Legal separation before final decision

[Iezspice]

@legalfalcon
@YULIA-2016
@scylla

I applied for PNP-EE in Dec 2019.
My spouse medicals are graded as M5.
Criminality security eligibility background check all passed. The decision on spouse medicals are yet to be made. The file now has moved to Niagara falls and we suspect a pfl. The official communication is yet to be recd.
As per cic guidelines, if there are any changes in the family composition we must inform ircc. Can i opt of legal separation from my spouse and inform ircc before I rec a pfl ? I m concerned about my children's future which I need to protect. Your guidance will be much appreciated.
Regards

 

[scylla]

@legalfalcon
@YULIA-2016
@scylla

I applied for PNP-EE in Dec 2019.
My spouse medicals are graded as M5.
Criminality security eligibility background check all passed. The decision on spouse medicals are yet to be made. The file now has moved to Niagara falls and we suspect a pfl. The official communication is yet to be recd.
As per cic guidelines, if there are any changes in the family composition we must inform ircc. Can i opt of legal separation from my spouse and inform ircc before I rec a pfl ? I m concerned about my children's future which I need to protect. Your guidance will be much appreciated.
Regards

Sure, you can opt for legal separation if you have in fact separated and have evidence of legal separation (e.g. proof that you have filed for divorce). IRCC will then remove your spouse from the application. Note that you will need your spouse's written consent to move your children with you to Canada unless you have sole custody awarded by the courts.

EDIT: I am changing my answer. I've just realized that your application has been sent for further processing due to potential medical inadmissibility. In that case I would say that you need to tread extremely carefully. If you try to say that you are legally separated now, you are risking a misrepresentation finding, refusal, and a five year ban from Canada for basically "faking" the separation to remove your spouse from the application since you have concerns about medical inadmissibility. If you want to try to remove your spouse from the application due to legal separation, you had better have extremely strong proof the legal separation is real (e.g. proof that you have already been living separately for close to a year, proof you have officially filed for divorce through the court system in your home country, proof you separated your assets many months ago, etc.). You need to be very careful here. IRCC isn't stupid and will assume you are trying to remove your spouse to get around immigration rules.

 

[Iezspice]

Sure, you can opt for legal separation if you have in fact separated and have evidence of legal separation (e.g. proof that you have filed for divorce). IRCC will then remove your spouse from the application. Note that you will need your spouse's written consent to move your children with you to Canada unless you have sole custody awarded by the courts.

Legal separation has not been done but I wish to initiate one. Can we initiate and inform them to hold the processing until we rec the final divorce decree ?

 

[scylla]

Legal separation has not been done but I wish to initiate one. Can we initiate and inform them to hold the processing until we rec the final divorce decree ?

See my post above. I have changed and edited my answer.

 

[scylla]

Legal separation has not been done but I wish to initiate one. Can we initiate and inform them to hold the processing until we rec the final divorce decree ?

This isn't going to work. IRCC isn't stupid. In my opinion one of two things will happen: (1) IRCC will say you cannot remove yoru spouse; (2) IRCC will refuse your application and give you a 5 year misrepresentation ban for creating the separation for the purpose of trying to get around Canadian immigration rules.

Again, see my edited post above.

 

[Iezspice]

This isn't going to work. IRCC isn't stupid. In my opinion one of two things will happen: (1) IRCC will say you cannot remove yoru spouse; (2) IRCC will refuse your application and give you a 5 year misrepresentation ban for creating the separation for the purpose of trying to get around Canadian immigration rules.

Again, see my edited post above.

Ok I too agree with this and was sceptical abt this suggestion. Thanks for clarifying