Individual PR, Spouse Not Divorced and Not Living with Spouse

[Ana Krishna]

Hi,

I am not living with my spouse (not legally separated) and have no plan to accompany him in future too.

So I may not be able to get his medical check up or any new documents related to him, as he is not in talking terms with me.

How can I apply for Canada PR.

 

[zardoz]

Hi,

I am not living with my spouse (not legally separated) and have no plan to accompany him in future too.

So I may not be able to get his medical check up or any new documents related to him, as he is not in talking terms with me.

How can I apply for Canada PR.

Firstly, you posted the question in the wrong area of the forum. Try under the specific immigration class that you are considering. Secondly, you will almost certainly have to divorce or legally separate before IRCC will accept an application that doesn't reference your spouse. It *can* be done under extreme circumstances but it's not easy.

 

[Ana Krishna]

Firstly, you posted the question in the wrong area of the forum. Try under the specific immigration class that you are considering. Secondly, you will almost certainly have to divorce or legally separate before IRCC will accept an application that doesn't reference your spouse. It *can* be done under extreme circumstances but it's not easy.

thank you for the response, But i read somewhere in the same forum that "CIC/Canada views a couple as separated if there has been a breakdown in the relationship and the couple has not lived together for over a year, so by CIC standards you are legally separated... "

So what it may mean?

 

[scylla]

If you want to exclude your spouse from your application completely - then you must provide some sort of legal paperwork to prove you are no longer together. This can be a document that proves you have legally separated. It can be a finalized divorce. Or it can be paperwork to prove a divorce has been filed with the courts (but not finalized).

Otherwise your spouse must complete and pass the medical in order for you to be approved for PR.

 

[zardoz]

thank you for the response, But i read somewhere in the same forum that "CIC/Canada views a couple as separated if there has been a breakdown in the relationship and the couple has not lived together for over a year, so by CIC standards you are legally separated... "

So what it may mean?

I have been unable to corroborate the reference to "over one year" from anywhere on the IRCC web site. However, it may be that supporting documentation is now required for claiming a status of "legally separated". See http://www.cic.gc.ca/english/resources/tools/perm/express/intake-complete.asp

Divorce certificate and legal separation agreement
Purpose

To validate marital status claims

Document requirements

The divorce certificate is requested only when marital status is listed as divorced.
If the applicant divorced in Canada, a copy of the divorce order or certificate of divorce issued by the province or territory where the divorce took place must be provided.
If the applicant divorced outside Canada, a copy of a legal certificate issued by the country, the territory or the region where the divorce took place must be provided.
A copy of the legal separation agreement must be provided, if available.

Individuals who must submit this documentation

The principal applicant
Their spouse or common-law partner

I suspect that the "over one year" reference is related to the minimum period of separation before you can file for most divorces.

 

[hamiltondreamer]

Hi,

I am not living with my spouse (not legally separated) and have no plan to accompany him in future too.

So I may not be able to get his medical check up or any new documents related to him, as he is not in talking terms with me.

How can I apply for Canada PR.

I got the following details from th CIC website. You may send a detailed LOE to explain separation by showing social media post, place of residence, bank statements to show no transaction between parties, emails stamps to show no communication for a long period. Things like that would totally work.
Documents related to the e-APR not captured in other fields
Purpose
To allow the applicant to provide IRCC with any other information they feel is relevant to their application
Document requirements
Submission of this documentation is at the applicant’s discretion.
One upload field is provided for each of the applicant, their spouse or common-law partner and their dependent children, as applicable.
Multiple documents must be compiled and uploaded as a single file.
This should be used to provide documentation to support a declaration of status as “legally separated” (e.g., a letter of explanation, legal documents, etc), if applicable.
This should be used to submit the Authority to Release Personal Information to a Designated Individual form [IMM 5475 (PDF, 593.57 KB)], if applicable.
This field should be used to provide documentation to support a claim of disability and provision of accommodations (e.g., documentation to support notionalized language test scores for an applicant with physical or mental disabilities who cannot complete language testing in one or more abilities).
Individuals who must submit this documentation
The principal applicant
Their spouse or common-law partner
Their dependent children

 

[Ana Krishna]

Thank you hamiltondreamer, I will check the LOE option.

Actually I dont want to be divorced and he is not ready to live with me as of now. So keeping that situation I can neither provide Divorce documents nor his documents. So I will explore the options of LOE and see if this could help me submit for PR.

Thanks again for the information.

 

[MUSTAFACAN]

Hi,

I am not living with my spouse (not legally separated) and have no plan to accompany him in future too.

So I may not be able to get his medical check up or any new documents related to him, as he is not in talking terms with me.

How can I apply for Canada PR.

Did you already applied? If you want to apply then you can just apply for yourself. Not necessary to include spouse in the application.

 

[Buletruck]

Not necessary to include spouse in the application.

This would be bad advice. Not including what is technically your legal spouse would be misrepresentation. Unless you have the proof you are separated or divorced, that could be misconstrued as living on the application....overall a bad idea.

 

[MUSTAFACAN]

This would be bad advice. Not including what is technically your legal spouse would be misrepresentation. Unless you have the proof you are separated or divorced, that could be misconstrued as living on the application....overall a bad idea.

What i meant is she can apply PR for herself only.....it doesnt mean she misrepresent about her marital status....

Its not compulsory that spouse also should apply or included in PR application

 

[Ana Krishna]

I haven't applied yet... But the site says that if I am married, I need to provide his documents too even if I am applying as an individual. The only document I can be able to provide is Marriage certificate... I cant provide his education related documents. I really wish to live with him later... So I cant apply for divorce and get divorce document too.... And one of the main reason I am applying for Canada PR is that I could get closer to him to convince him back, as he is in northern side of United States.

 

[scylla]

I haven't applied yet... But the site says that if I am married, I need to provide his documents too even if I am applying as an individual. The only document I can be able to provide is Marriage certificate... I cant provide his education related documents. I really wish to live with him later... So I cant apply for divorce and get divorce document too.... And one of the main reason I am applying for Canada PR is that I could get closer to him to convince him back, as he is in northern side of United States.

In order for your PR application to be approved, it's required that he provide mandatory documents such as the police certificates, copy of his passport, birth certificate, complete the medical, etc.

Without this, your application cannot be approved - even if he's non-accompanying.

 

[zardoz]

I haven't applied yet... But the site says that if I am married, I need to provide his documents too even if I am applying as an individual. The only document I can be able to provide is Marriage certificate... I cant provide his education related documents. I really wish to live with him later... So I cant apply for divorce and get divorce document too.... And one of the main reason I am applying for Canada PR is that I could get closer to him to convince him back, as he is in northern side of United States.

You will never be able to sponsor your spouse if you formally exclude him from the application, such that he is not medically examined. You are in an impossible situation if you want to immigrate to Canada without his cooperation AND you want to retain the option to sponsor him in the future. You can't do it.

 

[Sabash]

Hi,
I am in difficult Condition.
I came to canada in Feb and my Husband n i am married for 2 and Half year now. When i applied we were just married.
So i m on Conditional PR and get pregnant in March itself after coming here. Now my Husband Blackmail me of leaving me n Divorcing me every other day.
I dont have job as i just arrived n got pregnant with difficult months of continues Vomiting.
My husband think i m useless and not even working and daily criticize me. Dont know what to do as i dnt know anyone here living in small city of Milton where job is mostly of General Labour where need to carry 50pounds which i cant.
Can somebody help me what to do if he left me with unborn baby having conditional PR. I cant even go back to India because of my parents embarrasment.Just stuckup with no Direction.
I dont knw what i m goin through if it is abuse or just Mental torture where i m told to be useless daily and with blackmailing n screaming during this crucial pregnancy.

Please please someone help me with solution.
Right now i dnt want to leave my husband bcoz hw i will manage pregnancy alone if he leaves me.
Can somebody suggest something?

 

[dpenabill]

Even in a city the size of Milton there should be some community based organizations providing assistance, counseling, or such, that could help you generally and perhaps direct you to other sources for help relative to your immigration situation.

Abuse is a defense to enforcement of Condition 51.

I am not personally familiar with services in your area. Among those readily found on the Internet is the Halton Women’s Place (serving Burlington, Milton, & Oakville, with one location specifically in Milton), which says it is an organization providing shelter and crisis services for physically, emotionally, financially and sexually abused women and their dependent children and is dedicated to ending violence against women and their children.

see http://haltonwomensplace.com/about-hwp/

They list the following telephone numbers:
905-878-8555
905-332-7892

Among the services they provide is reference to other support services as necessary. My guess is this should include immigrant counseling or such.

Probably start by calling their help line at the numbers above.

First priority is to protect yourself and your unborn child.

Hi,
I am in difficult Condition.
I came to canada in Feb and my Husband n i am married for 2 and Half year now. When i applied we were just married.
So i m on Conditional PR and get pregnant in March itself after coming here. Now my Husband Blackmail me of leaving me n Divorcing me every other day.
I dont have job as i just arrived n got pregnant with difficult months of continues Vomiting.
My husband think i m useless and not even working and daily criticize me. Dont know what to do as i dnt know anyone here living in small city of Milton where job is mostly of General Labour where need to carry 50pounds which i cant.
Can somebody help me what to do if he left me with unborn baby having conditional PR. I cant even go back to India because of my parents embarrasment.Just stuckup with no Direction.
I dont knw what i m goin through if it is abuse or just Mental torture where i m told to be useless daily and with blackmailing n screaming during this crucial pregnancy.

Please please someone help me with solution.
Right now i dnt want to leave my husband bcoz hw i will manage pregnancy alone if he leaves me.
Can somebody suggest something?