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Hi.
I was married to my husband and had waited over 2 years for our application to be completed.
I had withdrawn my sponsorship prior because the relationship wasn’t working. We ended up having a daughter a year ago. My withdrawal was approved and I am unsure of my husband status. I also find out he is engaged while we’re separated. I don’t know where he is but he would contact me stating that he is waiting for a work permit and his permanent residence and that his new partner is not obligated to help me financially for my child. Family law does not have much information in immigration laws and I can’t afford an immigration lawyer at this time. I am unsure of what to do and if he can even apply for a new sponsorship application while still married to me we only separated for a month now. Please advise

A new partner can sponsor him for PR if they are common law OR married. To get married to someone else, obviously the two of you would need to get legally divorced first. To be common law, he and his new partner will need to live together continuously for at least one full year first (they can be common law even if he is still married to you).
 
Thank you for your response. Wouldn’t IRCC flag that relationship as fraud considering, my sponsorship was withdrawn and he is trying to gain some form of status?
 
Thank you for your response. Wouldn’t IRCC flag that relationship as fraud considering, my sponsorship was withdrawn and he is trying to gain some form of status?

Not necessarily. They will look at the application more closely. But if they provide sufficient evidence that the relationship is genuine, it's very possible for the application to be approved. They will most likely need to live together for a full year continuously before his new partner can sponsor him. If they do this then they will likely have quite a bit of evidence that the relationship is genuine. But ultimately up to IRCC to decide.

It's hard to comment on his status right now without knowing more details. For example, did he receive an open work permit through your sponsorship? What was his status in Canada at the time you applied to sponsor him? etc.

I think it's 100% accurate to say that his new partner has no obligations to support you financially. It's not their child. The obligation to support the child financially is with your ex.
 
He has no status.
Never received a work permit either.
our application was done during the pandemic .. so it was a very slow process. It started in Mississauga and then it went to Etobicoke and then it went to Hamilton and this was all during two years. I was approved to be his sponsor, but for some reasonthe application was sent to Etobicoke for further review and then we were requested to send documentation to prove our relationship and then sent to Hamilton for an interview. I withdrew my sponsor due to a relationship breakdown during this time and it was approved. He does not have any form of status here.
 
He has no status.
Never received a work permit either.
our application was done during the pandemic .. so it was a very slow process. It started in Mississauga and then it went to Etobicoke and then it went to Hamilton and this was all during two years. I was approved to be his sponsor, but for some reasonthe application was sent to Etobicoke for further review and then we were requested to send documentation to prove our relationship and then sent to Hamilton for an interview. I withdrew my sponsor due to a relationship breakdown during this time and it was approved. He does not have any form of status here.

OK - then he's definitely out of status.

If you have only been separated (i.e. not living together) for a month, then it's going to be a long time (most likely well over a year and more like 2+ years) before he has the ability to work again in Canada.
 
Thank you.
Yeah he never received a work permit. He came on visiting , we got married and he stayed since
 
You have to ask yourself why you even care, now.

You could always report him to CBSA and they may or may not take any action. If he is deported, would that really add value to your life? What about your daughter's life? Does she see her father and, if so, would she be impacted if he was no longer able to see her?

Also, if he is paying any amount of support for your daughter, what would happen if he was `kicked out' of Canada and was unable (or unwilling) to send you anything?!

Sometimes we just have to move on; giving thanks that we made the choice(s) to take control!
 
My name Rohan Tamang
waibarohan45@gmail.com
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