Help PLS - EE - Marital status and family numbers

[emilywym]

Hey All,

I have a few questions when filling in EE application online.

1. Marital status: My husband and I have separated since Jan 2015, but we didn't sign any legal separation agreements, and we haven't filed for divorce yet. Should I select "Married" or "Legally Separated" for this part? Besides, he is a Canadian citizen, so he won't be included into my application anyways, but if I select "Married", what documents are required to submit for his side (e.g. his medical exam, his police certificate...) for EE and ONIP ? Or if I select "Legally Separated", is it necessary to get a legal separation agreements to prove that and what else do I need from his side? (It is just so frustrated, we don't contact with each other after we are physically separated, and now still not ready to do that )

2. Family: How many family members do you have? Should I select 1, which is just myself, or 2 (him and me, we don't have kids)? Is he still considered as my spouse or partner after we separated?

Thank you very much for all your help!!! :'(

 

[pfse]

You are not "legally separated" as no court order has been issued to formalize "legal separation". Therefore you are still married evren if you don't leave together. You can apply for PR, CIC will not ask for medical and police certificate of your husband as he is Canadian citizen.

P.S. On the other hand, according to wiki:
In Canada, the terms "legal separation" or "judicial separation" are often used informally to describe a situation of de facto separation, where the couple has formalized certain agreements or entered into a contract.
So maybe you can select "legally separated" if you can provide enough proofs that you are not leaving together. I think it doesn't really matter in your case as your husband is Canadian citizen and CIC doesn't need to deal with additional visa for your husband.

 

[emilywym]

Thank you very much. Since you mentioned about the court order, I missed some part for the real scenario, which makes my case more complicated. :'(
He was arrested for assault charges against me Dec 2014, and he wan't allowed to communicate with me or go close to any places I present. I moved out our place after that. On March 15, Ministry of Attorney General sent me a letter saying that The Crown Attorney withdrew the criminal charges and he entered into a Peace Bond. Would this be considered as a proof for "Legally separated"? I understand he won't be included into my application, but I don't want to miss-present my information to CIC.

Thanks again!

 

[pfse]

I don't think that assault charges would be enough to prove legal separation. It happened that couples reunated after assault charges and/or long separation. By Canadian low you are still married therefore I don't think that selecting "married" would be considered as misrepresentation. But maybe you should look for legal advise.

 

[emilywym]

Thank you so much, I really appreciate it!

 

[yelena]

from my point of view only.. first of all you need to file for divorce. After you file for divorce, you need to select separated and give proof you have filed for divorce.

if you are separated, giving all the circumstances, I think you need to sort this story out.
Anything else you choose will most likely mean that at some point you will need to contact him and get something from him ( proof of citizenship status for example). This way, you are proceeding with your application and sorting out another important issue in your life.

Simmilar things in my own life, made me have to deal with things I would normaly not do, perhaps even never.. So express entry or not, this might be a good trigger for you to resolve some issues in your life.

good luck

 

[cyronn]

Would strongly recommend you get professional legal counsel as you have valid legal issues. Will avoid needless hassles later on.

 

[Archi2]

I had the same problems as yours. I was separated from my husband when I applied for EE. But we hadn't filed for divorce at that time. When I got ITA I chose married. But I mentioned that my husband wouldn't accompany me to Canada because we've decided to get a divorce. When I continued and reached to attaching the documents, for married people the husband should take medical and you should attach all his documents like passport, national id card and etc... . As I didn't have access to his files and as I was sure that he wouldn't do any thing for me(As at the time we had so much trouble with each other). I did a reset on my profile and changed my marital status to separated. but in explanation letter I explained everything completely and sent all my documents.

As soon as I got a divorce which was 1 months before I got my ppr I opened a CSE file and attached my divorce papers. They accepted my case. As it was the whole truth and nothing but the truth . So as long as you are telling the truth you shouldn't be worried

 

[emilywym]

I had the same problems as yours. I was separated from my husband when I applied for EE. But we hadn't filed for divorce at that time. When I got ITA I chose married. But I mentioned that my husband wouldn't accompany me to Canada because we've decided to get a divorce. When I continued and reached to attaching the documents, for married people the husband should take medical and you should attach all his documents like passport, national id card and etc... . As I didn't have access to his files and as I was sure that he wouldn't do any thing for me(As at the time we had so much trouble with each other). I did a reset on my profile and changed my marital status to separated. but in explanation letter I explained everything completely and sent all my documents.

As soon as I got a divorce which was 1 months before I got my ppr I opened a CSE file and attached my divorce papers. They accepted my case. As it was the whole truth and nothing but the truth . So as long as you are telling the truth you shouldn't be worried

Thank you all for your help! He doesn't have the intention to file divorce now, and we are separated less than a year, but I am going to filing the divorce once meet one year requirement. At this moment, I only have his copy of Canadian passport, which I saved before, will it be enough when I present to CIC that why he doesn't need a medical exam or police certificate?

 

[pfse]

Thank you all for your help! He doesn't have the intention to file divorce now, and we are separated less than a year, but I am going to filing the divorce once meet one year requirement. At this moment, I only have his copy of Canadian passport, which I saved before, will it be enough when I present to CIC that why he doesn't need a medical exam or police certificate?

His passport copy and marriage certificate should be enough.
Good lack.

 

[emilywym]

His passport copy and marriage certificate should be enough.
Good lack.

Thanks, one more question: Does XXX have a relative who is a citizen or permanent resident of Canada? (The relative must be 18 or older and living in Canada.)
My brother is a PR, should I select "my spouse" or "Brother"? I want to select "my spouse" as this is a way to explain why he is not included into my application even I have selected "Married", but I am not sure if i could do that since we are separated.