Applying for PR under CEC - Status

[gracy016]

Hi!

I've been working here temporarily in Canada for 4yrs now and finally completed my 2yrs experience as a Skilled worker. I already took IELTS and had a band score of 7. I got married 2 years ago but wasn't able to change my status due to conflict while renewing my work permit and etc... I am now going to apply for PR but I got a personal problem with my marriage. Now, i don't know if i can apply as single or apply as married but can't seem to get my husband's attention to have his signature or other supporting documents that I need from him. Should I hire a lawyer stating I don't intend to include my husband? I don't know what to do. Is it hopeless? Will it slows down the process of my application?

I'll be waiting for your reply.

Thank you so much.

 

[Leon]

Are you currently separated from your husband? If you are, you can apply as separated and do not have to include him.

If you are not separated, you can not apply as a single person. You would have to apply as married and include your husband in your application. You could list him as non-accompanying and he would then not get PR but he would still need to have medicals and background checks so without his co-operation, you will have a problem.

 

[gracy016]

I'm not separated yet. Do you think it's possible to hire a lawyer about my case? If not, then I will never get the chance to become a PR.

 

[Leon]

If you have such a bad marriage that you do not want to include your husband on your PR application and he is not willing to be on it anyway, why are you not separated? Get your own apartment and move out, then you are separated.

 

[gracy016]

Oh what I meant is we're not separated legally but we both know that our marriage isn't working out anymore. He is working overseas and I worked here in Canada for 4yrs now that's why I wouldn't be able to reach him when I wanted to or he doesn't allow me to. I hope I could just apply without him.

 

[Leon]

Then make it a legal separation immediately. To do that, either google the laws in the province where you live or get a lawyer. In some provinces, there is no legal separation and you may be seen as legally separated just because you are not living together any more. In other provinces, you may have to fill out some paperwork to make it legal.

 

[rjessome]

There is no such thing as a "Legal Separation" in Canada. There are Separation Agreements which are legally binding having to do with property, custody and access of children, division of assets and liabilities, etc. However, they are NOT required to be considered separated. Here is a great article on this subject for Canada:

http://www.canadiandivorcelaws.com/legal-separation/

Pay particular attention to points #4 and #5.

For CIC's purposes, even though you are separated, you are still married. The marriage bond is only ended by divorce or death. You just list your husband as non-accompanying. Keep in mind that if he is not medically examined, if you two reconcile, you can never sponsor him.

 

[gracy016]

Thanks for the reply....

 

[gracy016]

Do I need proof if I declared my status as Legally Separated in my PR application?