Spouse Open Work Visa to PR

[imansoor]

Hello Guys,

I am getting mix answers on my situations from immigration consultant.
Can I apply PR separately as me and wife are going through marriage separation. Asking because wife denied adding my application with her PR file (she was student now on PGWP)
I am on the Spouse Open work visa and it valid till Sept 2024.

Need to know what are my options since I am on dependent visa.


Thanks in advance!

 

[Copingwithlife]

Hello Guys,

I am getting mix answers on my situations from immigration consultant.
Can I apply PR separately as me and wife are going through marriage separation. Asking because wife denied adding my application with her PR file (she was student now on PGWP)
I am on the Spouse Open work visa and it valid till Sept 2024.

Need to know what are my options since I am on dependent visa.


Thanks in advance!

Yes

 

[imansoor]

Yes

I would really appreciate if you can elaborate.

1. Even If I am eligible to apply individually for PR. Do I need any documents from my Spouse?
I am in the situation where my spouse is not supporting with anything.

2. Does my spouse need to show my documents for her PR application such as PCC etc.

 

[sabensaid92]

If you want to file as separated yes you can.
You'll need to have and living in a different address than your wife's.
You'll need to provide a documents that you've at least initiated a divorce procedure (or a documents from your lawyer indicating that he is representing you in this matter)
You'll need to add to your Letter of explanation an notarized affidavit stating that:

1. You're separated with your wife since xxxx date
2. due to her non-collaboration she will not undergo medical and doesn't want to provide a police certificate.
3. You do not have the intention to reconcile with her and you understand that you cannot sponsor her in the future

 

[imansoor]

Thanks for the reply..

You'll need to have and living in a different address than your wife's.

Yes we are living separately and the addresses are different now.

You'll need to provide a documents that you've at least initiated a divorce procedure (or a documents from your lawyer indicating that he is representing you in this matter)

In Ontario, you have to be separated for atleast 1 year to be eligible for Divorce. Legally Separation document will help in this?

 

[sabensaid92]

Thanks for the reply..


Yes we are living separately and the addresses are different now.


In Ontario, you have to be separated for atleast 1 year to be eligible for Divorce. Legally Separation document will help in this?

Actually, legally separated which is a different status than divorce. Legally separated as explained by IRCC is when you are still legally married but no longer living with your spouse. So just like you guys, a couple no more living together but divorce has not been pronounced yet.
If she's willing to sign with you an affidavit that's you guys are separated that's great. Otherwise just follow the steps I have previously told you and because you are not eligible yet for divorce, you can explain that in the your letter of explanation but you must have add notarized affidavit stating that from you stating the point I've mentioned in my pervious answer.