Need solution

[Jimmy4u]

Hi I'm protected person I going to apply for PR. I have following questions

1 can I apply my PR for my self my wife is separated and living in home country. I did not want To sponsor her.

2 my dependant child is also living with my separated wife. Can I exclude my dependant child in my PR application.

 

[Jakiewuyi]

Hi I'm protected person I going to apply for PR. I have following questions

1 can I apply my PR for my self my wife is separated and living in home country. I did not want To sponsor her.

2 my dependant child is also living with my separated wife. Can I exclude my dependant child in my PR application.

You can sponsor your child alone in your PR application. I extracted the below information and will also drop the link so you can read it for further understanding.

• If you’re sponsoring just your child, without sponsoring your spouse or partner, you’ll name your child as the principal applicant in the application. You’ll have to show that the other parent or legal guardian agrees to your child immigrating to Canada. See your checklist for what you’ll need to provide.
• https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/who-you-can-sponsor.html

 

[Jimmy4u]

Pl help me in following points

1) Is it mandatory to provide wife information in my pr application.

2. My daughter is also living with my wife. I also not want to include my in daughter in my pr application.

3. It is mandatory to provide police clearance certificates.

 

[Jakiewuyi]

Pl help me in following points

1) Is it mandatory to provide wife information in my pr application.

2. My daughter is also living with my wife. I also not want to include my in daughter in my pr application.

3. It is mandatory to provide police clearance certificates.

let me start the response with points 3.

Yes. Protected persons must submit police clearance certificates (PCCs) from the countries where they have resided for more than six months since the age of 18 years. Note that PCCs are not required from the countries from which the applicant sought protection.

Point 1 & 2 - Are you divorced or separated from your wife? You need to provide detailed information to enable us advice you. However, I think it’s your personal decision if you want to include or not include them in your PR application.

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[Jimmy4u]

I'm not divorced. I'm separated but not legally separated

 

[Jakiewuyi]

I'm not divorced. I'm separated but not legally separated

You can sponsor only your child if you wish. You’ll have to show that the other parent agrees to your child immigrating to Canada.

 

[Jimmy4u]

Thanks for your help.

 

[Simba112]

You can sponsor only your child if you wish. You’ll have to show that the other parent agrees to your child immigrating to Canada.

It will be tough situation for the child to immigrate provided the other part is not onboard and the age of the child, custodian arrangement etc..

 

[Simba112]

I'm not divorced. I'm separated but not legally separated

To avoid any delays with your PR application, include proof that satisfies requirement of s.23 of IRPR. Proof of Separation, Affidavit from both parties and from family members to confirm relationship has broken down in law or fact

Prescribed circumstances — family members

23 For the purposes of paragraph 42(1)(a) of the Act, the prescribed circumstances in which the foreign national is inadmissible on grounds of an inadmissible non-accompanying family member are that

• (a) the foreign national is a temporary resident or has made an application for temporary resident status, an application for a permanent resident visa or an application to remain in Canada as a temporary or permanent resident; and
• (b) the non-accompanying family member is
  • (i) the spouse of the foreign national, except where the relationship between the spouse and foreign national has broken down in law or in fact,
  • (ii) the common-law partner of the foreign national,
  • (iii) a dependent child of the foreign national and either the foreign national or an accompanying family member of the foreign national has custody of that child or is empowered to act on behalf of that child by virtue of a court order or written agreement or by operation of law, or
  • (iv) a dependent child of a dependent child of the foreign national and the foreign national, a dependent child of the foreign national or any other accompanying family member of the foreign national has custody of that child or is empowered to act on behalf of that child by virtue of a court order or written agreement or by operation of law.

 

[Jimmy4u]

It is not possible yo provide any document because we have not spoken to each from last 10 years.

 

[Simba112]

It is not possible yo provide any document because we have not spoken to each from last 10 years.

So technically your spouse does not appear in your immigration forms, and your status is "Single/Not Married"..

 

[Jimmy4u]

In my visitor visa application I mentioned married and provide wife details but in refugees documents I mentioned i am married but separated. In hearing I confirmed I am separated but not legally separated or divorced.