Unsure what to do. Nervous and scared to leave Canada

[helpneeded101]

So here is my story. I came to Canada in 2014 under the spousal portal from the United States. Our daughter was born in Canada in 2015. She is a Canadian citizen. After coming into Canada I received my first work permit and started the PR process. Unfortunately shortly after her birth my ex wife started to have severe mental health and substance abuse issues. This lead to PR getting delayed as I couldn't get the paperwork done without her help and support, as well as some anxiety issues on my part not knowing if staying in Canada is what I wanted. I went though with a renewal on my work permit in 2017 and I finally we submitted the PR paper work in 2018 and eventually had the meeting setup with immigration to finalize my PR. Unfortunately my ex was in rehab and we kept pushing the meeting back.

When she finally came back to Canada she decided she didn't want to stay married and pulled her sponsorship sometime in 2019, which left me on a work permit until sometime in 2020. Unfortunately COVID hit and between waiting to finalize our divorce and deal with the covid stress and anxiety I never renewed or reapplied for status. Through this time our divorce was granted and I have sole custody and our daughter has not seen her mother since 2019 or so. I honestly don't even know where she is.

Since my status expired I'm terrified to leave Canada. This is the only home she knows and I know I majorly screwed up. But I've had this paralysis in dealing with the issue. Unfortunately now I need to do something. I'm having a family emergency in the states and need to travel, and i'm not sure what to expect after I leave the country and try to re-enter. Should I apply for something before leaving or try to claim asylum when returning? Everything I own and my entire life is in Canada. I've never worked while here or broken any laws other than overstaying I suppose. What should I do?

 

[canuck78]

So here is my story. I came to Canada in 2014 under the spousal portal from the United States. Our daughter was born in Canada in 2015. She is a Canadian citizen. After coming into Canada I received my first work permit and started the PR process. Unfortunately shortly after her birth my ex wife started to have severe mental health and substance abuse issues. This lead to PR getting delayed as I couldn't get the paperwork done without her help and support, as well as some anxiety issues on my part not knowing if staying in Canada is what I wanted. I went though with a renewal on my work permit in 2017 and I finally we submitted the PR paper work in 2018 and eventually had the meeting setup with immigration to finalize my PR. Unfortunately my ex was in rehab and we kept pushing the meeting back.

When she finally came back to Canada she decided she didn't want to stay married and pulled her sponsorship sometime in 2019, which left me on a work permit until sometime in 2020. Unfortunately COVID hit and between waiting to finalize our divorce and deal with the covid stress and anxiety I never renewed or reapplied for status. Through this time our divorce was granted and I have sole custody and our daughter has not seen her mother since 2019 or so. I honestly don't even know where she is.

Since my status expired I'm terrified to leave Canada. This is the only home she knows and I know I majorly screwed up. But I've had this paralysis in dealing with the issue. Unfortunately now I need to do something. I'm having a family emergency in the states and need to travel, and i'm not sure what to expect after I leave the country and try to re-enter. Should I apply for something before leaving or try to claim asylum when returning? Everything I own and my entire life is in Canada. I've never worked while here or broken any laws other than overstaying I suppose. What should I do?

How have you been supporting yourself for 5 years without working? Asylum definitely not an option and also a claim would get cancelled when you leave Canada. You can claim as H&C claim although far from guaranteed to be approved but processing time is around 2 years and does not prevent removal. If you leave Canada would expect that returning will likely not be possible. You have been living in Canada for 5 years without status which is a significant issue whether you leave Canada or not.

 

[helpneeded101]

I own a decent amount of bitcoin.

 

[canuck78]

I own a decent amount of bitcoin.

Still doesn’t solve your issue but proving you didn’t work illegally is better than working illegally. If you go to the US you need to plan as if you will be unable to return.

 

[scylla]

So here is my story. I came to Canada in 2014 under the spousal portal from the United States. Our daughter was born in Canada in 2015. She is a Canadian citizen. After coming into Canada I received my first work permit and started the PR process. Unfortunately shortly after her birth my ex wife started to have severe mental health and substance abuse issues. This lead to PR getting delayed as I couldn't get the paperwork done without her help and support, as well as some anxiety issues on my part not knowing if staying in Canada is what I wanted. I went though with a renewal on my work permit in 2017 and I finally we submitted the PR paper work in 2018 and eventually had the meeting setup with immigration to finalize my PR. Unfortunately my ex was in rehab and we kept pushing the meeting back.

When she finally came back to Canada she decided she didn't want to stay married and pulled her sponsorship sometime in 2019, which left me on a work permit until sometime in 2020. Unfortunately COVID hit and between waiting to finalize our divorce and deal with the covid stress and anxiety I never renewed or reapplied for status. Through this time our divorce was granted and I have sole custody and our daughter has not seen her mother since 2019 or so. I honestly don't even know where she is.

Since my status expired I'm terrified to leave Canada. This is the only home she knows and I know I majorly screwed up. But I've had this paralysis in dealing with the issue. Unfortunately now I need to do something. I'm having a family emergency in the states and need to travel, and i'm not sure what to expect after I leave the country and try to re-enter. Should I apply for something before leaving or try to claim asylum when returning? Everything I own and my entire life is in Canada. I've never worked while here or broken any laws other than overstaying I suppose. What should I do?

What country are you from?

If you leave, you should expect you may have challenges re-entering. That's the reality you need to face.

An asylum claim is not the way to go and will only make your situation worse.

 

[scylla]

So here is my story. I came to Canada in 2014 under the spousal portal from the United States. Our daughter was born in Canada in 2015. She is a Canadian citizen. After coming into Canada I received my first work permit and started the PR process. Unfortunately shortly after her birth my ex wife started to have severe mental health and substance abuse issues. This lead to PR getting delayed as I couldn't get the paperwork done without her help and support, as well as some anxiety issues on my part not knowing if staying in Canada is what I wanted. I went though with a renewal on my work permit in 2017 and I finally we submitted the PR paper work in 2018 and eventually had the meeting setup with immigration to finalize my PR. Unfortunately my ex was in rehab and we kept pushing the meeting back.

When she finally came back to Canada she decided she didn't want to stay married and pulled her sponsorship sometime in 2019, which left me on a work permit until sometime in 2020. Unfortunately COVID hit and between waiting to finalize our divorce and deal with the covid stress and anxiety I never renewed or reapplied for status. Through this time our divorce was granted and I have sole custody and our daughter has not seen her mother since 2019 or so. I honestly don't even know where she is.

Since my status expired I'm terrified to leave Canada. This is the only home she knows and I know I majorly screwed up. But I've had this paralysis in dealing with the issue. Unfortunately now I need to do something. I'm having a family emergency in the states and need to travel, and i'm not sure what to expect after I leave the country and try to re-enter. Should I apply for something before leaving or try to claim asylum when returning? Everything I own and my entire life is in Canada. I've never worked while here or broken any laws other than overstaying I suppose. What should I do?

Ultimately the very limited number of options you have require you to remain in Canada without leaving. If you leave, then you should expect there may be a high chance you won't be able to return for an extended period of time given the overstay.