Would submit any formal documentation of abuse with your explanation. Is this a legal separation? Legal separation would be much better. The fact that child custody hasn’t been resolved also could create issues since this is a recent separation from a marriage that doesn’t seem to have been resolved in any aspect. Are you in Canada and if so with what status?
Mother not legally separated but been living apart since 1995 with no connection
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Would submit any formal documentation of abuse with your explanation. Is this a legal separation? Legal separation would be much better. The fact that child custody hasn’t been resolved also could create issues since this is a recent separation from a marriage that doesn’t seem to have been resolved in any aspect. Are you in Canada and if so with what status?
Thank you @armoured and @canuck78. its not legal separation, do you mean a proof of legal separation? if yes, other than living apart I don't have documents. I saw on the instruction guide legal separation is married but not living together. you can correct me on this.
Due to fear of suffering from more abuse and impacting the children, there is no pursuit of legal/formal action taken to prove this in the home country. I am in Colombia but spouse in Canada on refugee claim status.
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Has your spouse been approved as a protected person (had his asylum application hearing)? The fact that you and your spouse are in another country doesn’t likely support your fear of abuse if you pursued a divorce. How are you qualifying to move to Canada? Were you included in his asylum application as dependents? Your child?
no, I believe not yet been approved for asylum. when I mentioned the fear I referred to the time that we were together. Also I mentioned my application is part of Pathway for PR for Colombian, Haitian and Venezuelan nationals that was opened last year in November and closed shortly after. i qualified based on family member who is PR (sister). and no I am not included in spouse asylum since I am not in Canada. I might be listed as family members to decalre as well as the children.
Does it make a difference if the spouse is a protected person or has not yet received a decision and how?
Also regarding legally separated status, is it enough not living together ? should spouse be listed as depenedant in this case too?
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I repeat previous comments, do NOT include spouse as dependent. It will make things worse. You may have to demonstrate that you are separated, and possibly that you are attempting to pursue divorce, but do not imply anywhere that this person can be part of your application.
Thank you very much @armoured. That requires full explanation as imm 008 clearly states any family member that is not a PR or Canadian citizen must be listed in the form. Also the total number of people in the application in same form. It's kind of confusing. I am trying to be very transparent with immigration and don't want to come as misrepresented myself. Your input here will really help..
I suggest you NOT include and specify via letter of explanation that you are separated from your spouse and he is NOT a family member.
Repeat: if you are separated permanently, he is NOT a family member.
To put this in a slightly different light that may clarify for you: you CANNOT* sponsor your spouse if you are separated and your marriage is not a 'going concern' - regardless of whether you are still technically (legally) married.
In other words, IRCC will look at both substance and formalities, but substance more important.
That is why I say you cannot and should not include as accompanied (sponsorship) or unaccompanied (future sponsorship).
The downside is if IRCC accepts this, you will never be able to sponsor your ex-spouse. (And that it may require some work to convince IRCC that this is irrevocable, that you are separated forever, etc).
*CANNOT here in sense that IRCC does not allow it and to do so would be immigration fraud / misrepresentation.
I was asking whether you and your child were listed as dependents on the asylum application. The fact that you both are trying to live in Canada may bring extra concerns about separation. Do you have proof of separation before he went to Canada? Would strongly encourage you to at least file for divorce so you have some proof of legal separation in process.
Thank you @canuck78. unfortunatley I don't have any proof of separation before his travel and also explained to ircc he was not able to provide some documents when the original application was submitted as I thought he was genuinely not able to produce these documents and it was a lie to the least I can say. it seems the situation is getting more and more complicated even with separation.
@armoured I know you mentioned NOT to list as a dependant but I am not certain if you notice that when the application was submitted he was listed as a dependant. do you mean even in this case it can be changed with explanation of the situation? I am sorry but I am very thankful for your help in this forum.
I do not know how to fix the mistake you already made. Yes, I would suggest removing him, with an explanation. But I am not sure that will be sufficient. You may need to start the divorce proceedings - somehow.
I made that because I was genuinely thinking it was the right thing to do but apparently its not - I was just taken blindly by lies from spouse unfortunately. Things changed severely after spouse traveled. Its very complicated situation I cant deny that fact. I will just clear and transport with ircc and let them either approve or deny and will see if I have other options. Unfortunately its a humanitarian related program and well needed in such situations. I will explore if I get any legal aspect for separation
Understood, just I honestly do not know how to handle, nor how this will shake out.
About the only thing that obviously will be helpful/appropriate is .... to get / attempt to/ document attempts to get divorced.
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