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neha8862

Newbie
Jul 12, 2016
3
0
Hi there,


I want to apply PR to Canada. I am separated from my husband. I have my son living with me. I want to know, what should I put my status in my application? Married or separated? if separated, what documents would I need? My husband will never allow me to go. My son is dependent on me. I have a affidavit of my child that he is dependent on me. I am also about to file a divorce case. I live in India, so divorce will take years.

Will I need my child custody document from court as well or affidavit from magistrate is enough?

Can anyone help me regarding the documents I would need? and how to fill up the application.


Regards
Neha
 
You can say you are separated. CIC will likely ask for legal proof that you are separated, so you should start divorce proceedings so that you can provide this as legal proof. The divorce doesn't have to be finalized - the papers just have to be filed.

Note that you will need your husband's permission to take your son with you to Canada. An affidavit that your child is dependent on you has no value. Your husband will need to give his permission for the child to be taken out of your home country.
 
Will I need my child custody document from court
If only you can get FULL custody from court it will help. If you husband has a joint custody or visitation rights- it will not work for CIC without his consent letter.
 
scylla said:
You can say you are separated. CIC will likely ask for legal proof that you are separated, so you should start divorce proceedings so that you can provide this as legal proof. The divorce doesn't have to be finalized - the papers just have to be filed.

Note that you will need your husband's permission to take your son with you to Canada. An affidavit that your child is dependent on you has no value. Your husband will need to give his permission for the child to be taken out of your home country.

so, I'll need to fill up my marital status as " separated" or " married " in Application? Also, Does it ask any reason when excluding husband from application?

Currently, I have divorce case going on in court. Is it confirmed that divorce proceedings is considered as separated?

His father will never give permission. I will get a full custody of child from court as he doesn't want to live with his father. He is 14 years old. In that case I won't need his permission If i get a full custody from court.

I guess, the best thing would be to wait till I get custody before filling up my application. I was about to fill my PR next month.
 
Good luck with your application.
Please contact one of the forum members named prayer who also went through similar problems. She is the best source of information.
http://www.canadavisa.com/canada-immigration-discussion-board/profiles/prayer-u181118.html

Send her message... I think now she has got her PR and now in Canada..