Marriage Failure While Processing Spousal Sponsorship

[nightSwan]

This case is nothing new but a very careful and expert advice is urgently needed. This woman is a very educated professional who has a masters degree and 10 years of international work experience not related to her education. She came to Canada as a Temporary Foreign worker. After 2 years, she and her Canadian boyfriend decided to marry. The Spousal Sponsorship was applied for. First stage approval was given, hence she is now Approved in Principle. She was granted an open work permit and started to work a job that lines up with her college degree. Unfortunately, the marriage does not seem to work and she considers leaving her husband. She is not yet a PR because the sponsorship is still in it's final stages. Can she withdraw from her husband's spousal sponsorship and look for other ways to obtain PR? When the spousal sponsorship is withdrawn, will she lose her Open Work Permit since it was obtained through Spousal? What will her status be? Will she be able to continue working her current job? Calling on experts out there with the most sound immigration advice please... :-X

 

[zameer2u]

Hi, i am a newbie here but what i know is even if she get a PR status and then file for divorce, the rules clearly state that the husband and wife must live together for 2 years in order to get the Permanent Residence and even if she tough it out for a couple more months to get the PR then as soon as she file for divorce it will change her status back to temporary resident.

 

[nightSwan]

She's still not a resident. The application is ongoing but she has no desire to continue with the spousal sponsorship as she doesn't need the abuse. Being a temporary resident is not a big deal since she knows she can apply for PR in other forms. She came to Canada on her own years ago and was offered PR thru PNP but she turned it down to move in with her husband. The question is, will she lose her Open Work Permit that was granted to her under the Spousal Sponsorship? She needs to eat, pay bills and support her daughter. How mean can the system be?

 

[zardoz]

I don't think that the OWP is automatically lost under these circumstances.

Even if it is lost, she MUST notify CIC that there has been a change in her relationship, so that the application can be terminated.

Failure to do so could result in her being accused of misrepresentation and being removed from Canada with a two year ban.