Mother not legally separated but been living apart since 1995 with no connection

[Seen12]

Hello,

I am completing my mother's sponsorship application and am a little confused about how to fill her marital status in the application.

I am only planning to sponsor her and not my dad. Her ID document state that she is married however, she has been separated from my dad since 1995 with no ties whatsoever. So far I have her as "Separated" in all the applications. However, the Schedule A Declaration only has a "Legally Separated" option and I don't feel this is right. Should I have them all as separated and Schedule A as married, and attach a letter to explain the situation?

Finally, in the IMM 0008 I put that she doesn't have any dependents. Is that right, since my dad is separated from her and they have to ties together?

Any suggestions or feedback will be highly appreciated.

 

[Naturgrl]

Hello,

I am completing my mother's sponsorship application and am a little confused about how to fill her marital status in the application.

I am only planning to sponsor her and not my dad. Her ID document state that she is married however, she has been separated from my dad since 1995 with no ties whatsoever. So far I have her as "Separated" in all the applications. However, the Schedule A Declaration only has a "Legally Separated" option and I don't feel this is right. Should I have them all as separated and Schedule A as married, and attach a letter to explain the situation?

Finally, in the IMM 0008 I put that she doesn't have any dependents. Is that right, since my dad is separated from her and they have to ties together?

Any suggestions or feedback will be highly appreciated.

If they are not divorced, your father is included as a family member. So he is included in the application as non accompanying. Do you meet LICO including him?

Note: In the case of a principal applicant who is separated from their spouse, the principal applicant’s separated spouse is considered a “family member”, as per paragraph R1(3)(a) of the Immigration and Refugee Protection Regulations, since they are still legally married until they are divorced. However, it should be noted that there could be situations in which subparagraph R5(b)(ii), which details excluded relationships, applies to a foreign national (i.e. the principal applicant). A separated spouse of a foreign national must be counted for the calculation of the Minimum Necessary Income (MNI) unless the spouse has lived separate from the foreign national for at least one year and is the common-law partner of another person. For clarity, either the foreign national (i.e. the principal applicant) or their separated spouse may be the common-law partner of another person.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5772-application-sponsor-parents-grandparents.html

If you don’t know where he is then you can include a letter of explanation.

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1541&top=14

 

[Seen12]

If they are not divorced, your father is included as a family member. So he is included in the application as non accompanying. Do you meet LICO including him?

Note: In the case of a principal applicant who is separated from their spouse, the principal applicant’s separated spouse is considered a “family member”, as per paragraph R1(3)(a) of the Immigration and Refugee Protection Regulations, since they are still legally married until they are divorced. However, it should be noted that there could be situations in which subparagraph R5(b)(ii), which details excluded relationships, applies to a foreign national (i.e. the principal applicant). A separated spouse of a foreign national must be counted for the calculation of the Minimum Necessary Income (MNI) unless the spouse has lived separate from the foreign national for at least one year and is the common-law partner of another person. For clarity, either the foreign national (i.e. the principal applicant) or their separated spouse may be the common-law partner of another person.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5772-application-sponsor-parents-grandparents.html

If you don’t know where he is then you can include a letter of explanation.

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1541&top=14

Thank you very much for your response. Yes, I do meet the LICO including him. So should I put married in the Schedule A decleration since she is not legally separated and keep it separated in the rest of the applications?

They have been separated for over 25 years

 

[canuck78]

Thank you very much for your response. Yes, I do meet the LICO including him. So should I put married in the Schedule A decleration since she is not legally separated and keep it separated in the rest of the applications?

They have been separated for over 25 years

Is there a reason they haven’t gotten divorced? Do they still declare themselves as a married couple on government documents? Taxes? Have they applied for other visas or permits as married? Are either of them in a common law relationship?

 

[Seen12]

Is there a reason they haven’t gotten divorced? Do they still declare themselves as a married couple on government documents? Taxes? Have they applied for other visas or permits as married? Are either of them in a common law relationship?

I honestly don't know why they didn't just get divorced, but that's the situation with a lot of people back home. We are Palestinian refugees from Lebanon. They don't do annual taxes back home. Mom's government ID do state that she is married, and no common law relationship

 

[Naturgrl]

Thank you very much for your response. Yes, I do meet the LICO including him. So should I put married in the Schedule A decleration since she is not legally separated and keep it separated in the rest of the applications?

They have been separated for over 25 years

She is married so yes.

 

[canuck78]

I honestly don't know why they didn't just get divorced, but that's the situation with a lot of people back home. We are Palestinian refugees from Lebanon. They don't do annual taxes back home. Mom's government ID do state that she is married, and no common law relationship

So they are stating they are married in other documents so your father must be included. He can be included as non-accompanying. I would include extra information with the application that they remain married but have been living separately for 25 years.

 

[Seen12]

So they are stating they are married in other documents so your father must be included. He can be included as non-accompanying. I would include extra information with the application that they remain married but have been living separately for 25 years.

Thank you very much. I am planning to submit a letter explaining this situation along with the application.

 

[Seen12]

So they are stating they are married in other documents so your father must be included. He can be included as non-accompanying. I would include extra information with the application that they remain married but have been living separately for 25 years.

Will my dad have to undergo the medical examination if he’s not accompanying her?
This is the only thing that I’m worried about as I don’t have contact with him either.

 

[Naturgrl]

Will my dad have to undergo the medical examination if he’s not accompanying her?
This is the only thing that I’m worried about as I don’t have contact with him either.

Yes he has to take a medical and pass it. You need proof that you tried to find him but could not.

 

[canuck78]

Yes he has to take a medical and pass it. You need proof that you tried to find him but could not.

Will be extremely difficult to get around him not doing a medical so trying to find him should be the plan.

 

[Seen12]

Will be extremely difficult to get around him not doing a medical so trying to find him should be the plan.

I was able to get an affidavit stating that they have been separated for over 25 years. I will also work on finding him meanwhile so this way am ready if he's requested to do medical.

Thank you all for your feedback

 

[AliM007]

Hi all,
I found this post informative. As going through a breakdown marriage and non-cooperating spouse and non-accompanying in the application, the marital status will change from married to separated on imm0008 and update ircc and explain the situation. divorce is not an option as I am in situation close to @Seen12 one. I appreciate any help on what documents ircc may ask for in such marital status change. There is no intention to reconcile with spouse in future.
@Seen12 will also appreciate it you let me know how did it go for you and if ircc accepted the affidavit or asked for more documents.

Unfortunately, Consulted a lawyer told me that if he is listed as non-accompanying only he will not need to do medical which is not true. also mentioned "separated " doesn't require a proof in Canadian family law which I am not sure about. that's why I am thankful for this platform.


Thank you to all including @canuck78 whose input is always helpful.

 

[canuck78]

Hi all,
I found this post informative. As going through a breakdown marriage and non-cooperating spouse and non-accompanying in the application, the marital status will change from married to separated on imm0008 and update ircc and explain the situation. divorce is not an option as I am in situation close to @Seen12 one. I appreciate any help on what documents ircc may ask for in such marital status change. There is no intention to reconcile with spouse in future.
@Seen12 will also appreciate it you let me know how did it go for you and if ircc accepted the affidavit or asked for more documents.

Unfortunately, Consulted a lawyer told me that if he is listed as non-accompanying only he will not need to do medical which is not true. also mentioned "separated " doesn't require a proof in Canadian family law which I am not sure about. that's why I am thankful for this platform.


Thank you to all including @canuck78 whose input is always helpful.

How long can you prove you have been living separate lives, finances separate, separate living arrangements, proof of other relationships, etc.? OP had been separated for around 20 years.

 

[AliM007]

How long can you prove you have been living separate lives, finances separate, separate living arrangements, proof of other relationships, etc.? OP had been separated for around 20 years.

It has been a year in Colombia by myself and he is in a different country. Finances for child is shared. But there is no other relationships