I am American and I was married to a Canadian. We had a daughter born in Canada.Do I have to leave?

[Loren2018]

I met and married a Canadian woman in Los Angeles where I am from. We became pregnant and decided to move to Canada to raise her. We are now going through a divorce. I still have an open work permit good until June of 2019. Will I be forced to leave after my work permit expires? Will I be torn from my own daughter? This keeps me up every night. I am employeed here, I pay taxes and have been living in Canada for 2 years outside of 7 months when I went back home after my wife asked for a divorce. I have limited resources or I would hire an attorney. Any information would help!

Thank you,

Loren

 

[canuck_in_uk]

I met and married a Canadian woman in Los Angeles where I am from. We became pregnant and decided to move to Canada to raise her. We are now going through a divorce. I still have an open work permit good until June of 2019. Will I be forced to leave after my work permit expires? Will I be torn from my own daughter? This keeps me up every night. I am employeed here, I pay taxes and have been living in Canada for 2 years outside of 7 months when I went back home after my wife asked for a divorce. I have limited resources or I would hire an attorney. Any information would help!

Thank you,

Loren

Is your OWP from an inland sponsorship app? If so, has your wife withdrawn the app?

Having a Canadian child does not allow you to live in Canada. If you are unable to qualify to immigrate on your own, you will have to leave. You and your ex will have to sort out the custody arrangements.

 

[zardoz]

I met and married a Canadian woman in Los Angeles where I am from. We became pregnant and decided to move to Canada to raise her. We are now going through a divorce. I still have an open work permit good until June of 2019. Will I be forced to leave after my work permit expires? Will I be torn from my own daughter? This keeps me up every night. I am employeed here, I pay taxes and have been living in Canada for 2 years outside of 7 months when I went back home after my wife asked for a divorce. I have limited resources or I would hire an attorney. Any information would help!

Thank you,

Loren

Essentially, yes, you will have to return home to the USA. You have no "inherited" status from your Canadian child.
Your best bet is to work towards becoming a Canadian Permanent Resident via an economic immigration class, now that Family Class is closed to you.

 

[Loren2018]

Is your OWP from an inland sponsorship app? If so, has your wife withdrawn the app?

Having a Canadian child does not allow you to live in Canada. If you are unable to qualify to immigrate on your own, you will have to leave. You and your ex will have to sort out the custody arrangements.

Yes she did...withdraw it that is. So the Canadian government has no problem tearing apart families? wow.

 

[Loren2018]

I only came to Canada because I would be able to become a citizen via my wife. So I lose my marriage and also my child. How is that a civilized arrangement? I'm sorry, I am just shocked that this could happen to someone in a country like Canada.

 

[canuck_in_uk]

Yes she did...withdraw it that is. So the Canadian government has no problem tearing apart families? wow.

The Canadian government is not tearing your family apart. The country does not, and should not ever, grant status to someone because they have a Canadian child. You chose to have a child with someone from another country. It is your responsibility to sort out the resulting issues with that situation, such as a shared custody agreement.

 

[Loren2018]

Do you have children Canuck?

 

[canuck_in_uk]

Do you have children Canuck?

Irrelevant and I don't share personal information unless I am asking for assistance.

 

[Loren2018]

Exactly.

 

[canuck78]

Do you have children Canuck?

If a Canadian child was all that was required to stay in Canada it would unfortunately encourage people to have a child just to stay in Canada. It sounds extreme but it would certainly happen. That is why parents are not guaranteed the ability to stay in Canada even if they have a Canadian child.

 

[canuck_in_uk]

Exactly.

Yeah, not psychic, so no idea what you are trying to say by that.

 

[zardoz]

I only came to Canada because I would be able to become a citizen via my wife. So I lose my marriage and also my child. How is that a civilized arrangement? I'm sorry, I am just shocked that this could happen to someone in a country like Canada.

Which are the countries that allow a parent to gain immigration status automatically because they have a citizen child?
You *may* have the option to apply for PR status via an H&C application on the basis of the "best interests of a child"...
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/humanitarian-compassionate-considerations.html

 

[Copingwithlife]

The Canadian government is not tearing your family apart. The country does not, and should not ever, grant status to someone because they have a Canadian child. You chose to have a child with someone from another country. It is your responsibility to sort out the resulting issues with that situation, such as a shared custody agreement.

If I could give this 100x thumbs up, I would

 

[scylla]

I met and married a Canadian woman in Los Angeles where I am from. We became pregnant and decided to move to Canada to raise her. We are now going through a divorce. I still have an open work permit good until June of 2019. Will I be forced to leave after my work permit expires? Will I be torn from my own daughter? This keeps me up every night. I am employeed here, I pay taxes and have been living in Canada for 2 years outside of 7 months when I went back home after my wife asked for a divorce. I have limited resources or I would hire an attorney. Any information would help!

Thank you,

Loren

As others have already explained, having a child in Canada does not give you the right to remain. So yes, as of now you would have to leave once your work permit expires. Your daughter will eventually be able to sponsor you for PR but not until she is a working adult - so this is not a short term solution to your situation.

One option would be to apply for PR under H&C. This is not a recommended option since refusal rates are very high and wait times are long. You'll also most likely end up in Canada for many months where you are unable to work, don't have access to the health care system and can't take advantage of any social assistance programs. So not a great option and one that has a very high chance of ending in refusal.

Best option would be to work to qualify for PR through one of Canada's economic immigration programs like Express Entry. You still have the better part of a year here which gives you lots of runway to apply (assuming you qualify). I would start by looking at the Express Entry program and calculating your points. Right now you need 440+ points to be selected out of the pool.

If that doesn't work out, then look into the Provincial Nominee Program next for the province where you are residing.

Good luck.

 

[Loren2018]

As others have already explained, having a child in Canada does not give you the right to remain. So yes, as of now you would have to leave once your work permit expires. Your daughter will eventually be able to sponsor you for PR but not until she is a working adult - so this is not a short term solution to your situation.

One option would be to apply for PR under H&C. This is not a recommended option since refusal rates are very high and wait times are long. You'll also most likely end up in Canada for many months where you are unable to work, don't have access to the health care system and can't take advantage of any social assistance programs. So not a great option and one that has a very high chance of ending in refusal.

Best option would be to work to qualify for PR through one of Canada's economic immigration programs like Express Entry. You still have the better part of a year here which gives you lots of runway to apply (assuming you qualify). I would start by looking at the Express Entry program and calculating your points. Right now you need 440+ points to be selected out of the pool.

If that doesn't work out, then look into the Provincial Nominee Program next for the province where you are residing.

Good luck.

Thank you for everyone’s reply. I could see that people have very strong opinions about this matter, which makes sense and I respect that. The reality is that I was here for two years with out of work permit, I received a work permit, open work permit in fact and I have been working for about a year. I have all ohip, a drivers license, etc. The point I’m trying to make has to do with perspective. Of course people would take advantage of the system often if having a child was enough to qualify for permanent residence. I do however want to point out the perspective of the family. My daughter is 2 1/2 years old, the most important years of her life developmental wise, I cherish her and only want to be in her life as she is innocent in this situation and deserves to have her father in her life. Being away from her until she’s an adult attempting to visit from the other side of another country is a horrific proposition and frankly heartbreaking. I’m not looking for sympathy here. I appreciate the information regarding options to obtain permanent residence... it’s just the reality of my situation I suppose and I know I’m not alone. I have created the online profile for express entry and should find out shortly whether or not I qualify. I decided to join the form in case other people have had my experience and perhaps were able to work through it.