American mom in Canada (apartment complexes, attorney, high school)

[CalliopeJones]

Hello
I am an American visiting Canada, hoping to reside here permanently, and my situation is complicated. I was wondering if anyone knows anything that could help me go about my next steps

I am currently going through a divorce with another US citizen. He and I both were expecting to have it over by now, as the divorce is largely amicable.

I am currently living with my Canadian partner. I am pregnant with his child, there is no question as to who the father is. I have been a visitor here in Ontario for five months, and now it looks as though the divorce won't go through, due to some archaic by-laws in Wisconsin, until the middle of May.

We were (naively) assuming the divorce would be over and I could start my applications for temporary residency and permanent residency before my visit was up. It shouldn't be too much of a problem, I can cross the border, and come back again as a visitor, except that if the divorce hasn't gone through, it may be difficult, even with the permission of my husband, to bring all three of my children across the border again.

I have three children, plus our baby is due at the end of April. Only one of my children is the biological child of my husband, though two are legally his, at the moment.

being so far away from the court, I am having a hard time getting all the pertinent paperwork, and am being thwarted by the circular phone calls at every turn. This should seem easily rectifiable... just move back to the states until the divorce is through... but my husband has yet to start paying child support, and for a number of months after leaving him (without asking anything with) i was unable to get a job. I have spent the last seven years as a housewife, and am currently 24 yrs old.
I have no schooling beyond high school and no special work abilities. it seemed a good idea at the time to move here because my partner's family is very supportive.

Another problem, though, is that shortly after I got here, my partner was laid off his job, and has been unable to find another, despite desperate attempts at searching, every day, for a number of months. he has applied everywhere, including gas stations, restaurants, cruise liners, apartment complexes, ... everywhere.

I cannot work here until I can apply for status, I can't afford to move back to the states, and I am not sure what help is available to me in this desperate time that won't mess up my application process.

Does anyone have any helpful advice they can give? Any thoughts, comments, and effort are appreciated more than you can know

Thank you very much
Sincerely,

Calliope Jones

[Cornerguy1]

Well it certainly seems like you have more than a couple of obstacles in your path.

All Canadian immigration information is available HERE. The web site has a toll-free contact telephone number which can be very useful for those who need answers to unique questions.

I'd say you have 2 areas of concern: your present marriage and children in Wisconsin; and your wish to immigrate to Canada.

Based on what you said about your skills and education, the only category you're likely to qualify under as a potential immigrant to Canada will the Family class. The problem, of course, is that you don't qualify as a spouse because you're not married to your Canadian partner, and you don't qualify as a common-law partner because you have not established a continuous 12-month living relationship.

You could either wait until you meet the 12-month threshhold, or you could choose to get married to your Canadian partner once your US divorce becomes final. Either way, be aware that to marry in Ontario you will need to retain an Ontario attorney to review and approve your US divorce as being legal before an Ontario marriage licence will be issued. Count on it taking at least a month from the time you submit your attorney's opinion to the Registrar's Office until the time they grant approval for a licence.

There are provisions for the granting of Temporary Work permits to persons who apply for PR status from within Canada, but your PR application must reach a certain point in the approval process before you're eligible for a work permit. There are also several other factors included in the gaining of a work permit, chiefly the necessity of having your prospective employer provide a Human Resources and Development Canada approval for the hiring of a foreign worker for that position. It may be very difficult to find an employer willing to jump through those hoops to fill the lower-end positions you likely qualify for.

An essential part of the PR application is your spouse agreeing to be your sponsor and satisfying Citizenship and Immigration Canada that he can financially guarantee you will not become a burden on the Canadian social support system for the forseeable future. You say your partner is currently without work, so this may prove to a large stumbling block.


Additionally, you're in the middle of a US divorce which involves the custody of children. You may find that the conditions of your divorce, when it's finalized, will prevent you from bringing your children to Canada. Many states have enacted mandatory movement restrictions on custodial parents.

In order to bring any of your children to Canada, even to visit, you require the approval of the other parent or legal guardian. At the least, this should be in the form of a notarized statement.

You may not want hear it, but your best course of action is to get your domestic situation in the US straightened out before embarking on the lengthy process of a Permament Resident's application.