Confusion between "Separated" & "Legally Separated"

[canmool]

Hi,

I am legally married but not divorced. Since last 6 months me and my wife are living separately. We do not have any legal separation or court order to stay away from each other.. Instead we only did a small signed agreement between 2 of us to declare our separation.

I am the only applicant and my wife is not joining me in Canada so I have selected 'Legally Separated' during express entry application and Visa application.

Does it make any difference?

 

[EE456]

It surely does. Legally-separated means the court had ruled on your separation. Separated is something you and your wife had chosen but you'd still be married in the eyes of the law.

 

[hope2018]

Hi,

I am legally married but not divorced. Since last 6 months me and my wife are living separately. We do not have any legal separation or court order to stay away from each other.. Instead we only did a small signed agreement between 2 of us to declare our separation.

I am the only applicant and my wife is not joining me in Canada so I have selected 'Legally Separated' during express entry application and Visa application.

Does it make any difference?

How can you say it legally separated by signing amongst you two some document.

 

[canmool]

How can you say it legally separated by signing amongst you two some document.

I agree... but thats my concern... in the visa application, under the relationship option.. there is only 'Legally Separated' & 'Divorced' but there is nothing called 'separated'

 

[hope2018]

I agree... but thats my concern... in the visa application, under the relationship option.. there is only 'Legally Separated' & 'Divorced' but there is nothing called 'separated'

Coz there isn't anything as separated only, has to be in the eyes of law. You are still married

 

[canmool]

It surely does. Legally-separated means the court had ruled on your separation. Separated is something you and your wife had chosen but you'd still be married in the eyes of the law.

I agree... but in the visa application, under the relationship option.. there is only 'Legally Separated' & 'Divorced' but there is nothing called 'separated'

So have I done the right thing by selecting 'Legally Separated'? instead of slecting 'Married' or 'Divorced'?

 

[EE456]

I agree... but in the visa application, under the relationship option.. there is only 'Legally Separated' & 'Divorced' but there is nothing called 'separated'

So have I done the right thing by selecting 'Legally Separated'? instead of slecting 'Married' or 'Divorced'?

You are married, that's what you should choose. It was wrong to select "legally-separated" and that will actually prompt a request for proof (a court ruling confirming that legal separation).

 

[canmool]

Thank you all for reply..

If I select my marital status as 'Married' but spouse not accompanying then I will have to show my wife's PCC and medical check which she will not do so as she does not want anything to do with me..

We can not divorce in court because we can not do so without living in separation for minimum 1 year.

We did not apply separation in court because that is a 4 to 6 month process so we decided to do a mutual agreement and stay separated so that we can apply divorce directly in the court in few months

I also found following pop-up window by clicking on a little help icon under the marital status field on visa application page.

 

[Maverick28]

Thank you all for reply..

If I select my marital status as 'Married' but spouse not accompanying then I will have to show my wife's PCC and medical check which she will not do so as she does not want anything to do with me..

We can not divorce in court because we can not do so without living in separation for minimum 1 year.

We did not apply separation in court because that is a 4 to 6 month process so we decided to do a mutual agreement and stay separated so that we can apply divorce directly in the court in few months

I also found following pop-up window by clicking on a little help icon under the marital status field on visa application page.

https://www.canadavisa.com/canada-immigration-discussion-board/threads/legally-separated-status-pl-advice-docs-needed.487143/

 

[canuck_in_uk]

Hi,

I am legally married but not divorced. Since last 6 months me and my wife are living separately. We do not have any legal separation or court order to stay away from each other.. Instead we only did a small signed agreement between 2 of us to declare our separation.

I am the only applicant and my wife is not joining me in Canada so I have selected 'Legally Separated' during express entry application and Visa application.

Does it make any difference?

Hi

Ignore all of the above. In Canada, you are considered to be legally separated when you decide to live apart. There is no formal legal process to become separated. You can even still live in the same house and be legally separated.

 

[mr.preetsingh]

Hi,

I am legally married but not divorced. Since last 6 months me and my wife are living separately. We do not have any legal separation or court order to stay away from each other.. Instead we only did a small signed agreement between 2 of us to declare our separation.

I am the only applicant and my wife is not joining me in Canada so I have selected 'Legally Separated' during express entry application and Visa application.

Does it make any difference?

It would be better if you mention married and not accompanying wife. She will have to appear for Medical and PCC. If she agrees, you will get PR alone.

 

[Jam8tar]

Thank you all for reply..

If I select my marital status as 'Married' but spouse not accompanying then I will have to show my wife's PCC and medical check which she will not do so as she does not want anything to do with me..

We can not divorce in court because we can not do so without living in separation for minimum 1 year.

We did not apply separation in court because that is a 4 to 6 month process so we decided to do a mutual agreement and stay separated so that we can apply divorce directly in the court in few months

I also found following pop-up window by clicking on a little help icon under the marital status field on visa application page.

Hi Mate, I am in the same situation, did you received any updates about the way you submitted your application. I am trying to submit my application the same manner in with you.

 

[Monaabbasi]

Could you please help me regarding this question ? Divorced or legally separated ? What is the difference ?

 

[k.h.p.]

Could you please help me regarding this question ? Divorced or legally separated ? What is the difference ?

Divorced means you have a certificate of divorce. Legally separated means you are still married but have some sort of separation agreement or other documentation for separation, or in some jurisdictions, have been separated for a sufficient amount of time.

If you are separated, you have no divorce certificates.

 

[Monaabbasi]

I have one more question about duration of expected study ? Actually first I took program English academic that is one year course and and future course is HR for 3 years . So I have to write only AES course end date or Ive to write HR course both date as well ? And in Same column they are asking course fee ? Shall i right current program tution fee or future course as well ??both courses tution Fee should I mention?