No legal status - married to Canadian

[Fool]

Hi, I arrived in Canada as a student then on work permit. I was immediately in common law with a Canadian who had criminal record. We have a child together who is also a Canadian citizen.
Child’s dad and I separated for a while for domestic violence. He spent over 3 years in jail for my charges and his ex wife’s charges.
While we were separated , I applied for PR under humanitarian assistance.
It’s been over two years and no update kn that file.
My work permit expired in the mean time and I have no legal status.
My child’s father was worried that I’ll have to leave the country, so he insisted we marry to provide best for our child.
It’s been two years since I applied for humanitarian pr. Shall I wait for the decision or withdraw and file pr under spousal?

 

[Buletruck]

Hi, I arrived in Canada as a student then on work permit. I was immediately in common law with a Canadian who had criminal record. We have a child together who is also a Canadian citizen.
Child’s dad and I separated for a while for domestic violence. He spent over 3 years in jail for my charges and his ex wife’s charges.
While we were separated , I applied for PR under humanitarian assistance.
It’s been over two years and no update kn that file.
My work permit expired in the mean time and I have no legal status.
My child’s father was worried that I’ll have to leave the country, so he insisted we marry to provide best for our child.
It’s been two years since I applied for humanitarian pr. Shall I wait for the decision or withdraw and file pr under spousal?

Your ex, partner,spouse may not be eligible to sponsor you (or anyone else) due to his conviction(s) for domestic violence. You'll want to check with a good immigration lawyer before you cancel any current applications.

 

[canuck78]

Hi, I arrived in Canada as a student then on work permit. I was immediately in common law with a Canadian who had criminal record. We have a child together who is also a Canadian citizen.
Child’s dad and I separated for a while for domestic violence. He spent over 3 years in jail for my charges and his ex wife’s charges.
While we were separated , I applied for PR under humanitarian assistance.
It’s been over two years and no update kn that file.
My work permit expired in the mean time and I have no legal status.
My child’s father was worried that I’ll have to leave the country, so he insisted we marry to provide best for our child.
It’s been two years since I applied for humanitarian pr. Shall I wait for the decision or withdraw and file pr under spousal?

It’s also unclear whether you are in fact in a relationship. Do you or he have any conditions preventing you from living together? The fact that you filed for H&C based on domestic violence and now you are considering applying for spousal sponsorship could raise some red flags. Also you couldn’t be immediately in a common law relationship you have to have lived together for 1 continuous year to be considered common law. This man has been jailed for committing domestic violence against multiple partners do you really want to risk marrying him and living with him again?

 

[canuck78]

Your ex, partner,spouse may not be eligible to sponsor you (or anyone else) due to his conviction(s) for domestic violence. You'll want to check with a good immigration lawyer before you cancel any current applications.

Would also imagine there may be protection orders in place or parole conditions preventing living with your victim. PR is important but not sure it is worth risking my life and living with someone who abused me. Sadly to get jailed you are typically a repeat offender and there were serious injuries.