit did the wife have and when did she get it? When did the husband get his work permit? Were they actually married during that time or had they already separated? How long had they been married before apply for the OWP? Had they ever lived together? Did they live together in Canada? Had the wife already started a new relationship?

1. What kind of permit did the wife have and when did she get it?
The wife got a Lmia therefore, closed work permit. She got it back Jun 2018.

2. When did the husband get his work permit?
Same time as his wife because they are part of NAFTA (Mexican) So both together.

3. Were they actually married during that time or had they already separated?
They were together when they got both work permit. They married more than a year before that.

4. How long had they been married before applying for the OWP?
He said that exactly a year before. (Jun 2017)

5. Had they ever lived together? Did they live together in Canada?
They were living together back in Mexico before coming to Canada and here they were living together for about 6 months before divorcing.

6. Had the wife already started a new relationship?
Yes, She went back to Mexico in Dec 2018. Got engagement to a new guy and married him in 2019.
She is living in Europe with him. However, she is planning to come back to Canada with her new spouse.


That's all. He is contacting a new lawyer to see.
Let you know what happens next.
Thanks for all the replies.