My spouse sponsored me for PR through inland program. I landed January 2018 but the paperwork wasn't submitted until September 2018. We have a child born here in June of 2018. Our relationship was genuine but has now broken down. We were never required to even go for an interview. Now She wants a divorce and says she must remove sponsorship. She has been approved as a sponsor and everything has been accepted just waiting for final approval. The site estimate is September 2019. I'm afraid that I am going to lose my status and have to leave the country. I can accept that our marriage is over but I just want to remain here for our child. I have been the primary care giver since my wife returned to work. I looked at the humane and compassionate grounds status but it seems like they are rarely approved. I've tried to reconcile our marriage but she is not interested and insists that she must remove sponsorship. I'm very afraid that I'm going to be removed from Canada and will have no grounds to see my child and no way to share custody. Please advise with any resources you think may help. Thank you.
Sponsorship breakdown
- Thread starter bradbyars
- Start date
You didn't "land" in January 2018 as that requires a COPR. You arrived in Canada in January 2018. Did you enter under a tourist visa or another entry category? What allowed you to stay for eight or nine months until your paperwork was submitted?
If the relationship has broken down, you have no claim under spousal sponsorship. You need to find some other way for you to stay in Canada, and that may be a challenge.
What is your country of origin?
If the relationship has broken down, you have no claim under spousal sponsorship. You need to find some other way for you to stay in Canada, and that may be a challenge.
What is your country of origin?
Un
US. Yes I arrived on tourist visa bit not "landed". Sorry for confusion. Trying times right now
Have you returned to the US at all in the intervening 8 months, or have you applied for an extension on your admission to the country?
If she withdraws the sponsorship, you will be in a position of being in Canada without status, which will complicate matters further. US residents have an easier time getting into Canada, especially by land, but you need to mind your status.
I don't have a lot of experience with H&C considerations, but from what I understand, they are very difficult to prove. You being a US citizen will likely make them more difficult to prove, unfortunately.
Do you qualify under any other grounds to immigrate to Canada? Have you applied for an OWP as part of your inland application?
If she withdraws the sponsorship, you will be in a position of being in Canada without status, which will complicate matters further. US residents have an easier time getting into Canada, especially by land, but you need to mind your status.
I don't have a lot of experience with H&C considerations, but from what I understand, they are very difficult to prove. You being a US citizen will likely make them more difficult to prove, unfortunately.
Do you qualify under any other grounds to immigrate to Canada? Have you applied for an OWP as part of your inland application?
Also, and I'm sorry to say this, but you need to find a lawyer. Your case is about to get super complex if she's going to petition for divorce and withdraw your sponsorship. Very few of us armchair advisors on this site are able to competently provide you with advice in your situation. A lot of people will come here and say "talk to her and make it better," and a lot of people will say "time for you to leave." But only a lawyer can properly advise you on the issues of custody and visitation across international borders.
We submitted owp paperwork originally with the application. Never heard anything on that though now it says I can apply. She handled all the paperwork. I'm not sure of the status of OWP. I should have been more proactive in this paperwork but I wasn't. Clearly there were lots of things I should have done differently.
The OWP typically takes 3-4 months to process. You should find out if it's been approved. You can call CIC, or if you have access to your GCKey account or anything like that, you could try to see online.
If you've received an OWP it may give you grounds to stay in Canada for a slightly longer time.
If you've received an OWP it may give you grounds to stay in Canada for a slightly longer time.
And you haven't done anything to extend the validity of your stay? If that's the case, your OWP would have been rejected since by September 2018 you were in Canada without status. You need to be in status to apply for an OWP. A January admission would have only covered you through August.
My wife handled most of the paperwork. I honestly can't answer these questions. I have access to the GCKEY. I see nothing there that indicates an owp wa6 applied for. The site just says you may now apply for OWP. I'm not very experienced at navigating the site. My wife handled all the paperwork.
I would be checking to see what status you currently have in the country. If you arrived Jan-2018, Americans typically get 6 months authorization to stay, after that you have to get authorization to stay longer. If your spouse put in the spousal sponsorship in September-2018, that was past the 6 months, did she request authorization for you stay past the 6 months? Did you work in that period ? Has she already contacted CIC to cancel the sponsorship ? By law if the relationship has broken down, which it sounds like it has unfortunately, she or you MUST advise the Government regarding this, nothing less is immigration fraud. Want to emphasize that, you must notify immigration I am no expert, but #1, contact a lawyer, this forum is sponsored by a immigration firm, their number is on the top left, or on the top right, where it says "contact". #2, ensure you keep your legal status in the country. Your are American, but once you fall out of status, and out of the restoration time frame, then the gig is up, and it gets even more complicated, because basically you are here without status
If you are still on speaking terms with your spouse, reach out to them and see exactly what correspondence she has received regarding your sponsorship. If you do not know where you are on the immigration map per se, you don't know where you are heading.
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I get it, but you've come here for advice. I know you're in a tough time but you need to take some ownership here. I think you're out of status, which means you're illegally in Canada, which gives you another set of problems aside from the divorce and withdrawn sponsorship. This needs to be addressed in some way.
Did you apply to extend your stay in Canada before hitting the six month mark after arriving in January 2018?
If not, then you were out of status in Canada when the PR application was submitted and that's why you haven't received the OWP.
If I'm out of status why does the site say everything has been accepted and awaiting final approval? Sorry not trying to be smart. I realize how I have messed up. How do I check my status? She told.me she plans to withdraw sponsorship this week. Sorry my head is spinning and I'm here with our baby and I just dont want to lose her. I have no idea if an extension was filed.
This is normal. You can still apply for PR inland if you are out of status and everything can still be approved.
In my opinion you are definitely out of status and have been in Canada without status since mid 2018. This is why you haven't received the OWP yet.