Study visa, work permit, divorce/separation and PR application

[su.wei]

My partner and I moved here from the USA with our two children on his study permit (phd) and I acquired an open work permit accompanying him.

Our plan has been to apply for PR under Ontario's phd stream. My partner is graduating and has a skilled full time job offer.

Now the problem. We may be separating and I am concerned about how this will affect my open work permit. Will I lose my visa if we aren't living together? Also will separating affect my ability or my children's ability to apply for PR with him?

 

[scylla]

Your open work permit will continue to be valid until it expires.

Your children can still obtain PR along with their husband. Separating won't prevent this.

 

[su.wei]

Your open work permit will continue to be valid until it expires.

Your children can still obtain PR along with their husband. Separating won't prevent this.

Ahh. I see. Thank you for answering.

Am I right to assume that I would not be eligible to reapply for a work permit or PR if we were to physically separate but not divorce? Or would there be some way for me to apply in order to stay with my children assuming he and the kids apply?

 

[scylla]

Ahh. I see. Thank you for answering.

Am I right to assume that I would not be eligible to reapply for a work permit or PR if we were to physically separate but not divorce? Or would there be some way for me to apply in order to stay with my children assuming he and the kids apply?

If you're separated, you won't qualify for an open work permit unless you commit misrepresentation (i.e. lie) and say you're still together. Very bad idea that you do that.

You would have to qualify for PR on your own through an economic stream like Express Entry.

Having children in Canada unfortunately don't give you a path to PR.