Can I apply for Canada PR without my wife applying for it?

[wrecky]

Hi All,

I am from India. I am working as Software engineer in one of the MNC. Me and my wife are separated for nearly 6 months.We are not on speaking terms. She is not ready to give me divorce as well.

I qualify to apply for express entry. Can I apply for Canada PR (as federal skilled worker) without my wife getting anywhere in the picture? She's not interested to go to Canada nor is she interested in providing her documents for my application. Is there a way out?

Please help me with this.

Thanks

 

[ttrajan]

Yes you can apply for PR only your self. But you may have to give your wife details in the PR application.

 

[wrecky]

Thanks for your reply, ttrajan

Can you please let me know do i need to get any No Objection Certificate from my wife. Will there be any verification done about the whereabouts my wife.

Thanks

 

[zardoz]

Hi All,

I am from India. I am working as Software engineer in one of the MNC. Me and my wife are separated for nearly 6 months.We are not on speaking terms. She is not ready to give me divorce as well.

I qualify to apply for express entry. Can I apply for Canada PR (as federal skilled worker) without my wife getting anywhere in the picture? She's not interested to go to Canada nor is she interested in providing her documents for my application. Is there a way out?

Please help me with this.

Thanks

You will probably need to initiate divorce from your side or have a binding legal separation. Otherwise, you will have to include her in your application as non-accompanying and she will have to undergo medical examination and background checks. CIC will not just accept an informal separation, because you might "reconcile" after you become a PR. CIC is very strict about this.

 

[cherishlady]

Hi All,

I am from India. I am working as Software engineer in one of the MNC. Me and my wife are separated for nearly 6 months.We are not on speaking terms. She is not ready to give me divorce as well.

I qualify to apply for express entry. Can I apply for Canada PR (as federal skilled worker) without my wife getting anywhere in the picture? She's not interested to go to Canada nor is she interested in providing her documents for my application. Is there a way out?

Please help me with this.

Thanks

Hi, I just asked this question to a VO and the answer is YES.

You have to declare all your relatives like spouse, children, etc. and you decide if they will join you or not to Canada, however they Demand that ALL family members have to go through medicals and police check no matter if they accompany you or not. This is because the government believe that may be one day you will sponsor them.

During a webinar I went to (not official info) a person asked the same stating that she wanted to go without her spouse and her spouse was not willing to help her with the medicals, this consultant told her that there is a way to work around if it is not possible for you to get the medicals and police check by spouse, there exists a declaration from you stating that you will NEVER sponsor your relatives ever and then you may go to Canada by yourself and no need for spouse to go through medical, to do this it is not easy I suggest you to consult a regulated immigration consultant about this work around or try to get the divorce papers, sometimes it is not easy but it will help a lot for the immigration process. Good luck.

 

[747-captain]

Hi All,

I am from India. I am working as Software engineer in one of the MNC. Me and my wife are separated for nearly 6 months.We are not on speaking terms. She is not ready to give me divorce as well.

I qualify to apply for express entry. Can I apply for Canada PR (as federal skilled worker) without my wife getting anywhere in the picture? She's not interested to go to Canada nor is she interested in providing her documents for my application. Is there a way out?

Please help me with this.

Thanks

Short answer to this question is ABSOLUTELY YES, you can do this. How do I know? I was in the EXACT same situation as you.

BTW, my wife is a US citizen, and I'm halfway through my FSW process after 17 years of marriage to my wife. Although we separated on friendly terms (we may stay married for a long time, since her parents are strict Catholics and do not believe in divorce), she is not willing in any way shape and form to cooperate with me for anything such as medicals, PCC etc, and she has zero intentions of leaving the United States for obvious reasons.

Cherishlady's answer is pretty much correct. My attorney helped me draft a DECLARATION which will need to be NOTARIZED, stating that I will NEVER in the future sponsor my wife and I acknowledge that, and that I would like her to be excluded from being examined for immigration purposes.

See my timeline. I got my PER, finished medicals, in the process of sending them the PCCs now. No issues or no problems whatsoever. Keep in mind however, that you will need to include her details in the generic application (just her name, date and place of marriage, date of separation). No other details are needed if you don't know them.

 

[pomparoy76]

these responses are very encouraging.
I would like to further understand:

When I get a VISA, can I still move to the next country/State (CANADA here) if my divorce + domestic violence petition is not closed and still in progress with Indian Court?
note: status=separated; child is in my sole custody; intend to apply VISA only for myself and child.
your help will be highly appreciated.

 

[Indian_2017]

Hi All,

I am from India. I am working as Software engineer in one of the MNC. Me and my wife are separated for nearly 6 months.We are not on speaking terms. She is not ready to give me divorce as well.

I qualify to apply for express entry. Can I apply for Canada PR (as federal skilled worker) without my wife getting anywhere in the picture? She's not interested to go to Canada nor is she interested in providing her documents for my application. Is there a way out?

Please help me with this.

Thanks

Hello Friend,

I am also in same situation and consultants are misguiding. If you have arrived at some solution, Can you please help me.
I am sharing my contact info.. +91 9711779940.., Just drop me a message I will call you back..I really need some answer.

Thanks.

 

[fzin1]

Hi everyone! I'm curious and I'll tell you my sister's case. They got married last year. My sister's a citizen of another commonwealth country. The husband applied for Canadian Immigration and was waiting for PP visa stamping and had medicals and all completed one year before they got married and was on waiting. He is a citizen from a third world country, but hid the whole info from my sister and our family before getting married. Now after getting married he updated his marriage status to CIC and CIC asked to submit my sister's info and marriage proof and told my sister about it. She was surprised, but reluctantly agreed to apply along with him and within four months both of their medicals (his medical exams were two years old already) and all procedures were completed including Visa grant. My sister didn't get a visa label on her PP for obvious reasons and the husband kept both their COPR and when she asked to get a copy he replied he will provide later. Within a week they had a disagreement and the husband left her at my parent's house. My sister tried to reconcile by contacting him continuously but he never made any effort to respond back. Within 6 months my sister came to know that the husband migrated alone to Canada himself and did not inform anyone. What should my sister do now?

 

[scylla]

Her husband can go to Canada alone since he's the primary applicant. He didn't need to inform her he was going or bring her with him.

Your sister can contact CIC to find out if her COPR is still valid and if she can get a replacement issued. However if it's been 6 months since her husband landed in Canada, there's a good chance her COPR is no longer valid.

If that's the case, there's really not much she can do. She would need to apply again from scratch.

 

[fzin1]

Her husband can go to Canada alone since he's the primary applicant. He didn't need to inform her he was going or bring her with him.

Your sister can contact CIC to find out if her COPR is still valid and if she can get a replacement issued. However if it's been 6 months since her husband landed in Canada, there's a good chance her COPR is no longer valid.

If that's the case, there's really not much she can do. She would need to apply again from scratch.

He left 2 weeks ago. My sister did contact CIC asking for a replacement but they informed they cant since they need authorization from the primary applicant. Can she still check whether her COPR is valid? She is thinking her husband sneaked and his lot of things from her.

 

[canuck_in_uk]

Hi everyone! I'm curious and I'll tell you my sister's case. They got married last year. My sister's a citizen of another commonwealth country. The husband applied for Canadian Immigration and was waiting for PP visa stamping and had medicals and all completed one year before they got married and was on waiting. He is a citizen from a third world country, but hid the whole info from my sister and our family before getting married. Now after getting married he updated his marriage status to CIC and CIC asked to submit my sister's info and marriage proof and told my sister about it. She was surprised, but reluctantly agreed to apply along with him and within four months both of their medicals (his medical exams were two years old already) and all procedures were completed including Visa grant. My sister didn't get a visa label on her PP for obvious reasons and the husband kept both their COPR and when she asked to get a copy he replied he will provide later. Within a week they had a disagreement and the husband left her at my parent's house. My sister tried to reconcile by contacting him continuously but he never made any effort to respond back. Within 6 months my sister came to know that the husband migrated alone to Canada himself and did not inform anyone. What should my sister do now?

Is she visa-exempt?

Unless she actually saw her COPR, I would guess that he included her as non-accompanying and she was never issued a COPR.

 

[fzin1]

Is she visa-exempt?

Unless she actually saw her COPR, I would guess that he included her as non-accompanying and she was never issued a COPR.

Yes she is visa exempt and she did see her COPR and the expiry date was sometime this year as same as the husband. She saw it when both of them went to collect their passports and visas. She asked to keep a copy of her COPR after seeing the expiry date and all but he said he will provide it later and the rest you know. Now my question is, can she really retreive her COPR? Obviously the primary applicant's email address was provided and not hers. Also can she prove that the whole thing was very sneaky?

 

[canuck_in_uk]

Yes she is visa exempt and she did see her COPR and the expiry date was sometime this year as same as the husband. She saw it when both of them went to collect their passports and visas. She asked to keep a copy of her COPR after seeing the expiry date and all but he said he will provide it later and the rest you know. Now my question is, can she really retreive her COPR? Obviously the primary applicant's email address was provided and not hers. Also can she prove that the whole thing was very sneaky?

Provided her husband hasn't cancelled her COPR, she can apply for a replacement. However, given that she was approved as the spouse of the PA and their marriage is now over, it would be misrepresentation for her to actually land as a PR.

Not sure what you mean about "proving the whole thing was sneaky".

 

[fzin1]

Provided her husband hasn't cancelled her COPR, she can apply for a replacement. However, given that she was approved as the spouse of the PA and their marriage is now over, it would be misrepresentation for her to actually land as a PR.

Not sure what you mean about "proving the whole thing was sneaky".

The marriage hasn't been over. They have not been legally separated or divorced. Sneaky in the sense that she is a citizen from a visa exempt country while he was not. He has hidden the entire matter that he has been on waiting for the past two years after his medical exams for Canadian PR from my sister and the family before the wedding and only disclosed it after he contacted CIC and CIC asked to submit proof of marriage and her details. Also even though my sister has been provided a dependent PR visa and COPR the husband never provided her the document and just went out of touch but hasn't even divorced or filed for it. That is why she is thinking that the whole thing was quite sneaky since so many things were not disclosed to her and the fact that COPR document was never prpvided. How can my sister know that he hasn't cancelled her COPR? Is it possible to prove everything to the immigration? My sister helped him in writing the spouse questionnaire and has the entire file which she made while helping him for application purposes.