Any chance to sponsor EX spouse

[char1es]

Hi everyone, I have a question. If I separated with my EX spouse before I applied CEC, after I landing and we want to reconcile. Is there any possible chance I can sponsor him again? I do mention I have one marriage in my application. Will CIC count him as excluded family member. Hope you guys can give me some advice.

Thanks

 

[CDNPR2014]

were you actually divorced before applying for CEC? if not divorced, was your spouse listed in your application for PR, even though you were separated at the time?

 

[char1es]

were you actually divorced before applying for CEC? if not divorced, was your spouse listed in your application for PR, even though you were separated at the time?

We are not divorced yet even it already over 1 year separation time. Neither of us applied divorce application to the court.
The EE system only ask me what is my marital status and I choose legally separated and how long the marriage time. I wrote the date on marriage certification to the data we started separation. Also, I uploaded my separation agreement as additional document. I think I don't have any misrepresent. When I applied my EE, I asked my family lawyer, my family lawyer said he was no longer you family member when you separate. So I didn't fill any family member information. So what should I do? Thanks

 

[Rob_TO]

We are not divorced yet even it already over 1 year separation time. Neither of us applied divorce application to the court.
The EE system only ask me what is my marital status and I choose legally separated and how long the marriage time. I wrote the date on marriage certification to the data we started separation. Also, I uploaded my separation agreement as additional document. I think I don't have any misrepresent. When I applied my EE, I asked my family lawyer, my family lawyer said he was no longer you family member when you separate. So I didn't fill any family member information. So what should I do? Thanks

Most likely if you apply to sponsor, the app would be rejected by initial visa officer under the excluded family member rule since you were still married on paper when you landed.

If you wanted to pursue it further, you would probably need to go through couple years of appeal process to argue your case in court of being legally separated at time of landing.

This is just my opinion though of what would happen. In any case I foresee lots of difficulty.

 

[char1es]

Most likely if you apply to sponsor, the app would be rejected by initial visa officer under the excluded family member rule since you were still married on paper when you landed.

If you wanted to pursue it further, you would probably need to go through couple years of appeal process to argue your case in court of being legally separated at time of landing.

This is just my opinion though of what would happen. In any case I foresee lots of difficulty.

We signed the separation agreement and at the moment I landing we still separated cause we still live apart and didn't find our family lawyer to do the reconcile. You mean he has already been counted as excluded family member. THanks

 

[Aquakitty]

We signed the separation agreement and at the moment I landing we still separated cause we still live apart and didn't find our family lawyer to do the reconcile. You mean he has already been counted as excluded family member. THanks

When you filled out your PR application, did you put in "legally separated" on the forms?

Actually, I don't think it matters. If you put legally separated and provided the documentation, I assume they weren't medically examined, so they are not considered members of the family class and you can't sponsor them.

 

[char1es]

When you filled out your PR application, did you put in "legally separated" on the forms?

Yes, I choose legally separated and submitted my separation agreement as additional document which was signed by two family lawyers.

 

[Aquakitty]

Yes, I choose legally separated and submitted my separation agreement as additional document which was signed by two family lawyers.

They weren't medically examined though, right?

Read this:

Separated spouse
Where a spouse was not examined as part of the application for permanent residence because
the applicant and spouse were separated and examination was not required, the spouse cannot
later be sponsored as a member of the family class by virtue of their relationship to the sponsor.
This was true under R4(2) of the previous legislation and it is still valid under R117(9)(d) of the
current legislation. To preserve the option

I assume the separation itself means you are saying they are not members of the family class. If she was examined, then you can sponsor her. If not, you are out of luck, except for possible H&C.

 

[char1es]

They weren't medically examined though, right?

Read this:

Separated spouse
Where a spouse was not examined as part of the application for permanent residence because
the applicant and spouse were separated and examination was not required, the spouse cannot
later be sponsored as a member of the family class by virtue of their relationship to the sponsor.
This was true under R4(2) of the previous legislation and it is still valid under R117(9)(d) of the
current legislation. To preserve the option
She is not examined. There is only H&C can help and I assume the success rate of H&C is really low, right?

I assume the separation itself means you are saying they are not members of the family class. If she was examined, then you can sponsor her. If not, you are out of luck, except for possible H&C.

 

[Aquakitty]

I don't know. I do know the process would be long. This is where a lawyer should get involved. She has to be in Canada for H&C though.