Separated, do not have custody of kids, do i count them to calculate income?

[allcr]

No - that's not correct.

If you are legally separated, then you do not include him in LICO. However he also cannot be a co-signer. He's excluded completely from the process.

Sorry, but we can read on cic web site

Step 1. How many people are in your family (including how many you sponsored before)?
Include

• yourself
• your spouse (even if you’re separated) or common-law partner (who could also be your co-signer)

 

[YVR123]

He is countable for family size for Income requirement for
Parent and Grandparent Sponsorship and can't be co-signer at the same time. Is it correct?

If he is an ex-husband, I assume that you and him are divorced.
The only way he will be counted in the family size for calculation is that you sponsored him and he is still in your undertaking. (3 years since he landed)

BUT regardless if he is still in your undertaking or not, an ex-spouse cannot be a co-sponsor. And I do not see how an ex would like to signed up to be undertaking of your parents for 20 years undertaking. The responsibility continues even after the divorce is final.

What really is your relationship with him?

 

[allcr]

If he is an ex-husband, I assume that you and him are divorced.
The only way he will be counted in the family size for calculation is that you sponsored him and he is still in your undertaking. (3 years since he landed)

BUT regardless if he is still in your undertaking or not, an ex-spouse cannot be a co-sponsor. And I do not see how an ex would like to signed up to be undertaking of your parents for 20 years undertaking. The responsibility continues even after the divorce is final.

What really is your relationship with him?

Sponsor and ex are legally separated.
The question has arosed due to the fact that we can read on cic web site that we need to include in the family size a spouse (even if you’re separated)...

 

[YVR123]

Sponsor and ex are legally separated.
The question has arosed due to the fact that we can read on cic web site that we need to include in the family size a spouse (even if you’re separated)...

Then he is your spouse (not ex-spouse).

In this case, he COULD be a co-signer but I DO NOT believe any person about to get a divorce wants to signup for 20 years undertaking for their ex-inlaws.....
It's a commitment and you NEED to let him know... If you didn't make it clear and mislead him to sign it... it's serious crime.

 

[allcr]

Then he is your spouse (not ex-spouse).

In this case, he COULD be a co-signer but I DO NOT believe any person about to get a divorce wants to signup for 20 years undertaking for their ex-inlaws.....
It's a commitment and you NEED to let him know... If you didn't make it clear and mislead him to sign it... it's serious crime.

Yes, sponsor and spouse are spouses which are legally separated.

The application to sponsor, sponsorship agreement and undertaking does not allow to indicate the legally separated spouse as co-signer. He needs only have married status. But he is countable to family size and because of that sponsor doesn't meet the LICO requirements.

If they get divorced before sponsor will apply for family sponsorship this year, will it resolve the problem? Thank you in advance.

 

[next_next]

Similar situation:
Legally separated but not divorced.
Do I include the spouse for calculating family size. He is not even in Canada

However the instructions say:
Step 1. How many people are in your family (including how many you sponsored before)?
Include

• yourself
• your spouse (even if you’re separated) or common-law partner (who could also be your co-signer)

 

[YVR123]

Similar situation:
Legally separated but not divorced.
Do I include the spouse for calculating family size. He is not even in Canada

However the instructions say:
Step 1. How many people are in your family (including how many you sponsored before)?
Include

• yourself
• your spouse (even if you’re separated) or common-law partner (who could also be your co-signer)

I think instruction is to include spouse that's separated. But I guess you disagree.

For the question of physically in Canada or not, all dependents are counted regardless of where they are living now.

 

[YVR123]

Yes, sponsor and spouse are spouses which are legally separated.

The application to sponsor, sponsorship agreement and undertaking does not allow to indicate the legally separated spouse as co-signer. He needs only have married status. But he is countable to family size and because of that sponsor doesn't meet the LICO requirements.

If they get divorced before sponsor will apply for family sponsorship this year, will it resolve the problem? Thank you in advance.

If they are divorced before application is sent, then the ex-spouse will not be counted in the family size.