Mother not legally separated but been living apart since 1995 with no connection
- Thread starter Seen12
- Start date
That doesn’t mean that it will not be an issue. If you only listed your mother on the sponsorship application it was an automatic request for people listed in the application. Would include proof that your mother has been living on her own not just the affidavit.
What is difference other than the duration? If there is no intention to reunite. Relationships break and there is no right or wrong time for when it happen. I am trying to understand @canuck78 point.
Thank you very much @Seen12 for the update and response. I wish your mom all the best.
I am very confused Regarding imm0008 form did you list dad as a depenedent in her application? Or completely removed him? Also if listed him what was the answer to "relationship" since "separated" is not an option.? That's section is tricky.
ThanKS again
I believe the point is that if a marriage has not been dissolved (by divorce or annulment), IRCC may technically be in the right to require the rest of the docs - regardless of the length of the separation.
But when it's been many years and other demonstrated evidence of lack of ties is clear, they may just waive that requirement.
One VERY BIG potential difference: if it's been close to 20 years apart and clearly no more minor children, then pretty simple to say there's no real relationship.
Whereas: any couple that shares a minor child and finances de facto and de jure DO have an ongoing relationship, in your case up to and including shared finances (even if those finances are intended 'for' the child).
A couple with a court-supported divorce have a relationship that is ordered and limited by the demands of the court, including child support (if any).
Thank you @armoured for the detailed explanation. It make more sense now. I do now understand it is up to the discretion of the ircc to decide to waive or ask for more documation such as divorce filing decree or any related documents.
Also as you mentioned, there is minors and shar d responsibilities which is a different situation.
Considering that and considering I had consulted lawyers ( I was not convinced by thier competence and knowledge unfortunately). If filing a divorce is not easy process, does worth to go "separated"?
I do not know, honestly. Also I did not follow all the details of your case, just skimmed briefly - and I'm not an expert.
Personal opinion: if you've been told it's 'difficult', I would personally submit as separated AND pursue / start to pursue the divorce process in parallel.
Best case, IRCC is satisfied and you're done.
Middling case: IRCC asks for more and you can show them the docs and steps you have followed to effect a full divorce, and eventually IRCC accepts that it is real and you're undertaking all the steps you can (and probably eventually you do complete the divorce). This might be iterative where you provide some info and then more, i.e. a couple times around.
Worst case: IRCC doesn't accept that info and continues to request a finalized divorce. Well, eventually you get that divorce and they accept it.
(okay, technically, the worst case is it's impossible to get the divorce - but that's rare and let's cross that bridge when we get there.)
Agree. At the very least I would try to finalize a child custody agreement showing you have full custody.
Thank you very much @armoured and @canuck78 for the inputs as well as Seen12.
@armoured I think that is my only option now to go with separated and I am working on the custody.. The divorce part is the challenging obstacle based on our circumstances but I will try not to give up.
I that case when "separation" occur but still no divorce, should the spouse be listed under dependents in imm0008 or should be removed? If he is listed there are questions about the relationship to the PA (spouse, child, parent, other, etc) would choosing "other" and add "separated spouse" make sense or what is best in this case?
Also, there is another question under same section of dependents if he is listed about marital status, I think here "separated" can be selected and put more info under "have you been previously married or in coom on-law?"
Please correct me if I am wrong. I really depends on this platform after consulted count me le lawyers and unfortunately they were not accurate on some info and I learnt a lot for people like yourselves..
Thank you
@armoured I think that is my only option now to go with separated and I am working on the custody.. The divorce part is the challenging obstacle based on our circumstances but I will try not to give up.
I that case when "separation" occur but still no divorce, should the spouse be listed under dependents in imm0008 or should be removed? If he is listed there are questions about the relationship to the PA (spouse, child, parent, other, etc) would choosing "other" and add "separated spouse" make sense or what is best in this case?
Also, there is another question under same section of dependents if he is listed about marital status, I think here "separated" can be selected and put more info under "have you been previously married or in coom on-law?"
Please correct me if I am wrong. I really depends on this platform after consulted count me le lawyers and unfortunately they were not accurate on some info and I learnt a lot for people like yourselves..
Thank you
I would say do NOT include as a dependent, under no circumstances. Include when you disclose former spouse. Same for the info / family history form: former spouse.
The situation is that IRCC is going to inquire about whether the spouse is truly an ex-spouse. You must insist at all times that it is an ex-spouse.
The question is whether this will work.
Of course, if you include your (ex) spouse as a dependent, even non-accompanying, they will insist upon examining (medical and biometrics). (And if they can't, they'll refuse).
This is my opinion based on not much information here about your situation. If you don't mind including your ex-spouse, that's your business. It might even be easier. I'd understood you do not want to include your spouse.
You should also consider including a letter of explanation why you can't get divorced/can't find him. Or whatever the reason is.
Frankly it would probably help if you gave a quick summary about why you can't get divorced.
Of course I do not want to include him. Unfortunately, He will never do medical or pcc etc or be helpful in any way.
The situation involves abuse and other factors. Unfortunately when the application was submitted he was listed as a dependent and spouse and updated ircc that he is non-accompanying.
The question is with being separated and still married. In this case wouldn't removing spouse from dependent might come as misrepresentation? I don't want to be in that situation.
As you mentioned he can be added as ex spouse "separated" and duration of marriage can be up to the date the updated forms are sent?
I know it's complicated unfortunately..
I don't know if I can help. I did not realize you'd already sent the app.
You can, obviously, attempt to remove him. I don't know whether that will work. You can try to revise your file/submit a revised one.
Quite possible they will not accept or accept only when divorced.
Now: you're posting in the family class sponsorship. That's spousal, child, or parent/grandparent.
Under what part of the immigraiton programs are you applying? It's not 'family sponsorship' just because it's a member of your family / involves a family matter.
I don't follow the other ones much (eg express entry). Don't know much about how they work. You should post in those. Others might have epxerienced removing a spouse during the process.
It is more complicated and there no way to re submit a new application. As the application is part of the temporary public policy for Columbian and Hiatian which is closed after reaching its cap.
It seems that I have to try with separation and explain everything to IRCC since this program has a humanitarian aspect too and also try to find a way for filing for divorce.
It seems that I have to try with separation and explain everything to IRCC since this program has a humanitarian aspect too and also try to find a way for filing for divorce.
Would definitely continue pursuing the divorce in parallel.
I think it should be possible to resubmit (revise the IMM0008) with spouse as separated, and NOT accompanying. Submit letter of explanation too - revising this because you were misinformed, you are separated and in process of divorce and should not have included him (sorry). Assuming the divorce issue (difficulty) is related to the special reasons for the temporary public policy, perhaps they will be merciful.
Good luck.