Hello! I need help please.. I am a live-in caregiver from the Philippines and will apply for an OWP and PR on November. I have been separated from my husband since 2003. During my applicattion here in Canada in 2008, I still applied as married since we are not legally separated or annuled. Even in my income tax, my marital status is married. I tried having my husband signed a separation agreement before but he refused. Since there is no divorce in the Philippines, I filed a divorce here recently and my lawyer said the decision wont come out til November. I read this from IP4 (Processing Live-in Caregivers)
9.14. Family members not subject to examination
Separated spouses, former common-law partners and children in the custody of a separated
spouse or former spouse or common-law partner do not need to be examined.
Applicants must provide written evidence of the breakdown of their relationship:
• formal separation agreement;
• letter from a lawyer indicating that divorce proceedings are underway;
• court order in respect of children identifying the fact of the relationship breakdown;
• documents removing the spouse or common-law partner from insurance policies or will;
• statutory declaration in the case of countries where legal separation and divorce are not possible, e.g.,
the Philippines. To be satisfied that the relationship has truly broken down, the officer may consider
supporting evidence such as:
♦ evidence that the separated spouse is living with or has children with another partner;
♦ income tax returns showing status as separated.
CPC should review CAIPS notes from the initial work permit application at the visa office to see if
the visa officer confirmed the applicant’s marital status. CPC may ask the visa office to confirm or
discredit the statutory declaration or other information provided by the applicant concerning their
marital status.
Note: It is important to distinguish between “separated” spouses or former common-law partners and
“uncooperative” spouses or common-law partners. The former need not undergo examination; the
latter must undergo examination, without which the live-in caregiver’s application for permanent
residence in Canada may have to be refused.
My questions are ,
1. Do i have to provide all these documents? Do i still need a formal separation agreement? I am afraid that I may not provide this since my husband had previously refused signing this.
2. Is divorce certificate enough to prove that the marriage is genuinely over? Some people advised me to just include him in my application and then later on divorve him here once he landed. But that would be misrepresentation and I don't want to do that.
3. If I still need to submit a statutory declaration, i do not have an idea on how to do it. Does it have to be notarized to be recognized by CIC?
Please anyone help me? This is absolutely driving me crazy. I am in the dark cloud.. please shed some light?? Million thanks!!
9.14. Family members not subject to examination
Separated spouses, former common-law partners and children in the custody of a separated
spouse or former spouse or common-law partner do not need to be examined.
Applicants must provide written evidence of the breakdown of their relationship:
• formal separation agreement;
• letter from a lawyer indicating that divorce proceedings are underway;
• court order in respect of children identifying the fact of the relationship breakdown;
• documents removing the spouse or common-law partner from insurance policies or will;
• statutory declaration in the case of countries where legal separation and divorce are not possible, e.g.,
the Philippines. To be satisfied that the relationship has truly broken down, the officer may consider
supporting evidence such as:
♦ evidence that the separated spouse is living with or has children with another partner;
♦ income tax returns showing status as separated.
CPC should review CAIPS notes from the initial work permit application at the visa office to see if
the visa officer confirmed the applicant’s marital status. CPC may ask the visa office to confirm or
discredit the statutory declaration or other information provided by the applicant concerning their
marital status.
Note: It is important to distinguish between “separated” spouses or former common-law partners and
“uncooperative” spouses or common-law partners. The former need not undergo examination; the
latter must undergo examination, without which the live-in caregiver’s application for permanent
residence in Canada may have to be refused.
My questions are ,
1. Do i have to provide all these documents? Do i still need a formal separation agreement? I am afraid that I may not provide this since my husband had previously refused signing this.
2. Is divorce certificate enough to prove that the marriage is genuinely over? Some people advised me to just include him in my application and then later on divorve him here once he landed. But that would be misrepresentation and I don't want to do that.
3. If I still need to submit a statutory declaration, i do not have an idea on how to do it. Does it have to be notarized to be recognized by CIC?
Please anyone help me? This is absolutely driving me crazy. I am in the dark cloud.. please shed some light?? Million thanks!!
