Thanks for such a concrete information. I was thinking to inform CIC regarding our circumstances and inform them to make my spouse non accompanying at the time. When divorce is finalised, we will submit decree to them.Since you are not legally divorced and if you are the Primary Applicant. You should immediately contact IRCC via the Case Specific Enquiry system (webform) and let them know that your circumstances have changed. Do NOT attempt to land as a PR until you have been told what to do.
Anyone who comes across your post will have the following suggestions:
Those who disagree to the above mentioned will put forth this -
- Complete your landing immediately as the main applicant. Sort out your marital situation after. Possible Counter arguments to the said suggestion is as follows
- That's inappropriate advice, for two reasons.
1) it's misrepresentation.
2) the Primary applicant doesn't want their spouse to be landed. If the Primary applicant doesn't land, the dependent can't either.
1) Misrepresentation - The couple is still legally married until a divorce. "Intention" to file divorce is not reasonable grounds for misrepresentation.2) The principal applicant will jeopardize the whole application in attempt to get his/her partner off the application. It's best to land and then part ways.
- Legally married BUT essentially "separated". That is considered as a change in circumstances. Anticipate scrutiny if soon after landing you separate or never live together in Canada.
Contacting IRCC via the Case Specific Enquiry system to let them know your situations changed and waiting for their response about what to do next is one option which could be a smooth way of handling the situation if you don't want to end up in situations which will drag you into hassles. And this could be a time consuming process but this will give you a good start when you arrive in Canada rather going after the divorce and settlement issues soon after you land.
This my opinion and I am not a professional, There could be easy and effective possible solutions by anybody else who went through this situation. Wait a bit and see if anybody else will give you better suggestions
Please advise