You can explain situation adding a letter and indicate he will not come to Canada with her but need to count as a family member for MNI purpose except last sentence of below paragraph.Hello,
I am completing my mother's sponsorship application and am a little confused about how to fill her marital status in the application.
I am only planning to sponsor her and not my dad. Her ID document state that she is married however, she has been separated from my dad since 1995 with no ties whatsoever. So far I have her as "Separated" in all the applications. However, the Schedule A Declaration only has a "Legally Separated" option and I don't feel this is right. Should I have them all as separated and Schedule A as married, and attach a letter to explain the situation?
Finally, in the IMM 0008 I put that she doesn't have any dependents. Is that right, since my dad is separated from her and they have to ties together?
Any suggestions or feedback will be highly appreciated.
Note: In the case of a principal applicant who is separated from their spouse, the principal applicant’s separated spouse is considered a “family member”, as per paragraph R1(3)(a) of the Immigration and Refugee Protection Regulations, since they are still legally married until they are divorced. However, it should be noted that there could be situations in which subparagraph R5(b)(ii), which details excluded relationships, applies to a foreign national (i.e. the principal applicant). A separated spouse of a foreign national must be counted for the calculation of the Minimum Necessary Income (MNI) unless the spouse has lived separate from the foreign national for at least one year and is the common-law partner of another person. For clarity, either the foreign national (i.e. the principal applicant) or their separated spouse may be the common-law partner of another person.