Spousal Sponsorship / Divorce

[mm1966]

My wife is a Canadian Citizen and we got married in July 2011. She sent a sponsorship application for my PR. She is 05 months pregnant right now and decided that the relationship cannot work anymore. We have been separated since November 2011 and the application has not been processed yet. She filed for divorce this week and the divorce shoud come through in November 2012. How will this affect my status here? Anyway I could be able to stay to provide for this newborn child? The divorce papers only state the "Divorce" itself and request for Child Support. However, my work visa expires in May. The baby is due in April. And as far as I know the only reason I would still have a status here was because of her sponsorship. We had also applied for a work visa together with the PR application.

Please let me know as soon as possible as I have to find other alternatives to stay so I can provide for this newborn child.

[CharlieD10]

You are now ineligible to remain in Canada as a family class applicant, as you or your wife MUST inform CIC regarding the breakdown and severance of your spousal relationship, if you have not already done so.  Not to do so constitutes misrepresentation, and could see you banned from Canada, which is the opposite of what you are trying to achieve.

You will need to find alternate means of remaining, if you qualify for these.  If your current employer is willing, perhaps they can obtain an LMO when your current work visa expires, and be able to hire you.  Or you could seek to remain as a worker under a Skilled Worker category, if applicable.

Be advised that the fact that your wife is pregnant and will give birth to your child gives you no rights to remain in Canada.