Immigration Status after Separation

[maple5]

Hello all,

I'm currently on temporary dependent work permit. However, my marriage doesn't work out so I'm considering a separation. During the one-year separation until the divorce can be done, can I still live in Canada? What legal status should I apply in order for me to be in Canada and have my divorce done?

Thank you very much!

 

[k.h.p.]

You can stay until your status expires. If you need to stay longer, you can apply to extend your stay as a visitor.

 

[babsizkil]

Hello all,

I'm currently on temporary dependent work permit. However, my marriage doesn't work out so I'm considering a separation. During the one-year separation until the divorce can be done, can I still live in Canada? What legal status should I apply in order for me to be in Canada in order to have my divorce done?

Thank you very much!

Yes you can stay in Canada , if your work permit is still valid. You can also apply to extend it from inside Canada. It depends on your ability to meet the eligibility for work permit extension from within Canada. However, if you apply to extend your stay as a visitor for you to stay longer, you will require a work permit in order to work.

 

[k.h.p.]

Yes you can stay in Canada , if your work permit is still valid. You can also apply to extend it from inside Canada. It depends on your ability to meet the eligibility for work permit extension from within Canada. However, if you apply to extend your stay as a visitor for you to stay longer, you will require a work permit in order to work.

OP's work permit is via a spouse. The relationship is ending, and OP would no longer qualify for a permit. It can't be extended.

 

[babsizkil]

OP's work permit is via a spouse. The relationship is ending, and OP would no longer qualify for a permit. It can't be extended.

What if OP get an offer of employment with LMIA or where applicable exemption from LMIA?

 

[k.h.p.]

What if OP get an offer of employment with LMIA or where applicable exemption from LMIA?

Then it's not an extension of a dependent work permit but a new work permit altogether.

 

[maple5]

If it can't be the case of work permit extension, how can I guarantee I can still be in Canada for the 1-year separation to finish and get my divorce done?

If I need a job offer and another work permit application, possibly this divorce process can't be guaranteed to be done.

Any idea? Thanks!

 

[canuck_in_uk]

If it can't be the case of work permit extension, how can I guarantee I can still be in Canada for the 1-year separation to finish and get my divorce done?

If I need a job offer and another work permit application, possibly this divorce process can't be guaranteed to be done.

Any idea? Thanks!

There is no guarantee. You don't need to be in Canada to complete the divorce.

 

[maple5]

Because it needs asset settlement etc., the process would be long and it needs the people involved to be in Canada.

I guess the extension of the work permit will work. Thanks a lot!

 

[Buletruck]

Because it needs asset settlement etc., the process would be long and it needs the people involved to be in Canada.

I guess the extension of the work permit will work. Thanks a lot!

As long as one of you is in Canada, the divorce can proceed. There is no requirement for you to be in Canada to settle assets. This can be done through a representative (lawyer). IRCC wouldn't see the necessity of you having a work permit just for divorce proceedings.

 

[canuck_in_uk]

Because it needs asset settlement etc., the process would be long and it needs the people involved to be in Canada.

I guess the extension of the work permit will work. Thanks a lot!

As I said, you don't need to be in Canada to do that.

You need to actually qualify for a work permit extension, which you likely won't.