CANADIAN SPOUSE SPONSORED OPEN WORK PERMIT- what happens if marriage breaks up?

[Ashi87]

Hello forum,

I am trying to get some information for one of my friends.

He came here as an international student for PG course, changed the college after coming here to private college, so din't qualify for a post graduate work permit. did a study of another year from the same college.

Fell in love with a Canadian citizen, got married. She sponsored him, he got the initial approval for PR application and is on an open work permit sponsored by spouse.

Got a permanent job on open work permit. Unfortunately, the relation din't work out and my friend has withdrawn the application of permanent residence and is going to file a divorce.

His employer wants to go for LMO for the extension of spouse sponsored open work permit since they have invested in training him for heavy machinery operation licenses.

My question is

His employer doesn't want to hire another person for that position since they invested a lot of money as mentioned in his job letter.

Does the employer need to advertise the job now to make attempts to hire a Canadian, permanent resident? or they are exempted from the efforts/advertisement since he is already working with them on an spousal open work permit- they can seek LMO and go for extension of WP.

Need an urgent reply.
Thanks.

 

[PMM]

HI

Hello forum,

I am trying to get some information for one of my friends.

He came here as an international student for PG course, changed the college after coming here to private college, so din't qualify for a post graduate work permit. did a study of another year from the same college.

Fell in love with a Canadian citizen, got married. She sponsored him, he got the initial approval for PR application and is on an open work permit sponsored by spouse.

Got a permanent job on open work permit. Unfortunately, the relation din't work out and my friend has withdrawn the application of permanent residence and is going to file a divorce.

His employer wants to go for LMO for the extension of spouse sponsored open work permit since they have invested in training him for heavy machinery operation licenses.

My question is

His employer doesn't want to hire another person for that position since they invested a lot of money as mentioned in his job letter.

Does the employer need to advertise the job now to make attempts to hire a Canadian, permanent resident? or they are exempted from the efforts/advertisement since he is already working with them on an spousal open work permit- they can seek LMO and go for extension of WP.

Need an urgent reply.
Thanks.

1. Sponsorship withdrawn, Spousal WP no longer valid.
2. Employer requires an LMO to hire your friend.

 

[Ashi87]

Yes, I am aware of the fact that employer needs LMO but does the employer has too advertise
the job also as they don't want to hire anybody else. My friend is already working on a permanent
position as per the job letter.

Reply appreciated.

Thank you.

 

[PMM]

Hi

Yes, I am aware of the fact that employer needs LMO but does the employer has too advertise
the job also as they don't want to hire anybody else. My friend is already working on a permanent
position as per the job letter.

Reply appreciated.

Thank you.

It doesn't matter, they have to advertise and prove that there no CCs or PRs available for the job.

 

[Larrah]

Hello my friend,
I just wish someone will answer my question...I sponsored my ex husband in the philippines and he came to canada last July 2007...Our marriage didn't work out once my brother help him to get a job in there company (his making $24 p/h) he starting to show his real attitude that until I found out that he just used me to come here in Canada...We have a daughter and he wasnt giving a child support since birth until I asked help with the family maintenance worker...and we end up in court bec. he refused to give the right amount for child support for our daughter...I remembered when I signed the spousal sponsorship agreement that Im only responsible for him for 3 years but he kept insisting that Im responsible for him 10 years, for i know that your only responsible 10 yrs if u sponsor your child or parents...I went directly to immigration to asked when was this 3 yrs obligations of the spousal sponsorship was been implement but the agent in immigration just told me to go directly to the website and I can't find it anywhere what the exact year and date....

 

[steaky]

In the guide, the length of undertaking for a sponsored spouse is 3 years after that person becomes a permanent resident. You can find this when you scroll down this webpage: http://www.cic.gc.ca/english/information/applications/guides/3900E2.asp

So he is lying.

 

[Baloo]

Hello my friend,
I just wish someone will answer my question...I sponsored my ex husband in the philippines and he came to canada last July 2007...Our marriage didn't work out once my brother help him to get a job in there company (his making $24 p/h) he starting to show his real attitude that until I found out that he just used me to come here in Canada...We have a daughter and he wasnt giving a child support since birth until I asked help with the family maintenance worker...and we end up in court bec. he refused to give the right amount for child support for our daughter...I remembered when I signed the spousal sponsorship agreement that Im only responsible for him for 3 years but he kept insisting that Im responsible for him 10 years, for i know that your only responsible 10 yrs if u sponsor your child or parents...I went directly to immigration to asked when was this 3 yrs obligations of the spousal sponsorship was been implement but the agent in immigration just told me to go directly to the website and I can't find it anywhere what the exact year and date....

I believe that the rule changed for spouses in 2002 from 10 years to 3 years.

 

[Larrah]

@ Steaky and Baloo appreciated so much for your reply