PLEASE HELP!! Separated but not yet legally divorced

[veronica.andrews84]

Hi All,
I would like some advise and guidance on the category that i should select while applying for canada PR.
I am separated from my husband for last 3 years now and we no longer live together. We have no contact with each other. I plan to apply for Canadian PR however there is either Married or divorced category and i dont fit into either. So what category should i apply for? He will not be willing to go through medical and police verification at a later stage.

 

[canuck_in_uk]

Hi All,
I would like some advise and guidance on the category that i should select while applying for canada PR.
I am separated from my husband for last 3 years now and we no longer live together. We have no contact with each other. I plan to apply for Canadian PR however there is either Married or divorced category and i dont fit into either. So what category should i apply for? He will not be willing to go through medical and police verification at a later stage.

You are legally separated. I suggest you file for divorce, as that is the easiest way to prove it to IRCC.

 

[veronica.andrews84]

You are legally separated. I suggest you file for divorce, as that is the easiest way to prove it to IRCC.

Thanks but I don't plan to apply for a divorce as i am waiting for him to initiate the same. (Not that I am doing it for any monetary purpose it's just i never thought i will get divorced so its still very difficult to accept this blow and i don't want to initiate this unless he will)
So why doesnt Canadian PR system allows for this category is something I am finding difficult to understand.

 

[canuck_in_uk]

Thanks but I don't plan to apply for a divorce as i am waiting for him to initiate the same. (Not that I am doing it for any monetary purpose it's just i never thought i will get divorced so its still very difficult to accept this blow and i don't want to initiate this unless he will)
So why doesnt Canadian PR system allows for this category is something I am finding difficult to understand.

I storngly suggest you apply for divorce.

While married, he is considered your dependent and must be included in the app. Applying for divorce is the strongest proof to show that he is no longer your dependent. IRCC may request proof of divorce during the process to allow your app to continue without him included.

 

[veronica.andrews84]

I storngly suggest you apply for divorce.

While married, he is considered your dependent and must be included in the app. Applying for divorce is the strongest proof to show that he is no longer your dependent. IRCC may request proof of divorce during the process to allow your app to continue without him included.

--> Will i need to show the proof of divorce only when i get an invitation to apply for PR or prior to that?
The reason I am asking this is so i can calculate that in how many months from now should i kick start the process for divorce.
--> Also the possibility of me not getting a PR in the first places makes me hesitant to start the process, i only wish to start the divorce process after i get an invitation to apply.

 

[canuck_in_uk]

--> Will i need to show the proof of divorce only when i get an invitation to apply for PR or prior to that?
The reason I am asking this is so i can calculate that in how many months from now should i kick start the process for divorce.
--> Also the possibility of me not getting a PR in the first places makes me hesitant to start the process, i only wish to start the divorce process after i get an invitation to apply.

You should include it in your actual PR app.

 

[veronica.andrews84]

You should include it in your actual PR app.

Do i have to? or are the proofs for spouse (married or divorced) required only once you get the invitation to apply?

 

[WarHammer]

Do i have to? or are the proofs for spouse (married or divorced) required only once you get the invitation to apply?

You have to enter spousal and marital information to make any use of your ITA. To directly address your concern you will not get anywhere constructive in the PR process without it. Either get back together or officially divorced with documentation to prove it to move forward with express entry.

If you get ITA saying you are divorced and then apply for divorce afterwards , the CIC agent will very simply notice the discrepancy in your divorce documentation and mark your case as misrepresentation leading to 5 year ban.

 

[canuck_in_uk]

Do i have to? or are the proofs for spouse (married or divorced) required only once you get the invitation to apply?

The actual PR app IS what you submit after you receive an ITA. The actual forms, documents, etc.

You need to get your priorities straight. If you want to immigrate to Canada, the best thing you can do is start the divorce process and include proof of that to have your spouse excluded. Otherwise, IRCC may refuse your app if you cannot produce your spouse's documents and medical.

 

[veronica.andrews84]

Ok thanks for the clarification.
One more thing what if i apply as Married, applying Single (which is the current scenario) and given that ITA for provincial nomination takes at least 1-2 years (i don't expect to get a PR via express entry) and in between that 1 year i should have my divorce sorted and then let the authorities know about the change of my relationship status, updating my application and produce the documentation for divorce will that work?
As it is totally possible scenario wherein someone who decided to apply for Canada PR when the couple was together but during the whole application process they decide to separate due to marital problems?

 

[canuck_in_uk]

Ok thanks for the clarification.
One more thing what if i apply as Married, applying Single (which is the current scenario) and given that ITA for provincial nomination takes at least 1-2 years (i don't expect to get a PR via express entry) and in between that 1 year i should have my divorce sorted and then let the authorities know about the change of my relationship status, updating my application and produce the documentation for divorce will that work?
As it is totally possible scenario wherein someone who decided to apply for Canada PR when the couple was together but during the whole application process they decide to separate due to marital problems?

You are not married or single. You need to state legally separated on all apps.

 

[veronica.andrews84]

Ok so these are 3 different categories and i am assuming that there are different documents required for "Married" , "Divorced" and "Legally Separated" .
So what all documents will be required for legally separated status? Or are the same set of documents required for divorced and legally separated category?

 

[canuck_in_uk]

Ok so these are 3 different categories and i am assuming that there are different documents required for "Married" , "Divorced" and "Legally Separated" .
So what all documents will be required for legally separated status? Or are the same set of documents required for divorced and legally separated category?

Any formal documents where you have listed yourself as legally separated, like tax filings, legal documents etc. Or proof of divorce proceedings.

 

[veronica.andrews84]

Any formal documents where you have listed yourself as legally separated, like tax filings, legal documents etc. Or proof of divorce proceedings.

Thanks. So i reached out a local attorney here. They have said that they can write a letter head for me indicating legal separation as my husband has ran away , he is unwilling to file for divorce , so i am not left with any choice here. So is there a format the Canadian government needs it in?

 

[canuck_in_uk]

Thanks. So i reached out a local attorney here. They have said that they can write a letter head for me indicating legal separation as my husband has ran away , he is unwilling to file for divorce , so i am not left with any choice here. So is there a format the Canadian government needs it in?

There is no specified format.