You may be sponsored as the common-law partner of your Canadian partner if you cannot obtain a divorce from your husband. You will need to establish one year's (12 months) continuous cohabitation in order to qualify.
Custody of your children is between you and your ex, and if he does not wish to go through a court proceeding to establish custody, then you still need something in writing, preferably attested by a notary or some such person, that he is willing to allow the children to emigrate.
Hi! I'm also in visitor's visa in Montreal, Quebec and in the same situation with Ms. Quebec_visitor, I want to know your lawyers in Quebec who process your divorce paper who could help me file my divorce in Canada and to prepare my sponsorship as common-law partner. Hoping you could help me by sending me your lawyer's NAME, ADDRESS AND CONTACT NUMBER. Thank you so much!