Failed Marriage, Failed Sponsorship

[US Father]

I am a US citizen. My Canadian ex-wife and I have two Canadian citizen sons ages 5 and 7. She ended the marriage 3 1/2 years ago after I had received first-stage approval of an in-country spouse sponsored application for PR. I had joint physical custody of the kids for three years, but finally relinquished custody to her last November because it was in the kids' best interests to live with their mother and I had not been able to visit family in the States for many years due to my attempts to stay in Canada with my small children. As unfair as it seems, it appears that I must resign myself to just seeing my Canadian kids for six months out of the year at most, which is breaking their little hearts. Is their some option I am overlooking for me to gain permanent residence so my kids can see me regularly? I don't qualify for skilled worker, or under any other category. I have never overstayed, never been deported, have no criminal record and I am self-supporting as an Internet-based translator. Can it really be possible that Canada discriminates against single parents like myself, despite its avowed commitment to family unification and humane immigration policies? Forcing my kids to be fatherless half the time for the next 15 years does not strike me as humane, when my only "crime" is no longer being married to their mother, especially since it was her idea. Since I left Canada, their mother has gone on social assistance, which probably would not have happened had I been able to stay in Canada and share in the child care, enabling her to work. So -- the intended purpose of the sponsorship law, to keep people (in this case, me) from going on welfare, is certainly not being met. In fact, because I am being excluded from full-time residence in Canada, my ex-wife and children are being forced onto social assistance. It's a byzantine, inhumane and costly approach to immigration policy and I find it difficult to believe there is no way out of this tragic breakup of my family.

 

[vik.brar]

You may apply for PR on H&C grounds.

Thanks

Regards,

Vik Brar

 

[US Father]

Thanks for your reply. Only 20% of H&C applications are approved and CIC policy specifies that the needs of Canadian citizen children, while taken into consideration, are usually not enough to justify approval of an H&C application, especially when the applicant can return to his home country without fear of reprisals. In fact, I have read that these days CIC goes out of its way to find reasons to refuse H&C applications when the needs of citizen children are the primary basis for the H&C application. H&C's are also extremely time-consuming and expensive, requiring repeated annual medical exams, etc. over the course of the 2-3 years it can take to be processed. Also, for an H&C an applicant must usually produce reams of documentation that he/she is an active member of the community, member of a church, a model parent, etc. And finally, while the H&C is in process there is no guarantee the applicant can remain in Canada. H&Cs are extremely stressful, time-consuming and costly undertakings, with no guarantee of success. When it comes to an H&C, CIC prefers to hear that there was abuse in the failed relationship, and I am reluctant to rake my ex over the coals just so I can see my kids every other weekend and one day per week, the normal schedule for a non-custodial parent.

 

[Leon]

There aren't any immigration classes for self employed people who work through the internet. If you were working as an employee, you would have a chance to get a work permit and a chance to later move towards immigration. Have you looked into that?

Another idea would be and of course this only works if your wife does too, live close to the border. If you have a Nexus card, your border crossings should be easy and instead of spending 6 months a year in Canada, you could spend every other day or every weekend or take your kids to your house a lot.

 

[iarblue]

Well all i can tell you is that you might want to see if you can move close to the border that is closest to your children and just make the travel across.Other than that there is not much you can do.Thats the problem with having children before you are a PR,i know its easier said than done but this is what happens.Good Luck

 

[sogwap]

As unfair as it seems, it appears that I must resign myself to just seeing my Canadian kids for six months out of the year at most, which is breaking their little hearts. ......
Can it really be possible that Canada discriminates against single parents like myself, despite its avowed commitment to family unification and humane immigration policies?

As far as options that is beyond my knowledge.

Just curious how/why will you be seeing your six months out of the year?
Also if she has full custody, but yet is on Social Assistance. Well that just does not make sense. But then a lot of family situations are a bit awkward.

Unfortunately immigration is difficult at best for all classes. Not because of honorable intentions, like yourself wanting to support and be with you children, but because of the abuse.

 

[canadianwoman]

Where do you and your wife live? I also think living near the border and just crossing over often to see the kids would be the best solution, provided your wife lives near the border. But since she's on welfare, there's no reason whe couldn't move closer; you're working independently, so could move as well.

 

[iarblue]

Yes so since she has full custody there is nothing she has to do to make it easier for you and its not likely she will.You only have the one option bud.Move closer to the border.
And she can be on assistance and still have full custody without any problems from anyone the only way the Canadian government will ever take children away from their mother is to prove her as unfit and that takes a lot of proof,of drugs,or child abuse,which is unlikely.
So brother you are stuck.