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Unfortunate situation PR in process

Mars2016

Full Member
Jun 8, 2016
47
3
Hey Guys. I am in a very unfortunate sad situation. I filed my PR pnp paper based (added my spouse as dependednt) last year and i am expecting medicals for us soon but unfortunately my marriage is not working out. There have been problems throughout. I understand i need to inform cic of this and change my spouse to non accompany right away untill i submit some documentary legal document. But I am worried it may delay my application. What if non accompany spouse refuses to do medicals and I can't produce legal document in short period of time. Can my PR application be rejected also because of it? I'd appreciate your input. Thanks
 

scylla

VIP Member
Jun 8, 2010
97,243
23,062
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Your spouse still has to complete the medical - even if your spouse is non accompanying. If your spouse is non accompanying and refuses to do the medical - your visa will be refused.
 

Rob_TO

VIP Member
Nov 7, 2012
11,426
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
You can try including a signed affidavit that you are separated from your spouse but have not yet been officially divorced, and do not want him included in the application. It would also need to state that you are aware he can then never be sponsored by you in the future.

CIC may continue to push for him to do medicals anyways, or may allow him to be removed from app completely.
 

Mars2016

Full Member
Jun 8, 2016
47
3
scylla said:
Your spouse still has to complete the medical - even if your spouse is non accompanying. If your spouse is non accompanying and refuses to do the medical - your visa will be refused.

Thanks for your reply. I invested 5+ years of my life here in Canada, came as student, have a decent professional job now. Never thought of asking these questions and be in such situation. So unless I have a divorce certificate in hand I can't avoid my refusal? and there any no other way out?
 

Mars2016

Full Member
Jun 8, 2016
47
3
Rob_TO said:
You can try including a signed affidavit that you are separated from your spouse but have not yet been officially divorced, and do not want him included in the application. It would also need to state that you are aware he can then never be sponsored by you in the future.

CIC may continue to push for him to do medicals anyways, or may allow him to be removed from app completely.
Are you aware of any such case where PR was granted? It sounds like even if i submit affidavit, the possibility of refusal is still there but I'll try this if that's the only option I have. Thanks much for your advice.
 

scylla

VIP Member
Jun 8, 2010
97,243
23,062
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Mars2016 said:
Thanks for your reply. I invested 5+ years of my life here in Canada, came as student, have a decent professional job now. Never thought of asking these questions and be in such situation. So unless I have a divorce certificate in hand I can't avoid my refusal? and there any no other way out?
If you can show that you have officially started divorce proceedings (i.e. show paperwork that you have filed for divorce) - then you should be able to drop your spouse completely from the application.
 

Rob_TO

VIP Member
Nov 7, 2012
11,426
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
Mars2016 said:
Are you aware of any such case where PR was granted? It sounds like even if i submit affidavit, the possibility of refusal is still there but I'll try this if that's the only option I have. Thanks much for your advice.
Yes there have been cases where CIC has accepted this for both spouses and children for various reasons, if you search through old forum posts. However in some cases CIC continues to push for the spouse/dependent to do the medical so may need to be persistent if it's the only option.

In some countries like Philippines divorce is illegal so it would be the only way for some people to immigrate here that are separated but not legally divorced on paper.
 

Leon

VIP Member
Jun 13, 2008
21,950
1,324
Job Offer........
Pre-Assessed..
Rob_TO said:
Yes there have been cases where CIC has accepted this for both spouses and children for various reasons, if you search through old forum posts. However in some cases CIC continues to push for the spouse/dependent to do the medical so may need to be persistent if it's the only option.

In some countries like Philippines divorce is illegal so it would be the only way for some people to immigrate here that are separated but not legally divorced on paper.
CIC is always hesitant to remove children from an application because they can't be sponsored later. In order to remove a child, they ask for proof that the other parent has sole custody and is refusing to make the children available for medicals.

It should be a bit easier with a spouse. If you show that you are separated and have filed for divorce, it might be ok.