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Martial status in express entry profile.

manik782

Member
Dec 21, 2017
18
1
I married in 2016 but separated in 2017 after 4 months of marriage. Still I didn't file any divorce.

My question is what should I choose in martial status Column during creating my express entry profile. Should I select single, married or separated? Will it be verified later?
 

lkva

Star Member
Mar 13, 2018
132
24
Since you haven't filed for divorce, in the eyes of the law your legal status is still married (i.e. you are not single and you are not divorced).
If you choose your status as 'divorced', you will have to provide a legal document that proves that your divorce has been finalized. At this point, you cannot even prove that you have filed for divorce.
If you choose anything other than 'married' you are not telling the truth.
 
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santhkum90

Hero Member
Oct 17, 2017
700
171
Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
2133
App. Filed.......
15-09-2017
AOR Received.
15-09-2017
Passport Req..
16-10-2017
VISA ISSUED...
25-10-2017
LANDED..........
28-03-2018
I married in 2016 but separated in 2017 after 4 months of marriage. Still I didn't file any divorce.

My question is what should I choose in martial status Column during creating my express entry profile. Should I select single, married or separated? Will it be verified later?
You are not divorced, so you are still married. It does not matter if you are not together, unless you can provide a document to prove this.
 

santhkum90

Hero Member
Oct 17, 2017
700
171
Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
2133
App. Filed.......
15-09-2017
AOR Received.
15-09-2017
Passport Req..
16-10-2017
VISA ISSUED...
25-10-2017
LANDED..........
28-03-2018
If you choose anything other than 'divorced' you are not telling the truth.
Not necessarily. OP can still choose married, which is not a lie. The option is to go for married and not accompanying or better file for a divorce.
 

manik782

Member
Dec 21, 2017
18
1
Not necessarily. OP can still choose married, which is not a lie. The option is to go for married and not accompanying or better file for a divorce.
If I choose married then I have to provide marriage certificate? I didn't register my marriage.

Can I choose single? Will it be verified?
 

santhkum90

Hero Member
Oct 17, 2017
700
171
Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
2133
App. Filed.......
15-09-2017
AOR Received.
15-09-2017
Passport Req..
16-10-2017
VISA ISSUED...
25-10-2017
LANDED..........
28-03-2018
If I choose married then I have to provide marriage certificate? I didn't register my marriage.

Can I choose single? Will it be verified?
How come you are married, if you have not registered? How will you get a divorce, if not registered? I don’t understand this.
 

Maverick28

VIP Member
Feb 5, 2017
3,123
823
Canada
My only concern is that whatever martial status I will choose will it be verified later?
Its not about verification, its about being truthful and following the law. If you did not register your marriage, then how come you are married? And if you are claiming to be unmarried, then there should be no proof present for your marriage.

If you claim that you are unmarried and get a PR successfully, and at a later time it is found that you lied about being married, you can face serious consequences.

More details below:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-determining-spouse/legality.html

Marriage must be valid where it took place and under Canadian law
A marriage that took place abroad must be valid both under the laws of the jurisdiction where it took place and under Canadian federal law in order to be considered legal for immigration purposes. A marriage that is legally recognized according to the law of the place where it occurred is usually recognized in Canada, but the onus is on applicants to prove that their marriage is legal.

Marriages performed in embassies or consulates must meet the requirements of the host country in which the mission is located. A diplomatic mission or a consular office is considered to be within the territory and jurisdiction of the host (receiving) state. Therefore, a marriage performed in an embassy or consulate must be legally recognized by the host state in order to be valid for Canadian immigration purposes. An applicant who married in an embassy or consulate must satisfy an officer that all of the requirements of the host country with respect to marriage have been met, including whether the host country recognizes marriages performed in diplomatic missions or consular offices within its jurisdiction. Exceptions to this requirement are rare.

The most common impediment to a legal marriage is a previous marriage that has not been dissolved. Marriages are dissolved through annulment, divorce or the death of one of the parties.

What to do if a marriage is not legal where it occurred
Some marriages may not be legal where they occurred (e.g. defect in capacity [who can marry whom], marriage in an embassy is not recognized by the host country, religious prohibitions, form of ceremony not permitted), but the marriage would otherwise be recognized in Canada. Officers should explain to the applicant that they do not qualify as a spouse because their marriage is not legal where they married, but that they might qualify if they marry in another jurisdiction where their marriage would be legal.

If re-marriage in another jurisdiction is not feasible, and if the relationship between the sponsor and applicant is genuine and the relationship meets the requirements of either common-law partner or conjugal partner, they may be processed as such. Consult the applicant before processing their application in another category.

If applicants qualify as common-law or conjugal partners, explain that their marriage will not be recognized as legal in Canada. If they wish to be recognized as a married couple, they will have to marry in Canada. If they are conjugal partners, explain that they must live together in a conjugal relationship for one year before either can exercise any rights or privileges associated with common-law status.

The applicant must meet the definition of common-law partner or conjugal partner at the time the sponsorship and permanent residence applications are submitted, i.e. for common-law partners, they must have lived together continuously in a conjugal relationship for at least one year, and for conjugal partners, they must have been in a conjugal relationship for at least one year.

If the applicant is unwilling to be considered as a common-law or conjugal partner, or is unable to provide satisfactory evidence of a conjugal relationship, the application should be refused.
 
Last edited:

manik782

Member
Dec 21, 2017
18
1
Its not about verification, its about being truthful and following the law. If you did not register your marriage, then how come you are married? And if you are claiming to be unmarried, then there should be no proof present for your marriage.

If you claim that you are unmarried and get a PR successfully, and at a later time it is found that you lied about being married, you can face serious consequences.

More details below:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-determining-spouse/legality.html

Marriage must be valid where it took place and under Canadian law
A marriage that took place abroad must be valid both under the laws of the jurisdiction where it took place and under Canadian federal law in order to be considered legal for immigration purposes. A marriage that is legally recognized according to the law of the place where it occurred is usually recognized in Canada, but the onus is on applicants to prove that their marriage is legal.

Marriages performed in embassies or consulates must meet the requirements of the host country in which the mission is located. A diplomatic mission or a consular office is considered to be within the territory and jurisdiction of the host (receiving) state. Therefore, a marriage performed in an embassy or consulate must be legally recognized by the host state in order to be valid for Canadian immigration purposes. An applicant who married in an embassy or consulate must satisfy an officer that all of the requirements of the host country with respect to marriage have been met, including whether the host country recognizes marriages performed in diplomatic missions or consular offices within its jurisdiction. Exceptions to this requirement are rare.

The most common impediment to a legal marriage is a previous marriage that has not been dissolved. Marriages are dissolved through annulment, divorce or the death of one of the parties.

What to do if a marriage is not legal where it occurred
Some marriages may not be legal where they occurred (e.g. defect in capacity [who can marry whom], marriage in an embassy is not recognized by the host country, religious prohibitions, form of ceremony not permitted), but the marriage would otherwise be recognized in Canada. Officers should explain to the applicant that they do not qualify as a spouse because their marriage is not legal where they married, but that they might qualify if they marry in another jurisdiction where their marriage would be legal.

If re-marriage in another jurisdiction is not feasible, and if the relationship between the sponsor and applicant is genuine and the relationship meets the requirements of either common-law partner or conjugal partner, they may be processed as such. Consult the applicant before processing their application in another category.

If applicants qualify as common-law or conjugal partners, explain that their marriage will not be recognized as legal in Canada. If they wish to be recognized as a married couple, they will have to marry in Canada. If they are conjugal partners, explain that they must live together in a conjugal relationship for one year before either can exercise any rights or privileges associated with common-law status.

The applicant must meet the definition of common-law partner or conjugal partner at the time the sponsorship and permanent residence applications are submitted, i.e. for common-law partners, they must have lived together continuously in a conjugal relationship for at least one year, and for conjugal partners, they must have been in a conjugal relationship for at least one year.

If the applicant is unwilling to be considered as a common-law or conjugal partner, or is unable to provide satisfactory evidence of a conjugal relationship, the application should be refused.
Thanks for the information. but still my concerned is not resolved, i am thinking that if i choose marriage will they ask for any proof whether marriage has taken place or not, if i choose separated then whether they will ask for any proof?

I think you are getting my point?
 
Last edited:

Maverick28

VIP Member
Feb 5, 2017
3,123
823
Canada
Thanks for the information. but still my concerned is not resolved, i am thinking that if i choose marriage will they ask for any proof whether marriage has taken place or not, if i choose separated then whether they will ask for any proof?

I think you are getting my point?
Yes, they will ask for a proof of marriage and separation, whichever case is applicable.
 

manik782

Member
Dec 21, 2017
18
1
Since you haven't filed for divorce, in the eyes of the law your legal status is still married (i.e. you are not single and you are not divorced).
If you choose your status as 'divorced', you will have to provide a legal document that proves that your divorce has been finalized. At this point, you cannot even prove that you have filed for divorce.
If you choose anything other than 'divorced' you are not telling the truth.
Then what should I choose? It will be verified after we I got ITA?
 

lkva

Star Member
Mar 13, 2018
132
24
Not necessarily. OP can still choose married, which is not a lie. The option is to go for married and not accompanying or better file for a divorce.
Oops, my note was supposed to say 'if you choose anything other than 'married' you are not telling the truth', not 'divorced', clearly a typo.
 

Krish009

Newbie
Apr 22, 2018
8
0
Hi Team,
I am also facing some what the same issue:
currently ,I am living separately from my family(Wife, 2yrs Kid) from last 10 months,but not legal yet.
In future , i am not sure that it may be go to divorce or not.

As of now , i have marriage certificate,child birth certificate.
If spouse non-accompanying scenario, I may need PCC for spouse, Medicals for your spouse and child, and POF for a family of 3.
Is it really mandatory doc of PCC(Spouse),medical(Spouse,child),POF ?


Now, she (legal life partner) is avoiding all such communications with me.
Is there any alternative way to get apply for PR by submitting lawyer affidavit such spouse non-accompanying or living separately or without intimate to spouse.
can we approach by court by sending notice to spouse do co-operate to get all those required documents ?

Pls advice as i am lossing my future.....
 

santhkum90

Hero Member
Oct 17, 2017
700
171
Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
2133
App. Filed.......
15-09-2017
AOR Received.
15-09-2017
Passport Req..
16-10-2017
VISA ISSUED...
25-10-2017
LANDED..........
28-03-2018
Hi Team,
I am also facing some what the same issue:
currently ,I am living separately from my family(Wife, 2yrs Kid) from last 10 months,but not legal yet.
In future , i am not sure that it may be go to divorce or not.

As of now , i have marriage certificate,child birth certificate.
If spouse non-accompanying scenario, I may need PCC for spouse, Medicals for your spouse and child, and POF for a family of 3.
Is it really mandatory doc of PCC(Spouse),medical(Spouse,child),POF ?


Now, she (legal life partner) is avoiding all such communications with me.
Is there any alternative way to get apply for PR by submitting lawyer affidavit such spouse non-accompanying or living separately or without intimate to spouse.
can we approach by court by sending notice to spouse do co-operate to get all those required documents ?

Pls advice as i am lossing my future.....
If you choose "married and non-accompanying", then there is no other way, you have to submit the PCC and medical docs for all. Other option will be to get a divorce, in which case you don't need those. I am not sure about the legal way the legal way though.