Separated but not divorced or legally separated

[Gavin Singh]

Hello.

I have a very unique case. I qualify for the express entry on the basis of my qualifications but have a personal hurdle in the way. I am separated (no legal separation or divorce) from my wife (who is a US citizen). I was married while I was working in US but got separated and went back to India.

Now, I am visiting Canada and met couple of Immigration consultants here to see what are the options to file PR without my wife. Almost all of these guys told me that the case can be filed under non accompanying spouse category, but everybody has a different opinion about it. Some consultants told me that they will just put an affidavit stating that I do not know the whereabouts of my ex and won't ever sponsor her (some kind of notarized affidavit, don't know exact wording and content), and it will solve the problem of providing medical and police clearance of my wife.

One consultant told me that it is not that easy. He suggested that he will file a divorce from India (though no ceremony or legal filling for marriage took place in India) and that acknowledgement that a divorce is filed along with an affidavit will solve the problem. He said I cannot file divorce from within Canada as a person must stay in Canada for at least one year before filling a divorce from Canada. Moreover, he told me that staying apart is not legal separation in the eyes of Canadian law, some kind of legal proof is must in my case.

I am pretty confused what exactly the law says in such a case. My wife will never cooperate with me and I also don't want to give her a hint that I am filing my PR. What is the best way out for such a scenario?

Please do share if anybody had similar experiences in the past.

Thanks for your time,

 

[canuck_in_uk]

Hello.

I have a very unique case. I qualify for the express entry on the basis of my qualifications but have a personal hurdle in the way. I am separated (no legal separation or divorce) from my wife (who is a US citizen). I was married while I was working in US but got separated and went back to India.

Now, I am visiting Canada and met couple of Immigration consultants here to see what are the options to file PR without my wife. Almost all of these guys told me that the case can be filed under non accompanying spouse category, but everybody has a different opinion about it. Some consultants told me that they will just put an affidavit stating that I do not know the whereabouts of my ex and won't ever sponsor her (some kind of notarized affidavit, don't know exact wording and content), and it will solve the problem of providing medical and police clearance of my wife.

One consultant told me that it is not that easy. He suggested that he will file a divorce from India (though no ceremony or legal filling for marriage took place in India) and that acknowledgement that a divorce is filed along with an affidavit will solve the problem. He said I cannot file divorce from within Canada as a person must stay in Canada for at least one year before filling a divorce from Canada. Moreover, he told me that staying apart is not legal separation in the eyes of Canadian law, some kind of legal proof is must in my case.

I am pretty confused what exactly the law says in such a case. My wife will never cooperate with me and I also don't want to give her a hint that I am filing my PR. What is the best way out for such a scenario?

Please do share if anybody had similar experiences in the past.

Thanks for your time,

Hi

Your case is not unique. There is no formal legal separation process in Canada. You are considered legally separated from your spouse now. You can apply as such and leave her out but IRCC may require more proof that you are not together. Showing that you have filed for divorce is the best option.

 

[kevin12345]

hi
I have similar type of case. Applied my pr with legally separated status as we are not living together from last 6 months & do not wish to live again in future. I haven;t filled my divorce yet, planning to do it soon.I got ITA and was trying to complete the online information & it was asking how did you ended your previous relationship : 1) Annnulment 2) Divorce 3) Ended the common law relationship 4) Death of partner.
I am confused what should I put?
Please give me some suggestions.
Thanks

 

[spirit.varun]

technically you are still married even though you are living separate until you sign off the divorce papers,.

 

[Am229]

Hiya,

I have a very important query to ask and wish if i could be provided with the correct information about it. I’m married to a British Citizen and have a daughter too who’s British staying with her mother. Although, we have been separated since September-October 2018 and since then we haven’t been in any sort of communication. I came back to India from the UK in September 2018 and since then I haven’t returned back due to this. My wife or ex-wife (as we aren’t legally separated), have changed all her contact numbers, making it very inconvenient as well as difficult for me to get in touch to reach out for a resolution. However, now I have a intent to apply for a Canadian PR, which I have an advice from an Immigration consultant that I can. They have advised me that I can submit an affidavit specifying that me and my spouse are no longer in talking terms for over 2 years now and I will not be accommodating her or my daughter with any sponsorship or invite to come to Canada. Which i completely understand and justified. But my question is that my spouse will not be cooperating with any of the requirements around this application and I have no communication with her or my daughter since then.

Please assist me with a solution because I’m really confused and puzzled now, as I have no where to go to seek right guidance.

I appreciate you all for your time and patience.

Thanking you.