Applying for canada PR when married but seperated for over 2 years

[master_aspirant]

I am in process to apply for PR. My spouse came here on SOWP but things didn't go well among us. She output false DV allegation on me, and we have been in no contact since then. Peace bond was given by court which has been completed recently. Now, in my PR application I have mentioned the marital status to be married and spouse non-accompanying. Divorce proceeding haven't started yet but we are no-contact for more than 2 years during the course of the court case and have no intention for reconciliation. I am not aware of her whereabouts but she's in canada only. Not aware of her status in Canada and won't be able to get the PCC and medical from her. Now I am wondering:

1) If showing the seperation for 2 years, court case details and letter of explanation stating no intention to reconcile with my spouse will be sufficient to satisfy all the IRCC requirements for non-accompanying spouse. What are the chances of getting PR with this step
2) Or should I start with divorce process, and include the divorce petition(1st stage in divorce process) in the application to strengthen the case further. Please note, it might take longer to finalize the divorce but at least the document will show that the process has been started.

Please advise. Thanks in advance

 

[scylla]

I am in process to apply for PR. My spouse came here on SOWP but things didn't go well among us. She output false DV allegation on me, and we have been in no contact since then. Peace bond was given by court which has been completed recently. Now, in my PR application I have mentioned the marital status to be married and spouse non-accompanying. Divorce proceeding haven't started yet but we are no-contact for more than 2 years during the course of the court case and have no intention for reconciliation. I am not aware of her whereabouts but she's in canada only. Not aware of her status in Canada and won't be able to get the PCC and medical from her. Now I am wondering:

1) If showing the seperation for 2 years, court case details and letter of explanation stating no intention to reconcile with my spouse will be sufficient to satisfy all the IRCC requirements for non-accompanying spouse. What are the chances of getting PR with this step
2) Or should I start with divorce process, and include the divorce petition(1st stage in divorce process) in the application to strengthen the case further. Please note, it might take longer to finalize the divorce but at least the document will show that the process has been started.

Please advise. Thanks in advance

It makes no sense to list her as non accompanying in the application since that still requires her to complete a medical and provide PCCs in order for you to get PR. You need to remove her from your application completely.

 

[master_aspirant]

How can I do that? If I mention marital status as legally seperated, will she be removed from the application? I can't say Divorced yet, since there's no divorce. I read some where that even with legally seperated status, I still have to provide all her details. Please advise. Thanks

 

[CanGoldDigger]

Yup and be prepared to deal with DV allegations issue even with a given peace bond.

 

[CanGoldDigger]

And of course don't forget to disclose it not to misrepresent yourself.

 

[scylla]

How can I do that? If I mention marital status as legally seperated, will she be removed from the application? I can't say Divorced yet, since there's no divorce. I read some where that even with legally seperated status, I still have to provide all her details. Please advise. Thanks

You should change your status to separated and request that IRCC remove her from your application. You will need to provide evidence you have separated. I would recommend filing for divorce now to strengthen your case. If she remains as non-accompanying on your application, your application will not be approved.

 

[master_aspirant]

Thanks @scylla for the info. If I update the marital status to "seperated", will it take away all the spouse related questions from the application?
Also to request IRCC to remove from the application, does that need to be done with webform after ITA submission or before that?
To show the seperation, will the court no contact order, and duration of the case(hearing dates) to show the time of seperation be sufficient?

Please advise. Thanks

 

[master_aspirant]

Thanks @CanGoldDigger . Certainly all that info will be provided and explained as that's the very basis of the seperation.

 

[master_aspirant]

@scylla @legalfalcon Any insights here. Much appreciate for your time to answer my queries.

 

[scylla]

Thanks @scylla for the info. If I update the marital status to "seperated", will it take away all the spouse related questions from the application?
Also to request IRCC to remove from the application, does that need to be done with webform after ITA submission or before that?
To show the seperation, will the court no contact order, and duration of the case(hearing dates) to show the time of seperation be sufficient?

Please advise. Thanks

If you haven't submitted your application yet, then you should remove your spouse now, not later. It will be up to IRCC to determine what evidence is sufficient to show separation. Submit the evidence you have and see if they ask for more.

 

[kbm91]

I am in process to apply for PR. My spouse came here on SOWP but things didn't go well among us. She output false DV allegation on me, and we have been in no contact since then. Peace bond was given by court which has been completed recently. Now, in my PR application I have mentioned the marital status to be married and spouse non-accompanying. Divorce proceeding haven't started yet but we are no-contact for more than 2 years during the course of the court case and have no intention for reconciliation. I am not aware of her whereabouts but she's in canada only. Not aware of her status in Canada and won't be able to get the PCC and medical from her. Now I am wondering:

1) If showing the seperation for 2 years, court case details and letter of explanation stating no intention to reconcile with my spouse will be sufficient to satisfy all the IRCC requirements for non-accompanying spouse. What are the chances of getting PR with this step
2) Or should I start with divorce process, and include the divorce petition(1st stage in divorce process) in the application to strengthen the case further. Please note, it might take longer to finalize the divorce but at least the document will show that the process has been started.

Please advise. Thanks in advance

Any update on this situation? We are kind of facing similar situation. I listed myself as married even though separated already for 3 years. No divorce or annulment yet. I had attached a letter of explanation saying that legally we are still married, but I have made necessary approaches to formalize separation, such as divorce filing. I provided affidavit of separation, a statutory declaration saying I will not sponsor my ex in the future. Since I listed myself as married and spouse non accompanying. System will still ask for her medical, pcc, passport, digital photo.

I have a copy of her passport but for other documents I only submitted a letter of explanation saying I cant provide these since we are already separated and I wish to exclude her from application. I also had my ex sign Imm 5604 forms for our children.

Just submitted my application a few days ago. Im anxious as to how IRCC treats this kinds of situations and submissions from the applicant. Thank you

 

[master_aspirant]

Hi @kbm91 , I yet have to submit the application. Will update you as I get any. Did you consider submitting your application as "legally seperated" since you already have filed for divorce, this is what I have been recommended with whom I did the consultation. May I ask when did you get your ITA.

 

[kbm91]

Hi @kbm91 , I yet have to submit the application. Will update you as I get any. Did you consider submitting your application as "legally seperated" since you already have filed for divorce, this is what I have been recommended with whom I did the consultation. May I ask when did you get your ITA.

Hello. I got my ITA on June 2025.. I was really confused with what to put for my marital status.. so I still put married but included an explanation letter together with the supporting documents I have..

 

[master_aspirant]

I too received in June 2025 and going with the same situation. Was quite stressed if I should go to consultant/lawyer or do it myself. I hired one lawyer but looking at the delays and overlooking documents at their end, finally decided to handle it myself.

 

[kbm91]

I too received in June 2025 and going with the same situation. Was quite stressed if I should go to consultant/lawyer or do it myself. I hired one lawyer but looking at the delays and overlooking documents at their end, finally decided to handle it myself.

Theres a lot of different opinions on this situation and its really hard to come up with one plan. Im just hoping that being transparent with the situation would be enough for the officers to accept whatever documentation is presented