Need assistance on canada PR as a FSW-(Spouse Separated but not legal yet).

[Krish009]

Currently i am working as Sr Software Engineer and looking for Canada PR(FSW_Express Entry) with (Spouse Separated but not legal yet).

My Case:

I was married legally in india & i was lived with my wife for 2.5 years.

currently ,I am living separately from my family(Wife, 2yrs Kid) from last 10 months,but not legal yet.
In future , i am not sure that it may be go to divorce or not.

1) Shall i go apply with single mode or else is there any alternative way for Canada PR by submitting lawyer affidavit that are living separately.

2) If yes , what are the mandatory documents need to submit belonging to my family ?

3)Is there any alternative way,If iam unable to provide those mandatory documents?

Can you please advice on this.

 

[Maverick28]

Currently i am working as Sr Software Engineer and looking for Canada PR(FSW_Express Entry) with (Spouse Separated but not legal yet).

My Case:

I was married legally in india & i was lived with my wife for 2.5 years.

currently ,I am living separately from my family(Wife, 2yrs Kid) from last 10 months,but not legal yet.
In future , i am not sure that it may be go to divorce or not.

1) Shall i go apply with single mode or else is there any alternative way for Canada PR by submitting lawyer affidavit that are living separately.

2) If yes , what are the mandatory documents need to submit belonging to my family ?

3)Is there any alternative way,If iam unable to provide those mandatory documents?

Can you please advice on this.

You can apply as married and spouse non-accompanying. But you'll need PCC for your spouse, Medicals for your spouse and child, and POF for a family of 3. If you can arrange that, it will be easier for you.

 

[Krish009]

Dear Maverick,
Iam very thankfull to your assistance on this.
As of now , i have marriage certificate,child birth certificate.
If spouse non-accompanying scenario, I may need PCC for spouse, Medicals for your spouse and child, and POF for a family of 3.
Is it really mandatory doc of PCC(Spouse),medical(Spouse,child),POF ?
If mandatory, at what stage of PR application process i need to be submitted these docs?

But,
Currently she (legal life partner) is avoiding all such communications with me & they don't want to provide those doc.

Is there any alternative way to get apply for PR like by submitting lawyer affidavit such spouse non-accompanying or without intimate to spouse.
or
can we approach by court by sending notice to do co-operate to get all those required documents ?

 

[Krish009]

Dear Maverick,
Iam very thankfull to your assistance on this.
As of now , i have marriage certificate,child birth certificate.
If spouse non-accompanying scenario, I may need PCC for spouse, Medicals for your spouse and child, and POF for a family of 3.
Is it really mandatory doc of PCC(Spouse),medical(Spouse,child),POF ?
If mandatory, at what stage of PR application process i need to be submitted these docs?

But,
Currently she (legal life partner) is avoiding all such communications with me & they don't want to provide those doc.

Is there any alternative way to get apply for PR like by submitting lawyer affidavit such spouse non-accompanying or without intimate to spouse.
or
can we approach by court by sending notice to do co-operate to get all those required documents ?

Can anybody please reply on this......

 

[Asiv adanac]

Can anybody please reply on this......

Hi, u will qualify for legal separation cateogary only after living apart from your spouse for about a year and not before that. You will need then need to apply for a divorce (mutual or contested) either method wont affect ur immigration unless theres any criminal offence being charged against you.

You will need to provide every single piece of document and evidence that will prove that ur legal sepearation is legitmate and reconciliation in any form is never gonna happen.

**Documents like a divorce petition filed in court - ask the judge to issue u a letter stating the original petition case no.xxxxxxx is pending and ongoing,
**make an affidavit of separation,
**try showing evidences like no communication etc.
** letter of explanation stating the reasons for separation or divorce.

Pls remember that once u proceed ahead with this method , there is no way to sponsor ur wife to Canada ever after u get ur PR even if u guys choose to reconcile from legal separation or before divorce on a later stage.


The other and safer way to proceed is by asking ur spouse to cooperate by doing canadian medicals and getting pcc for ur life ahead and mark them as unaccompanied family members in ur application. Your marital status being ' married ' however this time you wouldnt need the documents I advised above and you will be able to sponsor your spouse to Canada if u guys ever decide to reconcile later on.