Legally separated

[zoezozo]

Hi!
I am going through the application forms in order to sponsor my children. I have just completed the forms and have the residency requirements for my pr, having landed in 1966 and having spent the last 2 years in Canada. I am still married, but not living with my husband- he is out of the country while I live and work in Canada.
I have a few questions, I see that legally separated is the term used for when you are not living with your spouse, so is he still considered my spouse even though we are legally separated? If I will be sponsoring my children but not my husband, do I have to give his information in the application? We have decided that he should apply as a skilled worker if/when he decides he would like to come to Canada as more than a visitor.
Is the process shorter when only sponsoring accompanying minors? Or does it take as long as when sponsoring your spouse as well? Once I sponsor, may I leave the country for short periods of time or is it better to stay until they have been approved?
Thankyou in advance!

 

[zardoz]

Legally separated is the term for when the marriage is effectively over but you are not yet divorced. Is that what you mean?

 

[zoezozo]

No, that's what is confusing me. The CIC definition is you are "married, but no longer living with your spouse"

 

[zardoz]

If you are still happily married, but just in two different parts of the world, then you are not "legally separated". Put "Married" as the answer.

 

[amikety]

No, that's what is confusing me. The CIC definition is you are "married, but no longer living with your spouse"

Some places have "legal separation" and some places do not. You need to check the laws of where you are living to see if you are legally separated locally and also check CIC's definitions of "legally separated."

I am not very familiar with "legal separation" since I'm not Canadian, but I believe you have to file a paper with the court to get that status.

http://www.ottawadivorce.com/legal_separation_Canada.htm

 

[zoezozo]

I live in Canada and I am just filling out the regular forms required. The terminology is confusing though, I wouldnt want them to say I was misleading them by claiming to be married but living apart. But if I am not planning to sponsor him, then I suppose it doesnt matter. Strictly speaking by CIC definition we are legally separated and we are married at the same time...

Legally Separated:
This means that you are married, but no longer living with your spouse.

Married:
This means that you and your spouse have had a ceremony that legally binds you to each other. Your marriage must be legally recognized in the country where it was performed and in Canada.

Common sense should prevail however, I dont want it to look like its misleading

 

[amikety]

Legally (to me) implied a legal form or order stating the separation. That's what I got from the link I provided.

 

[zoezozo]

Yep I would agree with you its just their definition that is making me doubt. Thanks though!