Divorce Case

[Harish12222]

My divorce case is going on, the custody of my son is with my wife. She will not agree for any medical test and mutual legal separation agreement with me.
I want to apply for FSW case for immigration.
Can I apply it by showing my marital status as "Separated" ?
Does Canada Immigration department as for her medical as well ?

Please revert with valid answer to these questions....

 

[McSailor]

My divorce case is going on, the custody of my son is with my wife. She will not agree for any medical test and mutual legal separation agreement with me.
I want to apply for FSW case for immigration.
Can I apply it by showing my marital status as "Separated" ?
Does Canada Immigration department as for her medical as well ?

Please revert with valid answer to these questions....

I would seriously recommend that you consult a immigration lawyer. Wish you luck

 

[ciscoccie]

My divorce case is going on, the custody of my son is with my wife. She will not agree for any medical test and mutual legal separation agreement with me.
I want to apply for FSW case for immigration.
Can I apply it by showing my marital status as "Separated" ?
Does Canada Immigration department as for her medical as well ?

Please revert with valid answer to these questions....

If your divoce case is going on then its better you finalize that first before applying to avoid any confusions .

 

[engrted]

My divorce case is going on, the custody of my son is with my wife. She will not agree for any medical test and mutual legal separation agreement with me.
I want to apply for FSW case for immigration.
Can I apply it by showing my marital status as "Separated" ?
Does Canada Immigration department as for her medical as well ?

Please revert with valid answer to these questions....

1. for now I will suggest you put "legally seperated" which means that you are married, but no longer living with your spouse (source: check guide P7000) this will be the right thing to put if you have the documents granting her custody to your son , court hearings and also legal documents of your marriage certificate.
2. I agree with McSailor that you should deal with an immigration lawyer
3. If you apply as married, CIC will need just more than medical from your spouse.
4. @ciscoccie: divorce cases do not end so early especially when the other person is not co-operating.

 

[Harish12222]

Thanks Engertd!

To add one more fact that
I belongs to India and my marriage is not yet registered...

So i do not have marriage certificate and she will not gonna support in getting the marriage registered.

Can an affidavit (duly notarized thru Oath commissioner) from my side stating that "I am living separated with my wife and the custody of my son is also with her", would work here in terms of getting my case through Canada Immi department?

 

[engrted]

Thanks Engertd!

To add one more fact that
I belongs to India and my marriage is not yet registered...

So i do not have marriage certificate and she will not gonna support in getting the marriage registered.

Can an affidavit (duly notarized thru Oath commissioner) from my side stating that "I am living separated with my wife and the custody of my son is also with her", would work here in terms of getting my case through Canada Immi department?

1. you should read the guide to filling the application form for permanent residence in canada so that you will best describe your relationship
2. are you bothered about your wife/spouse/partner or your son or just yourself for this application?
3. i dont think the affidavit will fly.

 

[Anhhuy]

If you are legally separated (with separation agreement) your wife will not have to pass medical test and PCC, I think so.

 

[Harish12222]

I am bothered about me only, because I am planning this immigration only for me not for my wife and kid.

And to legally separated agreement, she will never go for this agreement.

I can only get the separation mentioned on an legal affidavit duly notarized by Oath Commissioner or Sub-Divisional Magistrate.
If this works then its good for me.

because if she come to know that I am going to have her medical and PCC for immigration, she will not support.

Please advice if some workaround with this situation can be done....!!

Thanks !

 

[engrted]

I am bothered about me only, because I am planning this immigration only for me not for my wife and kid.

And to legally separated agreement, she will never go for this agreement.

I can only get the separation mentioned on an legal affidavit duly notarized by Oath Commissioner or Sub-Divisional Magistrate.
If this works then its good for me.

because if she come to know that I am going to have her medical and PCC for immigration, she will not support.

Please advice if some workaround with this situation can be done....!!

Thanks !

then you have answered the question
apply alone as single applicant.
do not mention your wife or kid .which means you wont need their documents for anything nor will they be contacted for anything

 

[ciscoccie]

then you have answered the question
apply alone as single applicant.
do not mention your wife or kid .which means you wont need their documents for anything nor will they be contacted for anything

In case if OP is Indian, they have wife name on passport too. Thats what I heard .

 

[Harish12222]

Yes you are right, in my passport my wife name is mentioned...
so i can not apply as Single
any further workaround, please....

is there any possibility that, if I write a letter to Canadian Immigration department along with my scanned documents explaining my situation....

Would they consider this...?

 

[engrted]

Yes you are right, in my passport my wife name is mentioned...
so i can not apply as Single
any further workaround, please....

is there any possibility that, if I write a letter to Canadian Immigration department along with my scanned documents explaining my situation....

Would they consider this...?

cant you get a new passport and remove wife's name? sort that out with you passport issuing officers........show them documents

 

[Harish12222]

yea thats possible, but if incase she informs CIC office or Canadian embassy
then it will be fraud case against me
isnt it?


One more thing, I would like to add is:
Our marriage is not registered and we do not have govt. marriage certificate...
would this help me in showing "Single" legibly ?

Many Thanks for your quick responses !!

 

[zardoz]

then you have answered the question
apply alone as single applicant.
do not mention your wife or kid .which means you wont need their documents for anything nor will they be contacted for anything

DO NOT FOLLOW THIS ADVICE...

It's called misrepresentation and will get your application rejected and you banned from Canada for five years.
If you try to get round the issue by lying on your application, you will almost certainly be discovered, either now or in the future.
Even if you obtained PR status and even citizenship, they could be revoked for immigration fraud. It only takes someone to anonymously inform CIC....

 

[Harish12222]

If I go for work visa, then in that, would there any interference of my wife required ?

I mean to say, medical checkup and/or police verification..