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L

LGR

Guest
I wonder if anyone can help with this question please.
My application for Permanent residency is now complete and I am ready to go. My Canadian wife is my sponsor under the family class, but we have recently separated ( not divorced)
I can prove sufficient funding so I have no problem immigrating and supporting myself, but will my ex wife still need to be involved in any way? or indeed does the separation invalidate my PR?
 
She's not your ex-wife yet to begin with.
Sounds like this was an outland application.
And I'm assuming by "application complete" you mean that a decision was made and the COPR is affixed to your passport if indeed is an outland sponsorship.
Since the decision was made, the sponsorhip remains valid and landing is a go. There's no withdrawal allowed at this point.
I agree that you'd have to state you are separated from your sponsor if they ask you at the landing port to avoid any misrepresentation problems. It's a separation, which means there could be a chance for reconcilliation.
I would consult with an immigration lawyer to make sure it's wise to land under the circumstances.
 
The relationship which makes the sponsorship valid under family class has broken down. You run the risk of misrepresenting yourself and running afoul of the regulations if you land at this point. The letter accompanying my COPR and visa stated that I was obliged to advise the visa office issuing these documents if there were any changes to my family composition such as birth, death, marriage or divorce. While you are not yet divorced, you are separated, and clearly the relationship is in jeopardy if you are already referring to her as your ex-wife.

While you may feel it should be OK because you don't intend to go on welfare or cause your ex-spouse to have to be involved in anything, the agreement is still binding on her for the next 3 years. You cannot exempt her from her responsibility for you, because the agreement is between her and the government.

Consult with a lawyer, and determine what your options are before you attempt to land.