I am separated from my husband for past 1 year and we have no plans of reconciliation. I want to move to canada. My CRS score is 438. I am hopeful of getting an ITA soon. But my major concern is that i do not have any kind of legal separation document and we haven't applied for divorce yet. Will an affidavit suffice to prove that i am separated from my husband? Or should i cancel my ITA till the time i do not get divorce and then apply again?
Proof of marital status
- Thread starter Priyanka1
- Start date
I'm assuming you are of Indian nationality.
An affidavit of separation will not work. You must apply for and get a decree of judicial separation issued by a competent court. The grounds for the judicial separation would depend on the marriage act under which your marriage took place. These grounds can be difficult to prove and/or may be limited (Read: The grounds may not include *marriage has irrevocably broken down for reasons like lack of compatibility*). So, you may/may not be successful in getting a decree of judicial separation.
IMO, if your marriage has broken down irrevocably, you must file for a divorce under mutual consent. This would be the quicker/better solution. If you were married as per the Hindu Marriage Act, the Family Court can waive off the six months waiting time for mutual consent
Thanks a lot for your answer. I have one doubt. As per CIC website there is an option for marital status i.e. legally separated with below definition.
Legally Separated:
This means that you are married, but no longer living with your spouse.
And i have made an express entry profile with Legally separated marital status. Though i have no proof of separation. Is it a problem?
Another thing-
Now since an affidavit would not work, i think i should decline my ITA(in case i get one) and i should re-apply after i get a decree of divorce. I am hoping that we file for divorce soon.
Legally Separated:
This means that you are married, but no longer living with your spouse.
And i have made an express entry profile with Legally separated marital status. Though i have no proof of separation. Is it a problem?
Another thing-
Now since an affidavit would not work, i think i should decline my ITA(in case i get one) and i should re-apply after i get a decree of divorce. I am hoping that we file for divorce soon.
