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CEC application not including husband

lenxdiary

Member
Aug 4, 2009
14
0
Hi! Is it possible if i only include my daughter in my CEC application? My husband is here in canada but we dont stay in one house. Thanks
 

rboughton

Star Member
Jun 4, 2011
100
2
BC Canada
Category........
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Ottawa
NOC Code......
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Job Offer........
Pre-Assessed..
App. Filed.......
19-11-2012
AOR Received.
15-01-2013
Med's Request
22-10-2013
What is your husband's status in Canada?
 

SenoritaBella

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Jan 2, 2012
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18-09-2013
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The forms ask if you have a spouse or a former spouse, so you still to mention him in the application. However, he can be listed as "non-accompanying" and provide the reason why. You say you don't live in the same house, does that mean you are separated?

His spousal open work permit depends on your own status, so if you guys are separated, what does this mean for him?
 

CIC_is_slow

Newbie
Aug 20, 2012
7
0
SenoritaBella said:
His spousal open work permit depends on your own status, so if you guys are separated, what does this mean for him?
Yet another reason why CIC is fighting hard fraudulent weddings...consequence of this: the ressources they may allow to speed up the process for applicants in the economic class are used to fight cases like this.

PS I dont care if i sound rude, but this is a voice of a frustrated hard working person.
 

SenoritaBella

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Most of us are hardworking too but there is something called real life. The question was meant to draw the OP's attention to that fact in case it had not been considered and possible solutions(legal ofcourse), nothing else. By the way, there are options for him to stay in Canada legally with a work permit independent of her own status.

CIC_is_slow said:
Yet another reason why CIC is fighting hard fraudulent weddings...consequence of this: the ressources they may allow to speed up the process for applicants in the economic class are used to fight cases like this.

PS I dont care if i sound rude, but this is a voice of a frustrated hard working person.
 

lenxdiary

Member
Aug 4, 2009
14
0
CIC_is_slow said:
Yet another reason why CIC is fighting hard fraudulent weddings...consequence of this: the ressources they may allow to speed up the process for applicants in the economic class are used to fight cases like this.

PS I dont care if i sound rude, but this is a voice of a frustrated hard working person.
That accusation is so strong mr or ms cic_is_slow. We are 6 years married with a daughter. However, when i took them both our relationship started to crumble. Were you there to witness how our relationship is about to sink? Were you there during the nights that i cried in despair? Were you there how hard i worked to get things straight?

Yet another reason why people like you should be frustrated in life
 

computergeek

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Jan 31, 2012
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lenxdiary said:
Hi! Is it possible if i only include my daughter in my CEC application? My husband is here in canada but we dont stay in one house. Thanks
You must declare your husband on your application.

If your relationship has ended, you may indicate that fact on your application. However, if you later wish to sponsor your spouse, it is extremely likely that the VO will refuse your application because your husband is not a member of the family class. An appeal to IAD is very limited in such a case because they cannot extend H&C considerations to such a finding. They may only overturn it if there is an error in law or process.

If you are merely living apart for the time being, your husband should be included in your application as well so that you may all be examined and land together.
 

lenxdiary

Member
Aug 4, 2009
14
0
computergeek said:
You must declare your husband on your application.

If your relationship has ended, you may indicate that fact on your application. However, if you later wish to sponsor your spouse, it is extremely likely that the VO will refuse your application because your husband is not a member of the family class. An appeal to IAD is very limited in such a case because they cannot extend H&C considerations to such a finding. They may only overturn it if there is an error in law or process.

If you are merely living apart for the time being, your husband should be included in your application as well so that you may all be examined and land together.
Thanks for the reply. If i were to include him in the application and indicate that our relationship has ended, would he be immigrant too? Sorry for the trouble, i am just really confused.
 

ujbaby

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May 21, 2011
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lenxdiary said:
Thanks for the reply. If i were to include him in the application and indicate that our relationship has ended, would he be immigrant too? Sorry for the trouble, i am just really confused.
if ur no longer living with ur spouse, u still have to include ur marriage certificate and under the additional family information (IMM 5406) , u have to write his name bracket ex spouse and write separated under marital status. make it known to the VO otherwise they will think that ur immigrating with ur spouse. u have to include a written explanation and declare that that ur husband is not accompanying and ur currently separated. u also need to obtain a separation declaration form (IMM 5604), completed and signed by ur husband. in this form, ur husband gives u his consent to immigrate to canada with ur daughter( i am not sure if it is neccessary since all of u are here in canada), u might as well find out from a lawyer or senior members here. i was in the similar situation but my kids are still back home, so what i did was to travel backhome and obtain signed consent from my ex-spouse.
 

computergeek

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lenxdiary said:
Thanks for the reply. If i were to include him in the application and indicate that our relationship has ended, would he be immigrant too? Sorry for the trouble, i am just really confused.
No, he wouldn't be an immigrant in that case. As someone else suggested, make clear to the VO that you are separated and ensure you can demonstrate your husband's permission to bring your child to Canada or prove that a court has given you sole custody.