temporary foreign worker gets pregnant

[Leon]

hi I'm just new in this forum, I am a resident in Canada and my husband cheated on me, in short he is now leaving with a girl who has a working permit status and expired on August 2012, she is now pregnant for a month or two, is there a way that she might extend her stay here in canada? PLEASE HELP

If she has a work permit valid until August 2012 and she has enough working hours, she will be able to get EI maternity benefits at least until then. If she goes back to work before her permit expires and the employer applies to extend it, she can continue working. If she doesn't go back to work, she can apply to change her status to visitor. Your husband can sponsor her for PR once they have lived together for 1 year even if you are not officially divorced yet at that time.

 

[hotel]

thank you very much for giving me time, I think she will give birth on August and her working permit expires on august too. she is staying here as a contract worker for two years already, if she give birth is she still entitled for the Alberta health care or pay for her own delivery. thanks

 

[Leon]

thank you very much for giving me time, I think she will give birth on August and her working permit expires on august too. she is staying here as a contract worker for two years already, if she give birth is she still entitled for the Alberta health care or pay for her own delivery. thanks

AB health has been very kind to partners of Canadians. I remember a woman who was on this forum who was in a similar situation, Canadian partner, work permit expiring while pregnant and she said she was told that she could change her status to visitor and still receive EI maternity benefits and keep her AB health. AB health will even cover partners who arrive in Canada on a visitor status if they are being sponsored.

 

[hotel]

after giving birth, can she still continue staying here in Canada? I will not be shy anymore coz I really dont know what to do. That TFW is a mistress of my husband and they had this relationship for 2 yrs already and only this time that she gets pregnant, me and my husband is not divorce yet because I keep on reminding them to file the divorce but my husband keeps on delaying it. I don't want the MISTRESS to stay here in Canada anymore I thought now that she's pregnant I have a very strong evidence to file a complain in immigration for her to exile in the Philippines.

 

[Leon]

If she applies to change her status to visitor with the plans of qualifying as common law partners and get sponsored by your husband, it is very likely that it will be approved and she will be allowed to stay. There is no law in Canada against getting pregnant while on a work permit or having an affair with a married man so you have really no grounds in getting her deported.

I think it is in your best interest in this case to move on and forget about them. Trying to get this woman deported will not bring your husband back or undo what has happened.

 

[hotel]

i really appreciate your help, so even if we were not divorce yet, my husband can apply her or sponsor her under a common law partner?
how long will it take for her to apply as a visitor when her working permit will end on August 2012? as a wife for sure it is very hard for me because my kids are so young and leaving us because of her but you're right, even if I will do all my best to send her home things wont change my husband will not come back. BEFORE I AM VERY EAGER TO GO TO IMMIGRATION AND FILE A COMPLAINT AGAINTS HER BECAUSE SHE RUINED MY CHILDRENS LIFE BUT IN THE LONG RUN, I WILL JUST LET THEM LEAVE TOGETHER BECAUSE THERE IS NO SENSE IN GETTING BACK MY HUSBAND WITH US.

 

[Leon]

Right, it is sad that your husband has chosen to leave you and your children but there is no law against it and there is nothing you can do about it. As for the woman, unless she forcefully kidnapped your husband, she also did not break any law and there is no point in reporting her to immigration for it.

If your husband can prove when he moved out (separated) from you and moved in with her, they will let him sponsor her once they have been living together for one year. She can send in her request to change her status to visitor a month before her work permit expires and it will most likely be approved if she states that she is about to or has just had a baby and is in a common law relationship waiting for her common law partner to be able to sponsor her. She will probably get another 6 months to stay and then they will see if he sponsors her or not.

Of course it is possible that she messes it up and doesn't apply for anything and stays on illegally. If she were to do that, she could get deported but it doesn't make sense for you sitting around hoping for that to happen.

 

[hotel]

It's very hard to accept the fact that I can't do anything with this situation, I'm not only concerned that she got pregnant but I want to know my rights and my children's rights with regards to this situation. To tell you the truth the girl is leaving with my husband in our own house, I allow this to happen because I'm working at night and nobody will look after my kids, before I thought i can stand what is happening but I'm mistaken. I asked them to leave us but my husband refuse.

*** Their relationship is going on for 2 yrs already, but leaving with us is almost a year already. Can i already declare myself as separated? do i need any papers to prove that?

*** There is no other way to file any complaints againts the girl?
*** who will apply for her as a visitor?
*** If my husband will not apply her for sponsorship, can she still stay in Canada? are they qualified for a common law even if we live
in the same address?

Thank you,

 

[Leon]

I see the situation is more complicated than I had thought. It is not like he has left you for another woman, he has brought the other woman in to live with you.

The situation now depends on what you want and what he wants. If you want a divorce, you can probably force them out of the home and keep at least half of the assets as well as get child support from him and possibly alimony. If that is what you want, you should talk to a lawyer. He can not fight a divorce if you want it. You would however have to find a solution to your babysitting problems.

If you do not want a divorce, he could force it but it doesn't sound like he would want to because he would probably be on the losing end of it. He would then have to support two homes while he is now probably very happy to have 2 women in the same house. This makes it very difficult for him to sponsor his girlfriend though. If he tries to say that he is separated but not divorced and that they are living as common law, you can contest that and say that you are not separated as you are still living together and that will make it impossible for him to qualify as the common law of the girlfriend. Canada only allows you to have one partner, not 2 or more. If he is unable to sponsor her, she might eventually have to leave.

If he chooses to stay with you and she leaves, then it is up to you if you still want him. You have to be the one to say if you feel like you can ever trust him again.

 

[hotel]

Hi I know it is really complicated, actually when i knew that she was pregnant I really want to file a complain againts her it's either on her employer or the immigration, because of the fact that my husband wont leave us until maybe he will be forced, it's not that I still love him or I am still hoping that he will be back, it's because according to him he loves his children and doesn't want to stay away from them. I told him if that is the reason he didn't even think to do this thing, so my point is can you please advice me on what to do for the girl to force my husband to leave us.

And please do help me too for this following querries...

> if she would apply as a visitor visa and after that still my husband wont apply her for sponsorship what will happened?
> how long will be the extension?
> She is working as a waitress in a hotel restaurant , in your own opinion or experience about this situation is there a possibilty that her employer will fire her?
> If she will not wait for her working permit to end up and apply for a new job and get an LMO and working permit, i it possible that she might be approve, what if lately her employer will find out that she is abbout to give birth can he remployer revoke her permit?
> IJust in case she could apply for a visitor visa, as an extension of her stay and again they dont want to leave the house can i not file any complain againts her?
>

 

[Leon]

> if she would apply as a visitor visa and after that still my husband wont apply her for sponsorship what will happened?

If her visitor visa is approved, she might get another 6 months but after that, if she tries to extend again, still no sponsorship in sight, they would probably say no.

> how long will be the extension?

If they give her an extension at all, it will probably be 6 months.

> She is working as a waitress in a hotel restaurant , in your own opinion or experience about this situation is there a possibilty that her employer will fire her?

I don't even think the employer is allowed to fire her if she is pregnant. If she has worked for 600 hours or more, she can get EI maternity benefits.

> If she will not wait for her working permit to end up and apply for a new job and get an LMO and working permit, i it possible that she might be approve, what if lately her employer will find out that she is abbout to give birth can he remployer revoke her permit?

I don't think the employer can fire someone who is pregnant. Is she thinking about changing her job?

> IJust in case she could apply for a visitor visa, as an extension of her stay and again they dont want to leave the house can i not file any complain againts her?

If you really want her out of the house, I am sure you can kick her out. She is not paying rent so she has no rights. You can try talking to the police and tell them you want this woman to leave and ask them if they can help. If they say no, domestic matter, then you must go to a lawyer and force the woman out and force the divorce. If you can not afford a lawyer, you can try legal aid. However, you would have to find another way to solve your babysitting problem as you say, you work nights and they take care of your kids.

 

[hotel]

I'm sorry for just replying now because I talked with them to sort things out but it didn't work.
Please help me with this following topics.

1. according to you as long as they moved out even if were not divorced yet my husband can sponsor her, now the problem is since we are not divorced yet is there a possibility that once the sponsorship was granted for the girl and time will come she realized that she doesn't really love my husband and left him, is there any chance that my husband might be back, because as of now I can see that he wants to play safe in case the girl will leave her, she can still be back with us.WHICH IS VERY UNFAIR ON MY PART.

2. I would like to apply a change of marital status to separated, is that possible? because this coming filing of taxes I don't want him to be involved with me anymore. IS THAT POSSIBLE BECAUSE WERE STILL LEAVING IN THE SAME ADDRESS, BUT WE ARE ALREADY SEPARATED ALMOST 2 YRS FROM NOW. HOW CAN CRA BELIEVE ME?

 

[Leon]

Who did you talk to to sort things out? Did you go to the police and ask them if you can kick this girl out of your house?

1. If they moved out, even if you don't divorce, he can sponsor her as his common law. It may well be that he is checking to see if she will stay with him and then comes back to you. You know, he will be liable to pay child support for their child as well as if she goes on welfare, if he has sponsored her, he will have to pay it back to the government. He is responsible for her for 3 years if he sponsors her. Divorced or not, you do not have to take him back if he wants to come back.

2. If you want a divorce, you should see a lawyer and talk about what you can do. The lawyer can tell you for sure if you can kick them out of your house or if it would be better that you look for another place to live for you and your kids. The lawyer can help you apply for child support, alimony and all that. I do not know if you can claim separation while you were living in the same house. It is possible but that is why you need a lawyer who can tell you that for sure. If you do claim that you are separated but living in the same house and this is accepted, he will not need to leave your house to sponsor the girl because if it is accepted that you can live in the same house and be separated, he can also say that he is living with her there as his common law.

It seems that you have let yourself be walked all over by your husband. Sure he thinks he can continue to do so. It is up to you to show him that he can't.

 

[thart]

hi everyone! i have some issues which needs some answers.here's the story, I am 2 months pregnant now and my fiancé lives in toronto while i live here in montreal. We often see and visited each other every month. So when we knew that I got pregnant we are planning to get married as soon as possible. but the thing is I am still on TWP(temporary working permit) and he's the only one who's a permanent resident there in toronto but only for 4 months now (coz he just landed there as immigrant last august 2011). while i as a TWP been working for my employer for almost 13 months now. actually we've been sweethearts ever since we're in our home country for almost 3 years and now that i am pregnant and we're both here in canada, there are certain issues that i am very concerned with.

Q: Can i be able to take the benefits of maternity leave even if i still didn't finish my contract yet? since i am still on TWP.

Q: If my fiancé and i get married can he sponsor me right after even if we don't live together, coz i am here in montreal and he's in toronto? (my job is here in montreal so i couldn't leave right away because it's hard to get a job now a days and if my work permit expires i wouldn't be able to stay in canada that my fiancé and i wouldn't have the chance to be together again if that happens.)

Q: if ever he sponsor me under family category but got refused would his status also be in danger?


thanks so much to whoever answers my queries. it's just that we wanted to be together again and make our happy family together.

 

[Leon]

You can get maternity leave even if you did not finish your contract yet. You need to have worked 600 hours in the previous one year and you would get 55% of your wages on your mat. leave. You can take 15 weeks mat. leave and 35 weeks parental leave.

I see no reason why your boyfriend can't sponsor you if you marry even if you do not live together. You have a chance of applying outland or inland. Outland is faster but could cause you to have to go to your home country if there is an interview. If you apply inland and apply for an open work permit at the same time, the average time to get it is now 11-12 months.

I don't know when your work permit expires but before it expires, if you are on maternity leave, you can apply to change your status to visitor in order to stay in Canada. If you are married and are being sponsored for PR, they will almost always allow you to stay.

Your boyfriend does not risk his status by sponsoring you. If you are refused, nothing will change for him.