Me and my wife came to canada in Nov 2019 on PR. My wife went back to India in Oct 2020 due to some family issues between us. She is India since then. I am using my marital status as Married for CRA and everywhere. Now she don't want to come back to Canada. She is physically separated for more than 2 years. I am not in mood to break my marriage in any case. There is no legal proceding, no legal documents of physical separation. I have applied for Citizenship application with my marital status as Married only. Is this considered as Separation ? Is this misrepresenation
Is this a Misrepresentaion for Canadian citizenship
- Thread starter jassrich
- Start date
Separated means that you have been living apart from your spouse or common-law partner because of a breakdown in the relationship for a period of at least 90 days.
Note
You are still considered to have a spouse or common-law partner if you were separated involuntarily and not because of a breakdown in your relationship. An involuntary separation could happen when one spouse or common-law partner is living away for work, school, or health reasons, or is incarcerated.
Once you have been separated for 90 days because of a breakdown in the relationship, the effective date of your separated status is the day you started living apart.
If you file your return before your 90-day separation period is over and that period includes December 31, enter your marital status as married or living common-law, as applicable.
If, after filing your return, you continue to live separate and apart from your spouse or common-law partner and you have been living this way for at least 90 days, you have to change you marital status to ''separated'' using the first day of the 90-day period as your date of separation. Complete and send Form RC65, Marital Status Change to the CRA.
Note
You will also have to file an amended return to adjust your entitlement for any credits claimed or to apply for credits that you may not have been entitled to when you were married or living common-law.
Brother you can just submit webform that you are separated from your spouse from last 2 years. Not a big issue. It’s not considered misrepresentation.
Not updating IRCC and CRA about the status of your relationship is a big deal and a requirement. Yes not giving your accurate relationship status would be considered misrepresentation and in terms of CRA it would be tax fraud which is a crime. How did you and your spouse get PR? If she was sponsored or if you got PR together did you live together in Canada once you landed jn Canada? Are you legally separated? How long has it been since you lived together in Canada? Abroad? There also needs to be consistency between you and your spouse or ex-spouse depending on the situation. Hard to say what is going on based on what you are stating but living apart, especially while in the same country, is not normal for married couples.