Marital status

[Kabir12345]

I am not living with my wife but we are not divorced and she has refused to give divorce. I want to file express entry form as rest all formalities are cleared.
My current passport doesn’t have her name and no other legal documents. But my old cancelled passport had her name which I got removed in the new one.
Please suggest how should I proceed?

 

[Eveingauri]

Irrespective of your wife moving with you or no, until you are legally separated, CIC considers you one family and would treat your wife as your dependent... you will be required to submit her documentation/ get her medicals/ PCC etc done.. this is because CIC wants to be sure that in case you invite her later on in life under family sponsorship programme they are well covered with all details etc..

This has been my personal experience n thereby understanding.. anyone with different views please share...

 

[jaffaral]

I am not living with my wife but we are not divorced and she has refused to give divorce. I want to file express entry form as rest all formalities are cleared.
My current passport doesn’t have her name and no other legal documents. But my old cancelled passport had her name which I got removed in the new one.
Please suggest how should I proceed?

If she doesn’t want divorce don’t give her. Try to sort out things with her.

For me saving marriage is more important than becoming a Canadian PR any day

 

[cansha]

I am not living with my wife but we are not divorced and she has refused to give divorce. I want to file express entry form as rest all formalities are cleared.
My current passport doesn’t have her name and no other legal documents. But my old cancelled passport had her name which I got removed in the new one.
Please suggest how should I proceed?

My suggestion would be to take legal opinion. I'm not sure if you can prove separation and that would work for CIC. In any case do not think of misrepresentation by not mentioning your wife on application even if her name does not appear on the passport.

May be reach out to @legalfalcon and see if he can guide you that if you have any way out in your current situation.

All the best!

 

[legalfalcon]

I am not living with my wife but we are not divorced and she has refused to give divorce. I want to file express entry form as rest all formalities are cleared.
My current passport doesn’t have her name and no other legal documents. But my old cancelled passport had her name which I got removed in the new one.
Please suggest how should I proceed?

If you are legally married, you will have to declare it in your application. Just merely living separately is not sufficient. Also as a part of your application, you will need to have to submit your spouses medicals, passport and PCCs.

If you can show IRCC that you are in the process of getting divorced, i.e. proof of filing of divorce petition, then you will be exempted from the medicals, PCC and passport requirement, and you can file you application as married and spouse not accompanying / separated based on the laws of your country.