Marital Status confusion

[AlexMorris]

Hi,

I have separated from my wife since Dec.2019.
Since then we never talked and there is no plan to live together anymore. However the legal process to divorce not happened yet.
Thats why, in my express entry profile I selected legally separated for my marital status.
Is it a correct choice? What happens if during my PR process legal divorce happens?

 

[21Goose]

To prove that you're legally separated, you will need to submit documents of legal separation. It's not enough to simply say that you've separated. IRCC will ask you to prove it, otherwise you could just say you're separated, get extra points/avoid examining your spouse, get PR, and then "get back together" and sponsor your spouse. So yes, you will at some point be asked to upload a legal document that proves you're separated/divorced.

If the divorce happens, you will simply need to upload the divorce decree. Otherwise, you should talk to a family lawyer and get a decree of legal separation from your local court.

 

[canuck_in_uk]

Hi,

I have separated from my wife since Dec.2019.
Since then we never talked and there is no plan to live together anymore. However the legal process to divorce not happened yet.
Thats why, in my express entry profile I selected legally separated for my marital status.
Is it a correct choice? What happens if during my PR process legal divorce happens?

Yes, you are legally separated. if you divorce mid-process, update IRCC. If you have already filed for divorce, you should include proof of that in your app.

 

[canuck_in_uk]

To prove that you're legally separated, you will need to submit documents of legal separation. It's not enough to simply say that you've separated. IRCC will ask you to prove it, otherwise you could just say you're separated, get extra points/avoid examining your spouse, get PR, and then "get back together" and sponsor your spouse. So yes, you will at some point be asked to upload a legal document that proves you're separated/divorced.

If the divorce happens, you will simply need to upload the divorce decree. Otherwise, you should talk to a family lawyer and get a decree of legal separation from your local court.

IRCC does not allow the situation you mentioned to happen. Even if they are separated at the time of the app and the spouse is not included, s/he will still be excluded from the Family Class and never be able to be sponsored.

 

[AlexMorris]

To clarify, she already lives in Canada and got her citizenship a while ago.

 

[AlexMorris]

Yes, you are legally separated. if you divorce mid-process, update IRCC. If you have already filed for divorce, you should include proof of that in your app.

Is there any document to prove this? We did not start the legal process yet. Also, I have concerns that in mid process if I divorce how my PR process will be affected? Does it cause any delay?

 

[canuck_in_uk]

To clarify, she already lives in Canada and got her citizenship a while ago.

Is there any document to prove this? We did not start the legal process yet. Also, I have concerns that in mid process if I divorce how my PR process will be affected? Does it cause any delay?

The fact that she is Canadian is information you should have mentioned in the first post. It means she can't be included in the app even if you were still together.

If you divorce mid-process, it will have no effect on the app.

 

[AlexMorris]

The fact that she is Canadian is information you should have mentioned in the first post. It means she can't be included in the app even if you were still together.

If you divorce mid-process, it will have no effect on the app.

Yes I missed that, sorry for that. Thank you for information.