Husband wants to divorce during application process

[satch]

Hello, my husband is Canadian citizen and my sponsor. We have a baby together who is a year old. After a fight about him drinking too much he told me that he wants to divorce me. My application for PR is still in process after 14 months. I am scared to have to leave Canada and leave my daughter behind. Please help! She was born here in Canada. What are my options I am still in shock as it came pretty much out of the blue so to say.

 

[releasethestar]

I'm not sure, but I did find this thread that was properly responded to regarding this question:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/divorce-during-sponsorship-application.266456/

 

[satch]

I'm not sure, but I did find this thread that was properly responded to regarding this question:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/divorce-during-sponsorship-application.266456/

So I would have to leave and my daughter would have to stay in Canada?

 

[scylla]

Hello, my husband is Canadian citizen and my sponsor. We have a baby together who is a year old. After a fight about him drinking too much he told me that he wants to divorce me. My application for PR is still in process after 14 months. I am scared to have to leave Canada and leave my daughter behind. Please help! She was born here in Canada. What are my options I am still in shock as it came pretty much out of the blue so to say.

If you divorce or if you husband cancels the application, then you will have to find a way to qualify to stay in Canada on your own merits. Having a Canadian child in Canada doesn't give you a path to PR.

Have you looked into Canada's economic immigration programs like Express Entry? Do you qualify for any of those?

Another option would be H&C - however approval rates are very low.

 

[satch]

That's really bad news. So in other words me as her main caretaker will have to leave without my child and basically my husband could take our child away from me by doing this. I am educated have a college diploma (3 years of college) and some university. Just that I didn't graduate in any of the desired field like nurse or doctor.

 

[scylla]

That's really bad news. So in other words me as her main caretaker will have to leave without my child and basically my husband could take our child away from me by doing this. I am educated have a college diploma (3 years of college) and some university. Just that I didn't graduate in any of the desired field like nurse or doctor.

Have you researched the Express Entry immigration program? (It doesn't sound like you have.) It's not about graduating from a desired field. There is no occupation list or occupation preference list. All skilled occupations are treated the same (i.e. all occupations that fall under NOC A, B or 0). To qualify, you must have at least one year of full time paid work experience in a NOC A, B or 0 profession. Additional points are given for level of education, language skills, etc.

And no - you don't necessarily have to leave Canada without your child. There are circumstances that would allow you to take your child with you when you leave. If divorce is imminent, you should speak with a good family lawyer asap to begin sorting out custody of your child and other matters.

 

[CarrieK]

Also I would contact your consulate

 

[WorkerInCanada123]

What is your citizenship? I would presume your child also has that citizenship too (by descent)? Is moving back to your home country with your daughter an option? You don't have to leave your daughter behind.

Like others have said, the alternative is to apply for PR through a different program (if you wish to remain in Canada).

I would recommend consulting an immigration lawyer to discuss your options.

 

[joes]

Hello, my husband is Canadian citizen and my sponsor. We have a baby together who is a year old. After a fight about him drinking too much he told me that he wants to divorce me. My application for PR is still in process after 14 months. I am scared to have to leave Canada and leave my daughter behind. Please help! She was born here in Canada. What are my options I am still in shock as it came pretty much out of the blue so to say.

I'm very sorry to hear this and yes this is a really bad situation to be in.

If you are in a private area where your husband is monitoring any of your communications, I suggest you go to a place where he can't. Go to this website:

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/abuse.html

Canada has an extremely strict law regarding any sort of relationship abuse. If you are in Canada, your sponsor is actually financially responsible for you for a period of 3 years plus with a child involved, child support on top of that. The support and undertaking he had to sign when he sponsored you is a promise he made to the immigration. There are many places who will take you in if you're scared of what he could do, depending on your area.

I wish you well and hope the above link helps!

 

[scylla]

If you are in Canada, your sponsor is actually financially responsible for you for a period of 3 years plus with a child involved, child support on top of that. The support and undertaking he had to sign when he sponsored you is a promise he made to the immigration.

This is true - however the application hasn't been approved yet and she hasn't landed and become a PR. So as of now, none of the obligations related to sponsorship are in place.

 

[canuck_in_uk]

What is your citizenship? I would presume your child also has that citizenship too (by descent)? Is moving back to your home country with your daughter an option? You don't have to leave your daughter behind.

The issue is that she can't remove the child from Canada without full custody from the courts or the father's permission.

 

[canuck_in_uk]

I'm very sorry to hear this and yes this is a really bad situation to be in.

If you are in a private area where your husband is monitoring any of your communications, I suggest you go to a place where he can't. Go to this website:

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/abuse.html

Canada has an extremely strict law regarding any sort of relationship abuse. If you are in Canada, your sponsor is actually financially responsible for you for a period of 3 years plus with a child involved, child support on top of that. The support and undertaking he had to sign when he sponsored you is a promise he made to the immigration. There are many places who will take you in if you're scared of what he could do, depending on your area.

I wish you well and hope the above link helps!

OP is not yet a PR and the situation she has described is not abuse.