Obtaining PR After Divorce with Canadian Spouse - Child in Canada

[MapleSyrup2k]

Is it at all possible, and if so are there any precedent examples, of someone obtaining PR through family class after separating from her Canadian spouse?

Here are the details:
- spouse and I separated and are filing for divorce
- spouse was sponsoring my PR but has withdrawn and cancelled his sponsorship application
- we have a 3 year old daughter who is dual citizen but lives with my ex in Canada
- I have no work visa, PR or any other way to legally work in Canada
- my ex is her primary guardian and a good father

My question is, can I get my PR because my daughter is Canadian and will live in Canada?

 

[MilesAway]

No. Your daughter will be able to sponsor you when she is at least 18 years, and meets the income requirements for the Parent and Grandparent program. Otherwise, having a Canadian child does not give you any special rights to becoming a PR.

 

[MapleSyrup2k]

Can I not argue my child needs me?

What other options do I have?

Can I apply under Humanitarian and Compassionate grounds?

 

[screech339]

Can I not argue my child needs me?

What other options do I have?

Can I apply under Humanitarian and Compassionate grounds?

You could apply for H&C when you are inside Canada. You cannot apply for H&C while living outside Canada. Having said that, it is very hard to get PR based on H&C when you even admit that your ex is a good father to the child.

Other than that, your only two options are to apply for PR on your own merits through Express Entry Visa or wait until your child is 21 to sponsor you through PGP (assuming meeting 3 years of income requirements after reaching 18th birthday)