Separated vs Legally Separated - What's the difference?

[canspire]

Hello guys,

I'm bummed at this question I came across the PR renewal form. It's about the marital status. I sent a question for clarification to IRCC via the web form but there has been no response in weeks.

The options for marital status are:

• Never Married
• Married
• Widowed
• Legally Separated
• Divorced
• Common-law

My status is "separated" according to the definition from CRA. While I file my taxes, I file as "separated". The definition as per CRA is:-

If you are living separately from your spouse for a continuous period of more than a year, then you are deemed to be "separated" from your spouse. This is true in my case. We are living separately for more than 3 years actually, and I don't even know where she lives, what her number is or her whereabouts.

However, I do not have any "legal" papers of separation, for example from a court. Does this mean that I am still married and not "legally separated"?

IRCC hasn't defined "legally separated" anywhere in their website.

Please enlighten. I will appreciate any response, thanks in advance.

 

[armoured]

A little like 'common law', there may be different provincial definitions - or none at all, i.e. no formal definition.

What CRA has done is establish a simple rule for 'de facto' separation (call it common law if you wish). It's not 'legal' in the sense of approved by a court (at least doesn't require that for CRA), but a de facto status that would - likely - be recognized by a court (depending on circumstances - like eg filing for divorce, the courts would likely recognize that the couple has not been in a real relationship for some period of time although they remained legally married).

But for the purposes of IRCC - I would not overthink it and go with the simple CRA approach unless advised otherwise.

Note: you've asked the question without any context of why it would matter. It might be very important if applying to sponsor a spouse (different from the one from which legally separated of course). It probably doesn't matter at all in terms of citizenship grant application (nowadays anyway) but they still collect the information. ("Doesn't matter at all" in this context, meaning it does not affect the citizenship application substantively).

Note: 'legal separation' may have very different meanings and requirements outside Canada and CRA/IRCC context.

[Not an expert, just opinion]

 

[canspire]

A little like 'common law', there may be different provincial definitions - or none at all, i.e. no formal definition.

What CRA has done is establish a simple rule for 'de facto' separation (call it common law if you wish). It's not 'legal' in the sense of approved by a court (at least doesn't require that for CRA), but a de facto status that would - likely - be recognized by a court (depending on circumstances - like eg filing for divorce, the courts would likely recognize that the couple has not been in a real relationship for some period of time although they remained legally married).

But for the purposes of IRCC - I would not overthink it and go with the simple CRA approach unless advised otherwise.

Thanks a lot for your response. That's what I feel about it too, yet the subtlety kills me.

Note: you've asked the question without any context of why it would matter. It might be very important if applying to sponsor a spouse (different from the one from which legally separated of course).

I did provide the context, which is PR renewal. I am a landed immigrant and was never sponsored by my spouse, so I agree that this should not matter per se.
However, I do not wish to furnish "incorrect" information on the forms, regardless of how minuscule or insignificant that is. Misrepresentation (as IRCC calls it) is the last thing I wish to do.

[Not an expert, just opinion]

Your inputs and opinions are appreciated, thank you. I reckon I must fire another enquiry using IRCC webform again since they never responded to my initial one. They must be bummed by this strange question too, lol.

 

[armoured]

I did provide the context, which is PR renewal. I am a landed immigrant and was never sponsored by my spouse, so I agree that this should not matter per se.
However, I do not wish to furnish "incorrect" information on the forms, regardless of how minuscule or insignificant that is. Misrepresentation (as IRCC calls it) is the last thing I wish to do.

Agree that I can't see a reason would matter for the PR card renewal.

Easy solution if you are concerned about misrepresentation: write and include a short letter of explanation with the facts, e.g. "I have marked 'legally separated' as my marital status based on CRA rules, as my (former) spouse and I remain legally married but have lived apart for [time.]"

I don't believe you can be accused of misrepresentation (even if you were in error interpreting the term) if you disclose exactly what you meant (and are truthful, of course).

Your inputs and opinions are appreciated, thank you. I reckon I must fire another enquiry using IRCC webform again since they never responded to my initial one. They must be bummed by this strange question too, lol.

I suspect you'll wait longer than worth it for a meaningful response, but up to you of course.

 

[canspire]

Easy solution if you are concerned about misrepresentation: write and include a short letter of explanation with the facts, e.g. "I have marked 'legally separated' as my marital status based on CRA rules, as my (former) spouse and I remain legally married but have lived apart for [time.]"

I love this forum and contributors like you. That should work, simply. Common sense!! Thanks a lot for this.

 

[canspire]

... marital status based on CRA rules, as my (former) spouse and I remain legally married but have ...

Just for fun, that's an impossibility. I cannot be separated and have another spouse. That's illegal, until I get a divorce - polygamy is illegal in Canada. I'm discounting a "common-law" partner (which may be allowed without a divorce) as a spouse, because they are still referred to as a "partner" and never a "spouse".

 

[armoured]

Just for fun, that's an impossibility. I cannot be separated and have another spouse. That's illegal, until I get a divorce - polygamy is illegal in Canada. I'm discounting a "common-law" partner (which may be allowed without a divorce) as a spouse, because they are still referred to as a "partner" and never a "spouse".

Well, I'm not going to argue about semantics and terminology (spouse vs partner)*, but this scenario does occur in Canada - someone cannot divorce their legally married (former) spouse and is now in a common law relationship.

*Okay, I am going to argue that: if one is legally separated, I think plain language usage in Canada would say that this person is not your spouse, and you can call your common law partner your spouse.

And I believe IRCC usage confirms this, that they will call common law spouse "spouse."

But if someone wants to think otherwise or that there's some Plenipotentiary Language Police around that are going to enforce your understanding, I ahve yet to encounter them in Canada.

And of course irrelevant to this particular case, since it doesn't much matter for renewal of a PR card.

 

[canspire]

Plenipotentiary Language Police

Gosh!! I hadn't expected that you would take this "fun" and "irrelevant" post so damn seriously . Now let's see, let me dig into the definitions just for kicks and giggles. I found this here - IRCC terms Glossary

Spouse: A legal marriage partner. This term includes both opposite- and same-sex relationships but does not include common-law partnerships.

Hence, to your surprise, you could be mistaken my friend:

And I believe IRCC usage confirms this, that they will call common law spouse "spouse."

No serious response expected, with no intent of triggering further arguments. I've been grateful for your kind inputs, from the start. Take care .

PS: The term "legally separated" is not defined anywhere in the glossary. Separated is, however, defined. That's the reason why my initial post (question) exists here.
Disclaimer: At the top of the page, it does say this "Note: The glossary provides explanations for different words we use online. These are not legal definitions."

 

[armoured]

I stand corrected! But I think I'll continue saying spouse whenever I want ))

 

[canspire]

I stand corrected! But I think I'll continue saying spouse whenever I want ))

Well, I concede that you may be right in the general context because :

At the top of the page, it does say this "Note: The glossary provides explanations for different words we use online. These are not legal definitions."

 

[Dreamlad]

Now I know why 10 million young people in China choose not to get married. It's complicated!

 

[canspire]

10 million young people in China choose not to get married.

When did that happen?

 

[Dreamlad]

When did that happen?

2021 census. Cheap labour is in shortage and that's why the government ended one-child policy...Young people either don't get married or choose not to have children.

 

[kooer]

if you have a signed separation agreement you are legally separated, if you just split up and live apart then you are simply separated

 

[canspire]

Folks,

You must hear this, it's the funniest thing that happened just now. So, I received a response from IRCC on the matter in topic here i.e. difference between separated and legally separated. I had asked them the same question that I posed here in this thread via their web-form. The following is their response email.

Thank you for contacting Immigration, Refugees and Citizenship Canada (IRCC).

If you would like to apply for, renew or replace a PR card, you can do so by following these instructions.

If your card was lost, stolen, destroyed or never received, please ensure you complete Section H (Solemn Declaration).

To find out how long it may take to process your application, we invite you to consult the processing times page.

We hope the information provided is helpful in assisting you with your enquiry.

We would also like to suggest the following online services that might be helpful to you with any immigration, refugee and/or citizenship future requests:

• Download application forms and guides
• Change of address
• Check your application status
• Help Centre - To find answers, you may consult the different sections or type keywords related to your question.

Sincerely,


Jennifer

Agent # 4864
Immigration, Refugees and Citizenship Canada

The agent sent back a generic, robotic, canned response. She didn't even care to read my question.