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Separated from spouse - want to apply for PR

carsnjets

Newbie
Feb 11, 2010
7
0
My profession / experience very well qualify under 38 fast track categories. I am married and have one 4 year old daughter. However I am separated from my husband for last couple of years but not divorced. Divorce is not even in the process. Is there a way I can apply for PR excluding my husband but not my daughter? What are my options? Do I need any approval from him to do so or it's not possible at all without taking divorce. Someone please help. Thanks!
 

OrangeC

Star Member
Jan 25, 2010
79
7
Canada
Category........
Visa Office......
Buffalo->NewYork
NOC Code......
0213
Job Offer........
Pre-Assessed..
App. Filed.......
10-08-2009
Doc's Request.
30-09-2009
AOR Received.
05-01-2010
File Transfer...
11-05-2010
Med's Request
17-06-2010
Med's Done....
08-07-2010
Passport Req..
21-09-2010
VISA ISSUED...
01-10-2010
LANDED..........
01-11-2010
carsnjets said:
My profession / experience very well qualify under 38 fast track categories. I am married and have one 4 year old daughter. However I am separated from my husband for last couple of years but not divorced. Divorce is not even in the process. Is there a way I can apply for PR excluding my husband but not my daughter? What are my options? Do I need any approval from him to do so or it's not possible at all without taking divorce. Someone please help. Thanks!
I am not sure if this will be an issue at the initial stages but when it comes time to request your daughter's passport for stamping of the PR, you will definitely need your paperwork (divorce/written consent from spouse) in order. They will not allow you to bring your daughter into Canada without the consent of both parents.

I know for a fact that the US doesn't stamp a visa for a minor without the written consent of the other parent. I'm pretty sure Canada would impose the same constraints as well. You're obviously better off consulting a lawyer.
 

bennyameh

Hero Member
Dec 13, 2009
635
37
Job Offer........
Pre-Assessed..
Hi
Since you are married and will like to include your daughter in the application,it is either you submit the marriage certificate or divorce papers when submitting docs to CHC.
Benny
 

velbypaul

Hero Member
Feb 5, 2010
228
8
India
Category........
Visa Office......
New Delhi
NOC Code......
3152
Job Offer........
Pre-Assessed..
App. Filed.......
10-07-2009
AOR Received.
17-08-2009
File Transfer...
09-09-2009
Med's Request
26-11-2009
Med's Done....
22-12-2009
Interview........
Waived
VISA ISSUED...
March 30, 2010 but Decision Made on April 5, 2010
LANDED..........
May 2010
Am not sure, but during the time of meds, I think you will have to undergo meds for all including your husband. I think i read it somewhere, like you should do meds of husband or wife eventhough not accompanying to Canada. So if this is the rule, you will have to do meds also for him unless you are separated legally.
 

carsnjets

Newbie
Feb 11, 2010
7
0
What if I get a letter from my husband that he will not accompany me and he has no objection taking my daughter alongwith me. Is there any sepcific format available. Do CIC accept such letters?


bennyameh said:
Hi
Since you are married and will like to include your daughter in the application,it is either you submit the marriage certificate or divorce papers when submitting docs to CHC.
Benny