SOWP and Divorce

[sahir77]

"My wife and I were already married when we applied for our visas to Canada. She is a student, and I received an open work permit (SOWP) as her spouse. After arriving in Canada together, we separated. Will this separation affect my visa status, now that I am no longer living with her as her husband?"

 

[canuck78]

"My wife and I were already married when we applied for our visas to Canada. She is a student, and I received an open work permit (SOWP) as her spouse. After arriving in Canada together, we separated. Will this separation affect my visa status, now that I am no longer living with her as her husband?"

How long after arriving did you separate? Was your relationship over before entering Canad?

 

[sahir77]

we had been together 1 year before coming to Canada and after coming to Canada we were together for 2 months

 

[canuck78]

we had been together 1 year before coming to Canada and after coming to Canada we were together for 2 months

As long as you can prove you were in a relationship for the year before should be ok although there are some potential red flags. When did your spouse apply for a study permit & get approved for her study permit in relation to when you got married? Was this an arranged marriage? You got denied a study permit in 2020 what about other attempts to come to Canada? Are there any red flags when it comes to your relationship like significant age differences, educations levels, etc.? Do you have proof that you lived together and were in a relationship for 1 year in your home country? It also appears as though you entered Canada over a year ago. When does your SOWP end?

 

[scylla]

"My wife and I were already married when we applied for our visas to Canada. She is a student, and I received an open work permit (SOWP) as her spouse. After arriving in Canada together, we separated. Will this separation affect my visa status, now that I am no longer living with her as her husband?"

Your SOWP remains valid.

 

[canuck78]

Agree there is no risk to your current SOWP but in subsequent applications your background may be looked at more carefully.