Adivce and legal rights for non-Canadian citizen

[greyem12]

I'm originally from the US but moved to Canada in June 2014 to pursue a life for myself and with my wife who is Canadian. We planned to do Outland Sponsorship so that I could eventually obtain PR status and work. Sadly, she now wants to divorce and I'm feeling left high and dry.

While I know I could go back to the States and set up camp anywhere, starting a new life—that isn't what I want let alone do I believe it to be the most healthy thing for me psychologically. I've been here just shy of two years and this is my home. I'm scared that not only am I losing a marriage but I'll be forced into a position where I have to leave the country to return to a place that reflects my passport but not my heart.

My question is: Do I have any rights? If so, what can do to stay here so I can obtain a work visa and make a life for myself?

 

[scylla]

No - you don't have any rights with regards to remaining in Canada. However you do have a few different options for trying to stay in Canada.

One option would be a temporary work permit. You'll need to first find an employer willing to offer you a full time job. If that job qualifies under NAFTA - then you can apply for the work permit based on the job offer alone. If not, then the employer will need to obtain an LMIA before you can qualify for a work permit. Note that it does tend to be quite difficult to find employers as a foreign worker unless you have specialized skills or experience.

Another option for remaining in Canada temporarily would be a study permit. You will need to ensure the studies you plan to take in Canada make sense in light of your previous education and experience. You will also need to demonstrate that you have sufficient funds to cover first year foreign tuition fees + living expenses. This means you'll need to show a bank balance with at least $25K in available funds to be approved. If you wish to go this route, you'll need to first be accepted into a school in Canada and then apply for a study permit.

Of course another option would be to apply to become a permanent resident through one of Canada's economic immigration programs like Federal Skilled Worker / Express Entry or one of the Provincial Nominee programs. You will have to research these to see what it takes to qualify and apply. If you are going to go this route, I would suggest that you start working now on obtaining some of the evidence / background information you'll need like getting experience letters from your past employers, getting your education officially assessed and taking a language test. Full details here: http://www.cic.gc.ca/english/immigrate/apply.asp