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.