No status with child

[amun]

Someone I know may be an illegal immigrant living in Canada, who is married to a Canadian citizen and has a child on the way.  Unsure as to whether the spouse is willing to sponsor and would like to know if there are any options available without needing the spouse if this happens to become necessary..........?  Person is of working age and good health and would start a business in this country and be able to create jobs if granted status but most importantly would like to be able to live close to their child if the relationship diminishes as the home country is extremely far away and it would be heart breaking if they were deported and unable to ever see their child.

Furthermore if the spouse was in fact willing to sponsor theoretically what problems may arise from a substantial overstay from the 6 month period they were initially granted.

If any more anonymous type information is required in terms of case specific details let me know just fishing for possibilities at this point for all I know the spouse may decide to begin the sponsorship just around the corner but we shall see.

[canadianwoman]

Your friend can apply to extend her stay past the 6 months.
If her husband does not want to sponsor her, she may have to leave Canada. But that does not necessarily mean she will be separated from her child. If she is here without papers, then she will have to pay for her health care, and the costs for a delivery can be $10,000 or more. She could go back to her home country to give birth. If there was a marriage breakdown, custody would not automatically be given to the Canadian spouse. (Though is it the wife who is the foreigner?)
Your friend could also try to immigrate to Canada on her own. She could apply as an investor or under the entrepreneur class, since she wants to invest in Canada anyway.

[amun]

Ok yes so one obvious flaw in my information I understand is that the mother is the Canadian citizen.  The father is illegal.  Investor visas are also expensive and tricky from my knowledge?  Not sure if putting down 50 to 100 thousand would be an option for this person currently.  The business would be a legal service, very little overheads just a lot of paperwork and income potential.

And to be compleatly honest I'm not so sure Canadian Immigration would be interested in extending a visitor visa when someones been illegal for so long, sort of like beating a dead horse to try and squeeze out another 6 months right?

Looking for maybe something more perminant and maybe more family class based on the fact that there is a child involved which is the main reason for immigration.  I know that whether the marriage works out or not the mother would be willing to help its just the spousal sponsorship might be a stretch in terms of 'helping'.  Isnt there anything that could be done for fathers that have canadian children who want to live in the same country?

[MandyUK]

Ok yes so one obvious flaw in my information I understand is that the mother is the Canadian citizen.  The father is illegal.  Investor visas are also expensive and tricky from my knowledge?  Not sure if putting down 50 to 100 thousand would be an option for this person currently.  The business would be a legal service, very little overheads just a lot of paperwork and income potential.

And to be compleatly honest I'm not so sure Canadian Immigration would be interested in extending a visitor visa when someones been illegal for so long, sort of like beating a dead horse to try and squeeze out another 6 months right?

Looking for maybe something more perminant and maybe more family class based on the fact that there is a child involved which is the main reason for immigration.  I know that whether the marriage works out or not the mother would be willing to help its just the spousal sponsorship might be a stretch in terms of 'helping'.  Isnt there anything that could be done for fathers that have canadian children who want to live in the same country?

not sure if this is any help but this is from the CIC website Spouses, partners and dependent children

If I have overstayed my visa or visitor record or if I have been working or studying without a permit, can I apply for permanent residence under the Spouse or Common-law Partner in Canada Class? If yes, how do I apply?

Yes. You can apply for permanent residence under a public policy that creates exceptions to the Spouse or Common-law Partner in Canada Class, if you are still in Canada. You can download the application kit, or order it by contacting the Citizenship and Immigration Canada (CIC) Call Centre, toll free at 1 888 242-2100 (from within Canada only). CIC will mail the application kit to you—delivery takes about two weeks.

The application kit contains everything you will need, including the sponsorship application that your spouse or partner must fill out.
Taken from this page on their site. http://www.cic.gc.ca/english/information/faq/immigrate/sponsor/spouse-faq02.asp

[canadianwoman]

Why doesn't the wife want to sponsor her husband? Does she want him to leave her and the child? Maybe try explaining to her that if she does not sponsor her husband, he will have to leave, and if he leaves, he will not be able to help with the child. Unless he is abusive, the child will be better off with both parents in his or her life.
The child can only sponsor the father once he or she turns 18. If the other immigrant options are not available to the father, the only way for him to stay legally is to be sponsored by his wife.

[AllisonVSC]

"Looking for maybe something more perminant and maybe more family class based on the fact that there is a child involved which is the main reason for immigration.  I know that whether the marriage works out or not the mother would be willing to help its just the spousal sponsorship might be a stretch in terms of 'helping'. Isnt there anything that could be done for fathers that have canadian children who want to live in the same country?"

If they are looking at something more "family based" then spousal sponsorship seems at this point the only option. If the mother is willing to help but not sponsor, maybe the concern is that 3 year obligation of supporting the spouse? In fact, the issue of support only arises if the sponsored spouse needs to go on welfare during those first three years. The sponsor would have to repay the cost of that welfare assistance; sponsorship would not obligate her to paying rent, food, etc for the sponsored spouse if the marriage were to break down.

[amun]

Definately no abuse involved in this situation.  More like a difference of personalities.

FYI the 3 year obligation is not an issue here as the mother knows full well the father has the ability to make well over 10 thousand a month in Canada if he had status and all he would need is a computer and a phone line to get started.

So I suppose that leaves this person in the same boat as they were before.  Cant stay unless their with the mother but not wanting to leave because of the baby.

Its not as though the relationship is compleatly dead theres just been some issues recently and some comments have been made by the mother that sound like their quite happy to be keeping the husband illegal so all cards are in their hands and the father has no rights.  This would ofcourse be more of a worst case scenario type thing but if there was a method of gaining status that wasnt a spousal sponsorship for a situation such as this which I dont believe would be all that un-common.  Maybe somewhat of a hole in the system?  I dont know.  Fathers shouldnt really have to wait untill after their child is 18 to be in their lives if a relationship ends.

Guess we just have to hope that the mother decides to help this person out or they may be going back home and back to square one.  This persons country is a very good country and theres no beneficial aspects (financial or safety) to living in Canada other than being able to live close to their only child.