Confusion between "Separated" & "Legally Separated"

[lovekumar86]

I am separated and I am on peace bond for 1 year till April 25th 2020 and court has ordered for divorce proceedings based on separation ( which i will get on Aug 6th 2019 as per one year separation rule). I have selected legally separated. There is a question that how many family members do you have? Should I mention 1 or 2. I have selected 2 but not sure. If it is 2, then should I show her fund as well as I am on peace bond and there is a no contact order. There is no way I can be in touch with her. Please advise as soon as possible friends.

 

[lovekumar86]

Divorced means you have a certificate of divorce. Legally separated means you are still married but have some sort of separation agreement or other documentation for separation, or in some jurisdictions, have been separated for a sufficient amount of time.

If you are separated, you have no divorce certificates.

Hi sir, in case of separation, how many family members do you have? what's the answer? 1 or 2. If it is 2, do I need to show her proof of fund. Please advise. My situation is as follows:

I am separated and I am on peace bond for 1 year till April 25th 2020 and court has ordered for divorce proceedings based on separation ( which i will get on Aug 6th 2019 as per one year separation rule). I have selected legally separated. There is a question that how many family members do you have? Should I mention 1 or 2. I have selected 2 but not sure. If it is 2, then should I show her proof of fund as well as I am on peace bond and there is a no contact order. There is no way I can be in touch with her. Please advise as soon as possible.

 

[Rahul4421]

Hi,
Can anybody pls suggest if someone can mention himself as legally separated if both the husband and wife has done mutual agreement for separation but not been divorced yet.

As they have just decided to live apart and have got document from lawyer also and they need to appear again after 6 months in order to get divorce

So can anybody pls suggest me if still he can mention himself as legally separated if he has lawyer’s document mentioning that they have decided to live apart with their own will and husband has also paid some lump sum amount to wife

 

[canuck_in_uk]

Hi,
Can anybody pls suggest if someone can mention himself as legally separated if both the husband and wife has done mutual agreement for separation but not been divorced yet.

As they have just decided to live apart and have got document from lawyer also and they need to appear again after 6 months in order to get divorce

So can anybody pls suggest me if still he can mention himself as legally separated if he has lawyer’s document mentioning that they have decided to live apart with their own will and husband has also paid some lump sum amount to wife

Yes, you are legally separated.

 

[K_Pandey]

Same boat. Married but case is still pending and About to file EE.HELP NEEDED

 

[mr.preetsingh]

Same boat. Married but case is still pending and About to file EE.HELP NEEDED

You can use the acknowledgement that you have received from court when you submitted your Divorce case.

 

[Serenity.09]

Hi,

I am legally married but not divorced. Since last 6 months me and my wife are living separately. We do not have any legal separation or court order to stay away from each other.. Instead we only did a small signed agreement between 2 of us to declare our separation.

I am the only applicant and my wife is not joining me in Canada so I have selected 'Legally Separated' during express entry application and Visa application.

Does it make any difference?

Hi,

I have applied aswel and i am at an initial stage but the problem I am facing is that my husband is not even ready to consider Medical and PCC but also divorce.
He is not in contact with me and we have separated our ways since 2-3 months now.
In India there is no such document as a legally separation document.
To apply for a mutual consent divorce,, 1 year of separation period needs to be completed. - According to Hindu marriage Act. It has been just 3 months that we are separated and I will get an invite soon.
Problem here is that my husband doesn't respond to any of my request for divorce or medical and PCC.
Normal divorce procedure takes approximately one to one and a half years in India.
I don't want to miss out on the opportunity because of this.
An affidavit from my end stating that "my husband is not supportive at all and I won't be sponsoring him to Canada ever in future" is enough or I need to have the divorce decree ?
He is not at all in touch with me and not responding to any of my requests for divorce aswel, I can't apply for divorce on my own because that procedure will take 2 to 3 years since it's not a mutual consent divorce.
Will the affidavit be enough ? I don't want my procedure to be on hold or get a rejection.
He is an utter inconvenience for my application because he knows I may either need his medical PCC or divorce decree.
I assume you are already at Canada.
Please help me out in this situation as how to proceed further.

 

[msinghster]

Hi,

I have applied aswel and i am at an initial stage but the problem I am facing is that my husband is not even ready to consider Medical and PCC but also divorce.
He is not in contact with me and we have separated our ways since 2-3 months now.
In India there is no such document as a legally separation document.
To apply for a mutual consent divorce,, 1 year of separation period needs to be completed. - According to Hindu marriage Act. It has been just 3 months that we are separated and I will get an invite soon.
Problem here is that my husband doesn't respond to any of my request for divorce or medical and PCC.
Normal divorce procedure takes approximately one to one and a half years in India.
I don't want to miss out on the opportunity because of this.
An affidavit from my end stating that "my husband is not supportive at all and I won't be sponsoring him to Canada ever in future" is enough or I need to have the divorce decree ?
He is not at all in touch with me and not responding to any of my requests for divorce aswel, I can't apply for divorce on my own because that procedure will take 2 to 3 years since it's not a mutual consent divorce.
Will the affidavit be enough ? I don't want my procedure to be on hold or get a rejection.
He is an utter inconvenience for my application because he knows I may either need his medical PCC or divorce decree.
I assume you are already at Canada.
Please help me out in this situation as how to proceed further.

Hi..

Have you got any answer.. I am also travelling in same boat.

 

[msinghster]

Hi,

I am legally married but not divorced. Since last 6 months me and my wife are living separately. We do not have any legal separation or court order to stay away from each other.. Instead we only did a small signed agreement between 2 of us to declare our separation.

I am the only applicant and my wife is not joining me in Canada so I have selected 'Legally Separated' during express entry application and Visa application.

Does it make any difference?

Hi..

I am also travelling in same boat... can you guide me please

 

[Serenity.09]

Hi..

Have you got any answer.. I am also travelling in same boat.

No my friend.. I am still trying to ask as many as I can.. haven't gotten anywhere so far.. I am worried and tensed right now.. tried speaking to the husband mean while but he is completely out of contact now and is not answering texts aswelll when asking for a divorce.. as medical and PCC is out of question.. it's a straight denail for medical and PCC..
Please let me know if you get to know anything at all about such situation..

 

[Kalmeshp]

Dear Experts,

I have submitted my e-APR with marital status as 'Legally Separated' as i was separated from my spouse and was not in contact with my spouse to submit any of my spouse's documents.Also i had not taken any legal action or filed a divorce to separate but was just living apart and not in good terms with my spouse to produce any of my spouse's documents had i chosen the marital status as 'Married'. I submitted such marital status because the definition of 'Legally Separated' in the CIC portal said as below -
"
Legally Separated: Separated means that two people are married but no longer living together, and they do not wish to live together again. They may be waiting for a divorce or have not yet decided to divorce. "

Next, CIC has requestd for Proof of separation now and i dont have any proof as we were simply living apart and no legal action taken yet.
However, In this meantime, i have reconciled with my spouse and we have started to live together again and that makes my marital status as 'Married'(technically it was always married), so to that CIC's request in place of proof of separation , i have submitted an affidavit declaring the facts that i have now reconciled with my spouse and requesting them to update my marital status to 'Married'. The application has been in 'submitted' status since then, it has been two months now and counting.

Should i just wait until next response of CIC ? Please advise how to go about further.

Thank you All!

 

[k.h.p.]

Yes, you need to just wait and see what they say.

 

[nematode]

It would be better if you mention married and not accompanying wife. She will have to appear for Medical and PCC. If she agrees, you will get PR alone.

It is a same case with me, but my spouse does not agree for the medical and PCC. In this case what should I do. Any help will be appreciated. Thanks.

 

[mr.preetsingh]

It is a same case with me, but my spouse does not agree for the medical and PCC. In this case what should I do. Any help will be appreciated. Thanks.

The spouse has to get Medical and PCC else, IRCC will refuse the application upfront. If you have a Divorce Certificate or a Acknowledgment of case submitted in court, then it can be managed.

 

[AliM007]

Hi

Ignore all of the above. In Canada, you are considered to be legally separated when you decide to live apart. There is no formal legal process to become separated. You can even still live in the same house and be legally separated.

My spouse is refusing to cooperate, do pcc, medical or biometrics. I am main applicant (OP) and he is RC in Canada. things are getting bad going through a breakdown. what is required to list the spouse as legally separated? is the spouse still required to do medical and biometrics if legally separated? I appreciate your input