HELP! (family class in-canada, separation...)

[marsilius]

Dear Board,

I moved to Canada last year with my Canadian wife and Canadian children from the US. We applied for PR spousal, inland. I received an open work permit in September.

Whereupon my wife moved out and started legal separation. What she may not have known (and I did not realise in the emotional fog) is that PR inland is contingent on cohabitation. She informed IRCC of her new address. They called me and have sent me a letter saying, basically, "you aren't cohabiting, so you aren't eligible. Prove cohabitation."

I won't lie, and we aren't really cohabiting. I assume this means my PR application gets denied. But...then what? my young kids are here:
(1) do I lose my open work permit (valid for two years, but notes "temporary resident status maintained as per r183 6 pending fc apr")?
(1.A) If I lose the OWP, does it become invalid immediately? Do I get a removal order?
(2) What the hell do I do to not abandon my kids?
(2.A) is the only option humanitarian and compassionate?
(2.B) can a separated spouse sponsor me outland somehow?

please please help. I'm a doting dad in the most bottomless pit of despair - I feel like I'm about to lose my kids; I've lost my marriage already. AND...there's soooo much snoW!

Thanks.

 

[Wakki]

(1) No
(1.A) if OWP already approved.....it will remain valid until expiry.
(2) your kids can't sponsor you until they are 18 years old.....you may apply through other streams like express entry.....
(2.A) not sure but you may try
(2.B) separated spouse can't sponsor you outland

 

[Amy mouse]

I'm so sorry this happened. You must he heart broken, knowing you will leave the kids behind definitely try for the humanitarian. But to do so I think you have to appeal the first rejection. I cant begin to imagine how you ate feeling. Big hugs

 

[canuck78]

You will be expected to work out a custody agreement like other separated spouses. You can ask for primary custody and ask that the kids live with you in US if you want. Now that you separate it is really a family law issue.

 

[zardoz]

Dear Board,

I moved to Canada last year with my Canadian wife and Canadian children from the US. We applied for PR spousal, inland. I received an open work permit in September.

Whereupon my wife moved out and started legal separation. What she may not have known (and I did not realise in the emotional fog) is that PR inland is contingent on cohabitation. She informed IRCC of her new address. They called me and have sent me a letter saying, basically, "you aren't cohabiting, so you aren't eligible. Prove cohabitation."

I won't lie, and we aren't really cohabiting. I assume this means my PR application gets denied. But...then what? my young kids are here:
(1) do I lose my open work permit (valid for two years, but notes "temporary resident status maintained as per r183 6 pending fc apr")?
(1.A) If I lose the OWP, does it become invalid immediately? Do I get a removal order?
(2) What the hell do I do to not abandon my kids?
(2.A) is the only option humanitarian and compassionate?
(2.B) can a separated spouse sponsor me outland somehow?

please please help. I'm a doting dad in the most bottomless pit of despair - I feel like I'm about to lose my kids; I've lost my marriage already. AND...there's soooo much snoW!

Thanks.

Family Class Sponsorship is no longer an option for you. The rejection was correct for two reasons. Firstly, the relationship has broken down and secondly, you are not cohabiting in a conjugal relationship. Both of these are fatal to the Spouse or Common-Law Partner in Canada Class application

You should be investing your time and effort towards an economic class application of some sort. While one can't discount the possibility of a successful H&C application, I suspect that the odds are not good.

How long does the OWP have to run, and are you employed in a skilled NOC role, by a Canadian employer?

 

[shalenabennie]

I'm so sorry this happened. You must he heart broken, knowing you will leave the kids behind definitely try for the humanitarian. But to do so I think you have to appeal the first rejection. I cant begin to imagine how you ate feeling. Big hugs

Inland applications don't have the appeal right, unfortunately.

 

[marsilius]

yes, I'm a wreck.

Do I have to leave Canada in order to appeal for humanitarian grounds? Can I apply for economic pending the humanitarian?

My OWP has 2 years, and I am employed as an Executive Director of a non-profit by a Canadian non-profit.

Part of the complication is that there are no countries where the ex-spouse and I have the right to live. Kids are US+Can+UK. I am UK. She is Can.

I am reasonably fluently bilingual in French (native english). But...mostly just so terrified of losing my kids.

 

[zardoz]

yes, I'm a wreck.

Do I have to leave Canada in order to appeal for humanitarian grounds? Can I apply for economic pending the humanitarian?

My OWP has 2 years, and I am employed as an Executive Director of a non-profit by a Canadian non-profit.

Part of the complication is that there are no countries where the ex-spouse and I have the right to live. Kids are US+Can+UK. I am UK. She is Can.

I am reasonably fluently bilingual in French (native english). But...mostly just so terrified of losing my kids.

In that case, use the time on OWP to qualify for Express Entry - CEC class.
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/eligibility/canadian-experience-class.html

You have a far better chance with that than H&C.

 

[scylla]

Agreed with the above. Your chances of a successful H&C application are very very low.

Focus on qualifying for an economic immigration program.