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Citizenship and separation/divorce Issue

J

Jack-Can

Star Member
Aug 8, 2018
184
29
Hi All,

I am eligible for Canadian citizenship and planning to apply for Citizenship soon.
However, due to some personal issues, my marriage is not good and kind of going in very bad shape.
Although I sponsored my spouse of PR, my spouse came to Canada without sharing any single information with Me and My Family.
My spouse informed me a week after the landing.
My question, because I don't know any sort of Plan my spouse and their family has, So If I apply for Citizenship, in between there will be case of Separation or Divorce or any false case put by my spouse, against me will it cause the problem to my citizenship process?
Or What should I need to do?

PS :: Me and My spouse are not living together since my spouse is in Canada ( for 2 months now )
 
GokulGuruprasad

GokulGuruprasad

Hero Member
Oct 26, 2015
615
246
Toronto, ON
Category........
FSW
Jack-Can said:
Hi All,

I am eligible for Canadian citizenship and planning to apply for Citizenship soon.
However, due to some personal issues, my marriage is not good and kind of going in very bad shape.
Although I sponsored my spouse of PR, my spouse came to Canada without sharing any single information with Me and My Family.
My spouse informed me a week after the landing.
My question, because I don't know any sort of Plan my spouse and their family has, So If I apply for Citizenship, in between there will be case of Separation or Divorce or any false case put by my spouse, against me will it cause the problem to my citizenship process?
Or What should I need to do?

PS :: Me and My spouse are not living together since my spouse is in Canada ( for 2 months now )
Click to expand...
I was in a situation where I went through a divorce after landing here with my spouse. My sympathies are with you buddy!
In my case, I attached and sent them a copy of my divorce certificate issued by the Ontario Court as an additional bit of information along with my citizenship application. I also attached a letter with the application explaining that I'd gotten divorced after my PR landing (which I'd done with my wife).

My advise in this case is to be transparent and open about your situation and attach a covering letter with your application explaining your situation.
In your case, it sounds like your wife is not living with you currently. Hence, in this case you can claim to be "Separated". Though it up for debate whether you're legally separated or not.

If you haven't been living in the same house for over a year, then you can claim that she's estranged and hence "legally separated", but please do check this with a lawyer. Also, writing a letter of explanation to explain your choice of marital status with the application is not a bad idea.
 
S

SeanTor

Star Member
Aug 23, 2020
110
25
GokulGuruprasad said:
First, there really is no such thing as filing for ‘legal separation’ in Canada. You are legally separated as soon as you and your spouse are ‘living separate and apart’. However, the term ‘legal separation’ is commonly used to describe the contract that is created between two spouses at the time of their separation.

https://divorce-canada.ca/marriage-separation-in-canada
Click to expand...
The citizenship application clearly asks, if you are married or legally separated. I believe if you check legally separated box, then you have to show a document to prove it. It seems @Jack-Can hasn't applied for divorce yet. So his answer should be married. I would suggest, not put to unnecessary document explaining your situation. Just mark married and if you file for divorce before filling the application, mark legally separated and attach divorce application.
 
GokulGuruprasad

GokulGuruprasad

Hero Member
Oct 26, 2015
615
246
Toronto, ON
Category........
FSW
SeanTor said:
The citizenship application clearly asks, if you are married or legally separated. I believe if you check legally separated box, then you have to show a document to prove it. It seems @Jack-Can hasn't applied for divorce yet. So his answer should be married. I would suggest, not put to unnecessary document explaining your situation. Just mark married and if you file for divorce before filling the application, mark legally separated and attach divorce application.
Click to expand...
NO! There is no such document to prove "legally separated" in Canada. The test is pretty much whether you've been living in the same household or not. Listening to his scenario, he seems to fit all the criteria for "legally separated"; claiming to be "Married" would be misrepresentation.
 
S

SeanTor

Star Member
Aug 23, 2020
110
25
GokulGuruprasad said:
NO! There is no such document to prove "legally separated" in Canada. The test is pretty much whether you've been living in the same household or not. Listening to his scenario, he seems to fit all the criteria for "legally separated"; claiming to be "Married" would be misrepresentation.
Click to expand...
There are previous threads on this forum as well pertaining to this topic. There are split views on this topic. You can call ircc and ask for their opinion as well. The word legally is added in the citizenship form, every word has a meaning, they could have just kept word seperated, instead they added word legally as prefix. Hence if you are selecting this option then you have to prove it i.e you have applied for divorce but it's awaited or attach your separation agreement as proof.
 
Last edited:
GokulGuruprasad

GokulGuruprasad

Hero Member
Oct 26, 2015
615
246
Toronto, ON
Category........
FSW
SeanTor said:
There are previous threads on this forum as well pertaining to this topic. There are split views on this topic. You can call ircc and ask for their opinion as well. The word legally is added in the citizenship form, every word has a meaning, they could have just kept word seperated, instead they added word legally as prefix. Hence if you are selecting this option then you have to prove it i.e you have applied for divorce but it's awaited or attach your separation agreement as proof.
Click to expand...
Which part of the following statement is unclear?
"First, there really is no such thing as filing for ‘legal separation’ in Canada. You are legally separated as soon as you and your spouse are ‘living separate and apart’."

My first post also told him to consult with a lawyer as only they can advise him on specifics.
You advised him to state that he was "married" even though from his post that is not the case; that is clearly misrepresentation.
 
S

SeanTor

Star Member
Aug 23, 2020
110
25
GokulGuruprasad said:
Which part of the following statement is unclear?
"First, there really is no such thing as filing for ‘legal separation’ in Canada. You are legally separated as soon as you and your spouse are ‘living separate and apart’."

My first post also told him to consult with a lawyer as only they can advise him on specifics.
You advised him to state that he was "married" even though from his post that is not the case; that is clearly misrepresentation.
Click to expand...
I guess that's your way of interpretation. If you write married or legally separated, there should be a supporting document for you to prove it, if asked. It's better to ask the ircc and/or lawyer rather than misinterpreting things.
 
J

Jack-Can

Star Member
Aug 8, 2018
184
29
Thank you so much , Guys for your inputs.
Who Should I reach to for this matter ? Immigration Lawyer or Family Lawer ?
 
L

localhost8100

Star Member
Aug 29, 2019
137
36
GokulGuruprasad said:
I was in a situation where I went through a divorce after landing here with my spouse. My sympathies are with you buddy!
In my case, I attached and sent them a copy of my divorce certificate issued by the Ontario Court as an additional bit of information along with my citizenship application. I also attached a letter with the application explaining that I'd gotten divorced after my PR landing (which I'd done with my wife).

My advise in this case is to be transparent and open about your situation and attach a covering letter with your application explaining your situation.
In your case, it sounds like your wife is not living with you currently. Hence, in this case you can claim to be "Separated". Though it up for debate whether you're legally separated or not.

If you haven't been living in the same house for over a year, then you can claim that she's estranged and hence "legally separated", but please do check this with a lawyer. Also, writing a letter of explanation to explain your choice of marital status with the application is not a bad idea.
Click to expand...
Kinda late to the party. I have recently filed for divorce. Still have 2 more years to be eligible for citizenship.

Were you able to get citizenship without any issues?
 
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GokulGuruprasad

GokulGuruprasad

Hero Member
Oct 26, 2015
615
246
Toronto, ON
Category........
FSW
Vmo03 said:
Hi I am in same situation as you, what did you do? Did you inform the IRCC about your situation or did you just continue with your application as married?
Click to expand...
I gave them a copy of the divorce certificate along with my citizenship application.
No further questions were asked.
 
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