Legally separated or Married? No paper work

[ed-K]

Please help on my friend's case:

She is legally separated from her husband for more than 2 years. She's on a work permit in Canada, he's in Korea.
She's about to apply for her PR, and she does not know if she has to select "legally separated" or "married" in the new IMM0008 Generic.

He has no intention to join her, and she has no intention to include him in the application. They will be going through divorce, but she tells me he's not too co-operative about the whole PR process she'll go through.

Question:
1. If he's not co-operative about the process (signing letters, declaration, etc.), will this be a major obstacle in her PR application?
2. Should she tick "legally separated" or "married" in the form? There's really no paperwork to prove her "legal separation".

Please help. Thank you in advance.

 

[leroadrunner]

Please help on my friend's case:

She is legally separated from her husband for more than 2 years. She's on a work permit in Canada, he's in Korea.
She's about to apply for her PR, and she does not know if she has to select "legally separated" or "married" in the new IMM0008 Generic.

He has no intention to join her, and she has no intention to include him in the application. They will be going through divorce, but she tells me he's not too co-operative about the whole PR process she'll go through.

Question:
1. If he's not co-operative about the process (signing letters, declaration, etc.), will this be a major obstacle in her PR application?
2. Should she tick "legally separated" or "married" in the form? There's really no paperwork to prove her "legal separation".

Please help. Thank you in advance.

I guess it depends on how he wants to sponsor her.

If its common law, then maybe legally seperated will do, but do not quote me on this. And common-law is a lot more work to prove. It would probably be easier to get the divorce done first, and then proceed to marry her. From what I understand Korean has one of the fastest divorce process in the world, no?

I hope more informed people can help you here!

Good luck!

 

[sidkrose]

I guess it depends on how he wants to sponsor her.

If its common law, then maybe legally seperated will do, but do not quote me on this. And common-law is a lot more work to prove. It would probably be easier to get the divorce done first, and then proceed to marry her. From what I understand Korean has one of the fastest divorce process in the world, no?

I hope more informed people can help you here!

Good luck!

It doesn't sound like the OP is being sponsored by anyone, it sounds like she is applying for PR herself through another stream and is not sure if she has to include her husband, from whom she is separated. Hopefully someone else can answer this.