neha986 said:
Hi,
I am married and just got my ITA on 19 Apr, things are not going nice as he does not want to go to Canada now and we might get legally separated.
I have started arranging my docs, now I have following queries:
a) Can I go alone?
b) What should be the process, will I be able to go alone or do I have to wait for Legal Separation and Divorce to be finished.
c) If I can go alone, Do I need his documents as well i.e. Medical and PCC
d) Will my file get delayed because of this?
Answers :
a) If you are a primary applicant, you can get PPR and go to Canada alone. (Extra paper work required)
You also need to re-calculate your EE score, sometimes principle applicant has more score with accompanying spouse than not accompanying spouse. Whatever the case, re-calculate your point to make sure that you still have points
equal to/more than the cut-off score(415, ITA cut-off score on 19th April, 2017).
b) Since you have got an ITA already, you have to submit eAPR within 90 days. You don't have enough time to get Divorce. Even if it is a mutual consent divorce, it takes about 6 months in India.
c) Yes, Since you are legally married for now, You are required to provide Medical and security check/PCC for not accompanying spouse too. If your spouse is willing to co-operate, you will not have any problem acquiring Medica and PCC for him. But If you are in process of getting a divorce and you have the paper work to prove that, You may not need Medical and PCC for your spouse.
d) Yes, You application will fall under special case which will require a bit more time for background check. It will take (visa officer) a month or two longer than usual to make decision for your application.
------------- Summary -----------
Yes, you can go to Canada alone.
Either
You have to provide
Medical Exam and PCC for your spouse
if he is willing to co-operate,
OR
1. You have to provide
LEGAL PAPER WORK proving you are in the
process of getting a divorce.
2.
Notarized statement from legal authority attesting to the fact that you are
legally separated.
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Just to make it clear, here, people are giving you advise/help about your immigration process and not on a social/relationship issues. In the end, It is your decision to choose between your partner or Canada.