Possible big mistake on OWP?

[OldUKLassy]

I came over here with my partner in 2014 and had a 1 year OWP with my partners work permit. We got an extension last year for another 2 years until next November 2019. However we split up at the beginning of this year.

I have a great job here, nice little place and it never dawned on me to tell CIC that we were no longer together which I know sounds complete madness but now I’m thinking that I’m wanting to go for my PR next year and this could be a huge booboo!

I cannot find anything to state on the website or my visa that tells me I should have, but equally I feel it should have been something i should have done.

Should I tell them now? My partner moved to the US so they’re not in Canada anymore... at a loss of what to do for the best as I was just going to apply for my PR alone and not worry about it.

Now I am tho!

Any advice?

 

[scylla]

I came over here with my partner in 2014 and had a 1 year OWP with my partners work permit. We got an extension last year for another 2 years until next November 2019. However we split up at the beginning of this year.

I have a great job here, nice little place and it never dawned on me to tell CIC that we were no longer together which I know sounds complete madness but now I’m thinking that I’m wanting to go for my PR next year and this could be a huge booboo!

I cannot find anything to state on the website or my visa that tells me I should have, but equally I feel it should have been something i should have done.

Should I tell them now? My partner moved to the US so they’re not in Canada anymore... at a loss of what to do for the best as I was just going to apply for my PR alone and not worry about it.

Now I am tho!

Any advice?

No need to notify IRCC. Your OWP is still valid even if you have slipped up.

 

[canuck_in_uk]

I came over here with my partner in 2014 and had a 1 year OWP with my partners work permit. We got an extension last year for another 2 years until next November 2019. However we split up at the beginning of this year.

I have a great job here, nice little place and it never dawned on me to tell CIC that we were no longer together which I know sounds complete madness but now I’m thinking that I’m wanting to go for my PR next year and this could be a huge booboo!

I cannot find anything to state on the website or my visa that tells me I should have, but equally I feel it should have been something i should have done.

Should I tell them now? My partner moved to the US so they’re not in Canada anymore... at a loss of what to do for the best as I was just going to apply for my PR alone and not worry about it.

Now I am tho!

Any advice?

Agree with above. This will not have any effect on a PR app.

 

[alexi99]

Hi just wanted to share my experience with OWPs linked with a partner's. Apparently your status is affected!

My husband was granted an OWP as he accompanied his now ex-partner to Canada who was entering with a skilled work permit.
They split up one year after and he then met me. We were concerned about his status, but like you said, nothing on the OWP says that the status is dependent on continuing the relationship with the partner and nothing is listed on the CIC website. We thought everything was fine and even entered and left Canada on multiple occasions with no issues at the border!

Then an issue occurred, while re-entering Canada, the border agent questioned him a bit more and asked if he was still with his ex and he responded no. He was then told that the work permit was no longer valid and he had no grounds for entry in Canada! He was eventually let in because we we were getting married that same month and had intention to apply for spousal PR, so he was given a temporary visitor record.

The whole process was stressful, and I wish the CIC would be clearer with the requirements for the partner linked OWP.

 

[monkeys89]

Hi just wanted to share my experience with OWPs linked with a partner's. Apparently your status is affected!

My husband was granted an OWP as he accompanied his now ex-partner to Canada who was entering with a skilled work permit.
They split up one year after and he then met me. We were concerned about his status, but like you said, nothing on the OWP says that the status is dependent on continuing the relationship with the partner and nothing is listed on the CIC website. We thought everything was fine and even entered and left Canada on multiple occasions with no issues at the border!

Then an issue occurred, while re-entering Canada, the border agent questioned him a bit more and asked if he was still with his ex and he responded no. He was then told that the work permit was no longer valid and he had no grounds for entry in Canada! He was eventually let in because we we were getting married that same month and had intention to apply for spousal PR, so he was given a temporary visitor record.

The whole process was stressful, and I wish the CIC would be clearer with the requirements for the partner linked OWP.

I'm completely conjecturing here, but would that OWP since it was tied to a skilled work permit, have different conditions than the OWP tied to a spousal permit?

The concept that a relationship could dissolve but the OWP issued per the relationship would remain valid has always puzzled me.

 

[np08]

I'm completely conjecturing here, but would that OWP since it was tied to a skilled work permit, have different conditions than the OWP tied to a spousal permit?

The concept that a relationship could dissolve but the OWP issued per the relationship would remain valid has always puzzled me.

Yeah, I'm thinking it's either different or he was just unlucky with the officer as these OWPs can be taken away if the relationship dissolves, but it usually only happens in extreme cases where the person is maybe arrested, imprisoned, deported, etc.

They normally remain valid for the full duration, regardless of the original relationship/PR application status.

Which is puzzling indeed. I always wondered, doesn't that then allow the person to get a PR through the Canadian Experience Class? When my wife was applying for it a few years ago, she needed one year of work experience in Canada. So, technically speaking, couldn't you apply for a PR just to get the OWP, withdraw or get rejected on the PR, get your one year of experience thanks to the OWP and then apply for the PR on your own?

 

[monkeys89]

I imagine if you take that route, you're likely to get a lot of scrutiny by CIC as you may be gaming the system to secure PR.

 

[alexi99]

I'm completely conjecturing here, but would that OWP since it was tied to a skilled work permit, have different conditions than the OWP tied to a spousal permit?

The concept that a relationship could dissolve but the OWP issued per the relationship would remain valid has always puzzled me.

Yes, we can only conjecture at this point as an outline of the specific conditions are not outlined anywhere I can find (i.e. at least have it clear on the work permit itself!).

It is a grey area though. If you have an OWP tied to a partner's skilled work permit and you split up, would you be instantly out of status? When would be an appropriate time for you to leave Canada as you no longer have appropriate status (1 week, 1 month, 3 months etc.)?

It sounds like we were just unlucky with the border agent as it was not an extreme issue of drugs/crime ... we were just coming back from vacation

 

[monkeys89]

Yes, we can only conjecture at this point as an outline of the specific conditions are not outlined anywhere I can find (i.e. at least have it clear on the work permit itself!).

It is a grey area though. If you have an OWP tied to a partner's skilled work permit and you split up, would you be instantly out of status? When would be an appropriate time for you to leave Canada as you no longer have appropriate status (1 week, 1 month, 3 months etc.)?

It sounds like we were just unlucky with the border agent as it was not an extreme issue of drugs/crime ... we were just coming back from vacation

If you were really that far out of status (ie, had been working illegally under that work permit, and really had no lawful way of entering the country) they should have refused you at the border.

 

[canuck_in_uk]

Hi just wanted to share my experience with OWPs linked with a partner's. Apparently your status is affected!

My husband was granted an OWP as he accompanied his now ex-partner to Canada who was entering with a skilled work permit.
They split up one year after and he then met me. We were concerned about his status, but like you said, nothing on the OWP says that the status is dependent on continuing the relationship with the partner and nothing is listed on the CIC website. We thought everything was fine and even entered and left Canada on multiple occasions with no issues at the border!

Then an issue occurred, while re-entering Canada, the border agent questioned him a bit more and asked if he was still with his ex and he responded no. He was then told that the work permit was no longer valid and he had no grounds for entry in Canada! He was eventually let in because we we were getting married that same month and had intention to apply for spousal PR, so he was given a temporary visitor record.

The whole process was stressful, and I wish the CIC would be clearer with the requirements for the partner linked OWP.

You got hit with a bad CBSA officer. The OWP was still valid. IRCC and CBSA have completely different mandates and treat situations differently. Unfortunately, CBSA does occasionally provide incorrect information because they are not immigration agents.

 

[OldUKLassy]

Hello everyone,

Just wanted to say a big thank you for responses and other people who added to the thread. I have two Lawyers, the original lawyer who put the 2 year SOWP tells me they are legally bound to tell immigration, but a new consultation stated the exam opposite though none of them can corroborate with any case law or written obligations... i'll keep you posted.