Married, Legally not separated or divorced

[Gokul_Balu]

Hi All,

I am married and I've a daughter. I am in process of applying PR. I do live in Canada currently and my family is in back home (India). We are not in good terms with my wife for past one year and we are technically separated. She is not ready to apply or give divorce and she will not help me by providing both of their medicals for my PR. Now what documents should I submit to state this? As I havent filed Divorce I do not have that case document to show it as a proof.

I can submit a Affidavit , declaring that I will not sponsor my wife and daughter anymore in future. other than this do I need to submit any other documents?

Moreover we have other case filed by my wife, which includes some details that we are separated for more than an year and there is no contact between us. Will that case documents and details (with case number etc) signed by authorized lawyers helps to attach with Affidavit? I can also attach some social media conversation history, whatsapp conversation history along with LOE. Will this help??

Also let me know what Marital Status do I need to specify in my profile?

Kindly let me know asap

 

[Gokul_Balu]

@legalfalcon kindly advise the same.

 

[ranjangaur4]

Hi All,

I am married and I've a daughter. I am in process of applying PR. I do live in Canada currently and my family is in back home (India). We are not in good terms with my wife for past one year and we are technically separated. She is not ready to apply or give divorce and she will not help me by providing both of their medicals for my PR. Now what documents should I submit to state this? As I havent filed Divorce I do not have that case document to show it as a proof.

I can submit a Affidavit , declaring that I will not sponsor my wife and daughter anymore in future. other than this do I need to submit any other documents?

Moreover we have other case filed by my wife, which includes some details that we are separated for more than an year and there is no contact between us. Will that case documents and details (with case number etc) signed by authorized lawyers helps to attach with Affidavit? I can also attach some social media conversation history, whatsapp conversation history along with LOE. Will this help??

Also let me know what Marital Status do I need to specify in my profile?

Kindly let me know asap

You should get some real legal help. I suspect that in Inida you may be able to divorce your wife on the grounds that you havent been living together in the last 6 months, and it may be possible to do so at this point with proper proof and just a single spouse claiming. Im not a lawyer tho, so check that out.
NOW the situation with your daughter is more complicated - she cant be divorced and is your child for life, you cant just sign something to say you wont EVER want her to come to CAN with you unless you've signed your legal parental rights away, Id suggest you figure out a way to get her medical done. Ive read a rejection happen on the grounds of not having medicals done for non accompanying spouses (not biological) children.
But seriously, get a lawyer. This is complicated.

 

[legalfalcon]

Hi All,

I am married and I've a daughter. I am in process of applying PR. I do live in Canada currently and my family is in back home (India). We are not in good terms with my wife for past one year and we are technically separated. She is not ready to apply or give divorce and she will not help me by providing both of their medicals for my PR. Now what documents should I submit to state this? As I havent filed Divorce I do not have that case document to show it as a proof.

I can submit a Affidavit , declaring that I will not sponsor my wife and daughter anymore in future. other than this do I need to submit any other documents?

Moreover we have other case filed by my wife, which includes some details that we are separated for more than an year and there is no contact between us. Will that case documents and details (with case number etc) signed by authorized lawyers helps to attach with Affidavit? I can also attach some social media conversation history, whatsapp conversation history along with LOE. Will this help??

Also let me know what Marital Status do I need to specify in my profile?

Kindly let me know asap

If you are married and not yet divorced, as per IRCC you have to file your spouse's medicals, PCC and the same for any children. Affidavits do not help. You can surely initiate the divorce proceedings by filing the petition in the family court in India and show that as a proof and the inability to file the PCC and meds. But you need a court issued legal document. Sworn statements or affidavits do not work. They can help you buy time from IRCC to submit the, but without any proof of a legal separation, it won't work.

The rule is that if any family member is inadmissible on he grounds of medicals or criminality, the entire family is. This is why IRCC either needs a court issued document that you are no longer married, or the divorce is in process.

 

[Shams9618]

Hi All,

I am married and I've a daughter. I am in process of applying PR. I do live in Canada currently and my family is in back home (India). We are not in good terms with my wife for past one year and we are technically separated. She is not ready to apply or give divorce and she will not help me by providing both of their medicals for my PR. Now what documents should I submit to state this? As I havent filed Divorce I do not have that case document to show it as a proof.

I can submit a Affidavit , declaring that I will not sponsor my wife and daughter anymore in future. other than this do I need to submit any other documents?

Moreover we have other case filed by my wife, which includes some details that we are separated for more than an year and there is no contact between us. Will that case documents and details (with case number etc) signed by authorized lawyers helps to attach with Affidavit? I can also attach some social media conversation history, whatsapp conversation history along with LOE. Will this help??

Also let me know what Marital Status do I need to specify in my profile?

Kindly let me know asap

I am also in the same boat but only difference is i dont have any kids..please let me know if you got any solutions please