Separation while awaiting PR to be conferred

[Spinwmts]

Good Afternoon,

I am married to a Canadian and living/working in Canada (I have an open work permit for two years) while I wait for my PR Application to be processed (One more year to go!). Sadly, our relationship is on the ropes and I'm not sure we are going to make it another year until my PR application gets processed. I have a sweet two year old boy whom means the world to me, so I'm wondering about the following if we get separated and she withdraws the application:
1. Will my Work Permit be cancelled prematurely or will I at least have until that expires to immigrate some other way.
2. Is there anyway the PR process can continue if we are separated?
3. If not, would applying for PR under Humanitarian reasons be viable considering my son will be without his father if I am no longer able to stay.

Thank you so much for any advice. I'm at Death-con 2 and though I've tried everything in my power to keep my family together, it looks like separation is a real possibility, and it is critical that I stay here in Canada to be with my son.

Thanks again! Stephen

 

[Ponga]

Sorry to hear this.

It's hard to tell from your previous posts, but I suspect that you ended up submitting an Inland application and OWP. Is that correct?

If so, even though the OWP was issued solely because of the Inland application, it is apparently not linked to it after all. More than one person here has shared their [nearly] identical story and it did not impact the validity, or duration, of the OWP.

1. No, but when it expires you will need to find another way to remain in and/or immigrate to Canada.

2. Possibly, but it requires both people to keep it from CIC. However, if you end up with Condition:51 on your COPR, which it looks like you would, because you and your sponsor had not been together [married] for at least 2 years when your application was received by CIC, it would be considered immigration fraud, if caught. But...you also say that you have a 2 year old son. Was he born before your application was received by CIC? If he was, you will NOT have conditional PR.

3. Not likely, unfortunately.

If it's any consolation, CIC seems to be picking up the pace for Inland application processing.

Good luck to you and your family.

 

[Rob_TO]

2. Is there anyway the PR process can continue if we are separated?

Even if you can get the Inland app approved, in order to land as a PR both you and your sponsor must attend a landing interview together with CIC. At this interview, the officer will ask you and your sponsor if you're still in the relationship, or if anything has changed. Obviously if you are no longer in the relationship, both your and your sponsor would need to lie to CIC. I guess it's up to both of you if this is something you would be comfortable with doing.

There have been cases where at landing interview the officer wants to see proofs you are still living together (such as drivers licences or recent bank statements showing same address).

 

[Ponga]

Even if you can get the Inland app approved, in order to land as a PR both you and your sponsor must attend a landing interview together with CIC. At this interview, the officer will ask you and your sponsor if you're still in the relationship, or if anything has changed. Obviously if you are no longer in the relationship, both your and your sponsor would need to lie to CIC. I guess it's up to both of you if this is something you would be comfortable with doing.

There have been cases where at landing interview the officer wants to see proofs you are still living together (such as drivers licences or recent bank statements showing same address).

While this is the norm for an Inland applicant, some sponsors haven't been asked anything at all.

In my case, my sponsor simply had to provide a passport. The officer never asked a single question...not even the all important "Do you still wish to sponsor this person", which seemed odd. Of course, I didn't even realize it until about an hour later, after the euphoria/shock had started to wear off from becoming a PR.

 

[Spinwmts]

Thanks for the replies and info. I feel like it might be best to search for an alternative ways to stay in Canada just in case we do get separated. It is crazy to think that I can be totally settled in and end up having to leave... and living without my son is not an option so I really need to figure out a way to make this work.

Thanks again e1.