Legally Separated Status: Pl advice Docs Needed

[jonnclk22]

Hey jon.thanks for the prompt reply...however,i have a few questions 1)any additional documents you attached apart from the affidavit signed by you like aby declaration form from CPP ottawa???2)i am from india,so the above document can be notarized by a notary officer of my country,right??3)i have a baby girl of 1.5 years who shall stay with my spouse...any mention regarding her in the affidavit???....please reply at ur convenience....thnak u ince again,mate.

1. Additional documents: No, I didn't attach anything else.
2. Yes, any notary officer from your country will do.
3. Yes, you should elaborate on the situation w.r.t to your child. Failure to mention the child will be misrepresentation which is illegal. However, this complicates things as now CIC will want to make sure that you are in compliance with any court orders / child support etc. Succinctly include as much details in the affidavit. Since you have a child, you will likely need some kind of official ruling from the court regarding your obligations towards the child. If it's unclear, it will most certainly delay your application.

 

[Docmustakeem]

Hey thanks....jon....so in above case,where the spouse doesnt agree for pcc or medicals or doesnt cooperate in the filing of petition in court should one mention MARRIED or LEGALLY SEPERATED when creating express entry profile....this is the last question from my side.sorry for bugging you,mate.

 

[Docmustakeem]

1. Additional documents: No, I didn't attach anything else.
2. Yes, any notary officer from your country will do.
3. Yes, you should elaborate on the situation w.r.t to your child. Failure to mention the child will be misrepresentation which is illegal. However, this complicates things as now CIC will want to make sure that you are in compliance with any court orders / child support etc. Succinctly include as much details in the affidavit. Since you have a child, you will likely need some kind of official ruling from the court regarding your obligations towards the child. If it's unclear, it will most certainly delay your application.

Hey thanks....jon....so in above case,where the spouse doesnt agree for pcc or medicals or doesnt cooperate in the filing of petition in court should one mention MARRIED or LEGALLY SEPERATED when creating express entry profile....this is the last question from my side.sorry for bugging you,mate.

 

[jonnclk22]

Hey thanks....jon....so in above case,where the spouse doesnt agree for pcc or medicals or doesnt cooperate in the filing of petition in court should one mention MARRIED or LEGALLY SEPERATED when creating express entry profile....this is the last question from my side.sorry for bugging you,mate.

Go for - legally separated. That way, the subsequent forms won't ask you for a lot of details about your spouse and her whereabouts for last 10 years, her travel history etc. And later on, CIC will ask you for a proof of separation and at that time, you can provide them with the affidavit.

 

[kam2466]

Hi jonnclk22

The affidavit of separation that you mentioned in your response, did CIC accept it.

I want to know if you are married but living separately, and your spouse doesn't want to cooperate in any police clearance or medical or any affidavit nor she wants to accompany me to Canada or apply for it, when I submit the marriage document to CIC what status should I mention, married or legally separated. And if I mention legally separated, then would CIC accept the affidavit of separation that you have mentioned.

Thank you.

 

[sageaugie]

Hi all. I am in a similar situation. I came to Canada in 2014 on a Work permit with my wife and two kids. Due to irreconcilable differences, my wife left Canada with the kids and we have now been separated for 8months. I wish to apply for PR for myself and also for my kids though my wife has their custody for now. We haven't initiated any legal proceedings for separation or divorce. However, my wife has steadfastly refused to complete medicals for the kids. I understand that I can file an affidavit of separation to exclude my wife from the application but I wish my kids to have the option to immigrate to Canada in the future. Can any of the learned members advice me on how to deal with this?

 

[thombrea]

Hi Friends

I am also going through divorce case. in my case my wife have filed for divorce 4 years ago.

Will divorce petition filed by my wife serve as a proof for marital status "Legally Separated"?

Court have given order for interim maintenance in year 2017. Will this court order help in confirming my "Legally Separated" status?

The divorce petition is written in a native language. Will it work as is or do I have to translate it into English?

 

[bkmsathi]

Hi jonnclk22

The affidavit of separation that you mentioned in your response, did CIC accept it.

I want to know if you are married but living separately, and your spouse doesn't want to cooperate in any police clearance or medical or any affidavit nor she wants to accompany me to Canada or apply for it, when I submit the marriage document to CIC what status should I mention, married or legally separated. And if I mention legally separated, then would CIC accept the affidavit of separation that you have mentioned.

Thank you.

I am also in the same situation, please suggest what to do if CIC ask for divorce certificate and divorce is still in process ?

 

[bkmsathi]

Hey thanks....jon....so in above case,where the spouse doesnt agree for pcc or medicals or doesnt cooperate in the filing of petition in court should one mention MARRIED or LEGALLY SEPERATED when creating express entry profile....this is the last question from my side.sorry for bugging you,mate.

Hi Docmustakeem
Have you got ppr or still in process? I have got ADR for submitting divorce certificate although I did select legally separated.

 

[manik782]

HI Sorry, I can't share my email. I am happy to answer any questions you may have on this forum. Just avoid names / sensitive details and it should be fine.

Having an affidavit of separation signed by your spouse in front of a public notary officer will be helpful.
If you already have a divorce case pending in the court, send CIC a copy of the divorce petition along with docket number. If you don't have a pending divorce case, and your spouse doesn't cooperate with you regarding a notarized affidavit, then you should have a notarized affidavit of your own and submit it to the CIC. This is what I used:

AFFIDAVIT OF SEPARATION:

I, ______________________________, date of birth _______________ (mm/dd/yyyy) and holder of Passport no. _____________ issued by (country) _________________________ hereby certify that I am separated and estranged from my spouse (name of spouse)_______________________ date of birth _______________ (mm/dd/yyyy) and holder of Passport no. _____________ issued by (country) _________________________ since _______________ (mm/dd/yyyy). I further certify that I do not intend to reconcile with my spouse.


I intend to take following legal action with regard to my marital status:

_________________________________________________________________________


I, __________________________________, further certify that my spouse (name of spouse)_______________________ does not wish to undergo medical examination and police clearance process for the purposes of immigrating to Canada. I understand that such a refusal will render my spouse ineligible to be sponsored for immigrating to Canada at any time in the future if reconciliation were to occur prior to any legal changes to my marital status cited above.

Under penalties of perjury, I certify the above representations to be true as of the date shown below.


__________________________________________ ______________________


Your name (Signature) Date



__________________________________________ ______________________

Signature Notary Public / Commissioner of Oaths Date

i am in the same boat, living separate from my wife for last 11 months and i also filed the judicial separation. What should i do now? what need to be selected in express entry profile marital status field? what documents needed to support my selection?

 

[jonnclk22]

i am in the same boat, living separate from my wife for last 11 months and i also filed the judicial separation. What should i do now? what need to be selected in express entry profile marital status field? what documents needed to support my selection?

Select 'legally separated'. File a notarized affidavit like the one mentioned above. Submit the evidence that a court case has been filed. Most of this has already been outlined in all posts elsewhere on this forum.

 

[Bukenzy]

Hello,

Thanks for your information.

I am separated from my spouse for 10months but not legally. Just merely living apart peacefully has we had no kids.

I submitted a statutory declaration stating that my spouse is not interested in migrating and hence doesn’t want to get involved with the pcc and Medicals and stating I understood me loosing right to sponsor him later.

Still I just got an email to send in prove of separation within a week. My status is married in PR application.

Am confused if this affidavit will work as I can’t afford to initiate a legal procedure at the moment. And considering my time frame.

Please advise

Thanks

 

[jonnclk22]

Hello,

Thanks for your information.

I am separated from my spouse for 10months but not legally. Just merely living apart peacefully has we had no kids.

I submitted a statutory declaration stating that my spouse is not interested in migrating and hence doesn’t want to get involved with the pcc and Medicals and stating I understood me loosing right to sponsor him later.

Still I just got an email to send in prove of separation within a week. My status is married in PR application.

Am confused if this affidavit will work as I can’t afford to initiate a legal procedure at the moment. And considering my time frame.

Please advise

Thanks

Since you and your spouse haven't initiated any legal proceedings to formalize separation, it might be a little more tricky. If you can't afford to initiate a legal separation, your only realistic option is to send a subsequent letter to the CIC explaining your situation once again. Raise a CSE and call them as well.

However, if you are in the US, and if your state allows for a no-fault divorce, you should definitely look into a stipulated divorce. It doesn't cost much at all (Ours cost less than $300 paid for by my ex) and it was granted within 10 days after the date of filing. In that case, you can send your spouse paperwork for a stipulated divorce and send a copy of that to the CIC. That'll buy you time with the CIC. If both you and your spouse are in agreement w.r.t financial issues and if you don't have any kids, and if you are indeed in the US, your stipulated divorce should go through within 2 weeks depending on the jurisdiction.

 

[Bukenzy]

Since you and your spouse haven't initiated any legal proceedings to formalize separation, it might be a little more tricky. If you can't afford to initiate a legal separation, your only realistic option is to send a subsequent letter to the CIC explaining your situation once again. Raise a CSE and call them as well.

However, if you are in the US, and if your state allows for a no-fault divorce, you should definitely look into a stipulated divorce. It doesn't cost much at all (Ours cost less than $300 paid for by my ex) and it was granted within 10 days after the date of filing. In that case, you can send your spouse paperwork for a stipulated divorce and send a copy of that to the CIC. That'll buy you time with the CIC. If both you and your spouse are in agreement w.r.t financial issues and if you don't have any kids, and if you are indeed in the US, your stipulated divorce should go through within 2 weeks depending on the jurisdiction.

Thanks a lot mate, really appreciate this.

I am in Europe. Thinking of drafting out an agreement document online and have us both sign it with withness and do an affidavit of separation and hopefully it fly through.what I will put down as a LOE is really my problem. Can u advise.

Thanks a lot once again

 

[jonnclk22]

Thanks a lot mate, really appreciate this.

I am in Europe. Thinking of drafting out an agreement document online and have us both sign it with withness and do an affidavit of separation and hopefully it fly through.what I will put down as a LOE is really my problem. Can u advise.

Thanks a lot once again

Are there such things as stipulated divorces by mutual agreement in Europe? Now, immigration shouldn't be a reason to file for a divorce of course but since you've been separated for quite some time, no material change in legal status or even an attempt to initiate such a change may be construed as an unwillingness to get a divorce or legally part ways. You should certainly do what you outlined in your answer above but you should seriously consider about the direction of your relationship and where you see it going over next 2-5 years. If the answer is nowhere, do yourself a favor and settle with her and get some version of a stipulated divorce. In the letter of explanation / LOE, do exactly that - explain your situation clearly, your best and honest explanation for current circumstances, and if there are meaningful actions you are taking to address CIC's concerns about your financial and legal liabilities.