Married but Not legally divorced

[desertstorm]

Hi All,

I felt this forum would be best place to get some solution to the dilemma. here goes,

I am married and my wife has apparently moved to another country and be living there for almost 2 years. I have child who i have been raising since 2 year. Last year my wife came for her vacation and wanted to file for divorce but the process near took flight. Now recently i felt the urge to apply for PR for for Canada.

Now my biggest query is what do i fill out in the form. ? I am married but not legally separated and i dont think it is place my wife would cooperate with me. since clearly we haven't had any communication since 2 years. ? Kindly let me know what needs to be done to move forward.

 

[GavinSouthAfrica]

Hi All,

I felt this forum would be best place to get some solution to the dilemma. here goes,

I am married and my wife has apparently moved to another country and be living there for almost 2 years. I have child who i have been raising since 2 year. Last year my wife came for her vacation and wanted to file for divorce but the process near took flight. Now recently i felt the urge to apply for PR for for Canada.

Now my biggest query is what do i fill out in the form. ? I am married but not legally separated and i dont think it is place my wife would cooperate with me. since clearly we haven't had any communication since 2 years. ? Kindly let me know what needs to be done to move forward.

Since you are legally married you have to tick Married. But then also tick that your spouse won't be joining you so that your points are counted as a single person would

Have to ask though.. "Apparently moved to another country"? Surely she has or hasn't

 

[desertstorm]

Since you are legally married you have to tick Married. But then also tick that your spouse won't be joining you so that your points are counted as a single person would

Have to ask though.. "Apparently moved to another country"? Surely she has or hasn't

Initially she did not disclose that she was going to another country. she got a job all her paper work was done then she disclosed to me she is leaving. So apparently would not be the right word to be used.

So according to you . i will have to say married but my spouse wont be joining. what about documents ? do i need to prove that i am not with her any more since this has not moved into the courts. I will get the points based on single candidate. not as married.

Also i want to take my child with me if i ever get the visa.

 

[GavinSouthAfrica]

Initially she did not disclose that she was going to another country. she got a job all her paper work was done then she disclosed to me she is leaving. So apparently would not be the right word to be used.

So according to you . i will have to say married but my spouse wont be joining. what about documents ? do i need to prove that i am not with her any more since this has not moved into the courts. I will get the points based on single candidate. not as married.

Also i want to take my child with me if i ever get the visa.

You don't need to prove she won't be joining as they won't be giving her a visa.

You'll get points as a single candidate.

Your last point gets a bit complex. Every country is different but my country won't allow me to take a child out the country without permission of both the parents. So if my wife refused I would have to go to court to get them to overturn that.

 

[DollyM]

Initially she did not disclose that she was going to another country. she got a job all her paper work was done then she disclosed to me she is leaving. So apparently would not be the right word to be used.

So according to you . i will have to say married but my spouse wont be joining. what about documents ? do i need to prove that i am not with her any more since this has not moved into the courts. I will get the points based on single candidate. not as married.

Also i want to take my child with me if i ever get the visa.

Yes, you put "married" as your marital status but do not include your wife on your application as a dependent.

In order to take your child to Canada you will need either signed consent from the other parent (the mother) or a court order saying you have the legal right to take the child out of your country to Canada. You will not be granted a visa without this permission from either the mother or the courts.

 

[desertstorm]

You don't need to prove she won't be joining as they won't be giving her a visa.

You'll get points as a single candidate.

Your last point gets a bit complex. Every country is different but my country won't allow me to take a child out the country without permission of both the parents. So if my wife refused I would have to go to court to get them to overturn that.

My dilemma is how will i proceed further with the documentation. Since i have no communication with my wife since over year . Currently i have no idea if she will ever come back to the country to take care of this issue. little alone want me to go to Canada.

 

[desertstorm]

Yes, you put "married" as your marital status but do not include your wife on your application as a dependent.

In order to take your child to Canada you will need either signed consent from the other parent (the mother) or a court order saying you have the legal right to take the child out of your country to Canada. You will not be granted a visa without this permission from either the mother or the courts.

At this moment this is just a inception of how i can proceed with the process of immigration. I have not clue from her side. Since 2015 i haven't had any clue if she is interested in getting back together or not. I don't know if she will provide me any kind of consent to take the child out. since she would never communicate properly .

 

[dr feras]

The answer to your question is:
As long as you do not have divorce or legal separation agreement issued by a court, you have no other option but to submit her documents (PCC and medicals as well), even if you put her as non-accompanying. IRCC is very clear with this. Meanwhile, if you are not able to finish divorce, and she is not willing to cooperate, then you can select separated ( only separated, not LEGALLY separated as you dont have document for that), and attach an explanation letter with your situation also stating that you are giving up any rights of sponsoring her in the future).
You should know that IRCC still has the right to refuse your application even with the above mentioned letter.
My advise is try your best to get divorce. I mean she left more than 2 years ago. They should at least issue legal separation document. That would make your life much easier.
Good luck and let me know if anything isnt clear

 

[DollyM]

At this moment this is just a inception of how i can proceed with the process of immigration. I have not clue from her side. Since 2015 i haven't had any clue if she is interested in getting back together or not. I don't know if she will provide me any kind of consent to take the child out. since she would never communicate properly .

Unfortunately without her consent you will need a court order stating that you have the right to remove the child to Canada. You will not be issued a visa for the child without written permission from the mother or a court order. Canada is a signatory to the Hague Convention on child abduction and will not allow a parent to bring a child to live in the country without the other parent's consent.

 

[desertstorm]

The answer to your question is:
As long as you do not have divorce or legal separation agreement issued by a court, you have no other option but to submit her documents (PCC and medicals as well), even if you put her as non-accompanying. IRCC is very clear with this. Meanwhile, if you are not able to finish divorce, and she is not willing to cooperate, then you can select separated ( only separated, not LEGALLY separated as you dont have document for that), and attach an explanation letter with your situation also stating that you are giving up any rights of sponsoring her in the future).
You should know that IRCC still has the right to refuse your application even with the above mentioned letter.
My advise is try your best to get divorce. I mean she left more than 2 years ago. They should at least issue legal separation document. That would make your life much easier.
Good luck and let me know if anything isnt clear

thank you . so according to your understanding while filling out the form i should select separate and create Letter of Explanation (LOE) explaining my situation. So if i put Separated. i would not need to furnish her PCC & medicals but since there is no legal document to prove that we are separated.. So wht do you suggest i should do ? while filling out the form

 

[desertstorm]

Unfortunately without her consent you will need a court order stating that you have the right to remove the child to Canada. You will not be issued a visa for the child without written permission from the mother or a court order. Canada is a signatory to the Hague Convention on child abduction and will not allow a parent to bring a child to live in the country without the other parent's consent.

How do i navigate through this predicament. I know that she is not in terms in talking like 2 mature adults and since 2 years i have been trying to come to consensus on how to proceed further . I thought i will try this and move out and provide better life for my child.

 

[Houzi]

How do i navigate through this predicament. I know that she is not in terms in talking like 2 mature adults and since 2 years i have been trying to come to consensus on how to proceed further . I thought i will try this and move out and provide better life for my child.

Hi! Why don't you file for a divorce without her? I mean, you can try getting a divorce without her or her consent. I'm not sure about legislation in your country, for example, in mine it's difficult to get a divorce without second party, but it's possible. And if a person can prove that his/her spouse is not caring for a child for 2 years, there is a chance to get a full custody. In this case, you get full rights and can take the child with you. I strongly suggest you talking to a good divorce attorney. If you file for divorce, you can provide divorce petition etc as a proof of being separated too.

 

[dr feras]

thank you . so according to your understanding while filling out the form i should select separate and create Letter of Explanation (LOE) explaining my situation. So if i put Separated. i would not need to furnish her PCC & medicals but since there is no legal document to prove that we are separated.. So wht do you suggest i should do ? while filling out the form

No dear, thats not what I said lol. I'll break it down for you
-Separated ( And you select non-accompanying for her) : you get full points and no need for her certificates/ielts etc but you still need her PCC and medicals.
- legally separated or divorced : she is not included in the application. No need for anything from her.
Now for the child, if you do not have full custody she has to sign for the child to accompany you to canada. But if you convince the court and get a court order then you wont need her approval.
I hope its clearer now and happy to explain further if not.

 

[desertstorm]

Hi! Why don't you file for a divorce without her? I mean, you can try getting a divorce without her or her consent. I'm not sure about legislation in your country, for example, in mine it's difficult to get a divorce without second party, but it's possible. And if a person can prove that his/her spouse is not caring for a child for 2 years, there is a chance to get a full custody. In this case, you get full rights and can take the child with you. I strongly suggest you talking to a good divorce attorney. If you file for divorce, you can provide divorce petition etc as a proof of being separated too.

she is moved out of the country in 2015 and she is working in another country. Last year she had come and tried to file for divorce on the basis mutual consent. But i had my reservation by the time i could swiftly address this she said she does not have time. & next time she can revisit this process when she is back in the country. since then i have been waiting. So if i get a letter from the lawyer stating the current situation will this not be helpful.

 

[desertstorm]

No dear, thats not what I said lol. I'll break it down for you
-Separated ( And you select non-accompanying for her) : you get full points and no need for her certificates/ielts etc but you still need her PCC and medicals.
- legally separated or divorced : she is not included in the application. No need for anything from her.
Now for the child, if you do not have full custody she has to sign for the child to accompany you to canada. But if you convince the court and get a court order then you wont need her approval.
I hope its clearer now and happy to explain further if not.

Now my concern is that she is currently not in the country and she will not help with this document such as PCC or medicals. I am at dilemma now how can i proceed with the filing of the document. I cant add divorced since there has no documentation done on this matter. ?
so with your expert opinion should i even apply with all these road blocks i see.