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?

 

[Leon]

Your wife can not sponsor you if you are separated or divorced even if she wanted to. Besides, unless you have been married at least 2 years or have children together, you would have a condition on your PR to live with her for at least 2 years after getting PR.

Staying in Canada on temporary status or out of status does not give you any rights.

As for getting a work permit, you would have to find an employer willing to hire you. If your occupation falls under NAFTA, you basically need a job offer and then you can go to the border and get a work permit there. If it doesn't fall under NAFTA, the employer needs to go through a costly process in order to prove that he can not find a qualified person for the job in Canada. If he is approved, he gets what is called an LMIA (labour market assessment) and you can use that to apply for your work permit.

If you end up with a skilled job, you will have ways to apply for your immigration later. If not, then not. You could stay on a work permit for a certain number of years and then have to leave.

There are ways too where you can apply for PR directly but it depends on your education and work experience.

If you don't find a way to immigrate, I suggest you move to a border town. You can live and work on the US side and go over to Canada to visit.

 

[Rob_TO]

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?

Unfortunately the short answer is no. You will need to find a way to stay in Canada the same as any other US citizen would. Your time spent here already and your time spent with your Canadian ex-partner, is not relevant to you attempting to stay here going forward.

Also you say you "moved" to Canada in 2014, was that just under visitor status? Have you been renewing your visitor status or leaving and re-entering Canada as your status was set to expire? Make sure you always have legal status here and do not stay without status, as that could complicate any future attempt for you to stay and eventually immigrate here if you qualify.