Change of Marital Status in Citizenship Application

[Raju341]

Hi, I am planning to apply Citizenship. I have a concern about the Marital Status in the application form. Actually I am going through Divorce and still it is in court and I am awaiting for divorce to be granted. In the mean time, I would like to apply for the Citizenship as Divorce may take upto 6- 8 months. So I have couple of questions:

1) In the application, do I need to specify the marital status as Married since my divorce is not granted yet?

2) If I applied my citizenship application with the Marital Status as Married before my divorce is granted and if my divorce is granted during my application processing, do I need to update the Marital Status of my citizenship application to "Legally Separated" after my divorce is granted. If so, do I need to use web form to update the change in Marital Status?

Do you think doing this might affect my application processing time or will it affect my application in any way that may lead to refusal of my application?

 

[Raju341]

Guys, can someone please reply?

 

[GokulGuruprasad]

Guys, can someone please reply?

I'd advise you & your spouse immediately sign a "Separation Agreement" in the standard Ontario format. Once that is signed, you can claim to be legally separated and send your application in. That should suffice till the time an official Divorce order comes in from the court.

Just google "Separation Agreement Ontario" and you'll get a standard format, use that and both you & your spouse should sign it with two witnesses.

That's enough to be called "legally separated".

Source - My own experience.

 

[Raju341]

I'd advise you & your spouse immediately sign a "Separation Agreement" in the standard Ontario format. Once that is signed, you can claim to be legally separated and send your application in. That should suffice till the time an official Divorce order comes in from the court.

Just google "Separation Agreement Ontario" and you'll get a standard format, use that and both you & your spouse should sign it with two witnesses.

That's enough to be called "legally separated".

Source - My own experience.

Thanks for the reply. She lives in India, she never landed in Canada and we filed a mutual divorce. Can I use those papers to say as legally separated? And if i submit my citizenship application as married and later if i update my status as legally separated. Do you think that's a good idea?

 

[Raju341]

And while searching for the document you mentioned, i came across this https://www.canada.ca/en/financial-consumer-agency/services/getting-separated-divorced/legal-matters.html

 

[GokulGuruprasad]

And while searching for the document you mentioned, i came across this https://www.canada.ca/en/financial-consumer-agency/services/getting-separated-divorced/legal-matters.html

Ok. So what's your point about this document?

 

[GokulGuruprasad]

Thanks for the reply. She lives in India, she never landed in Canada and we filed a mutual divorce. Can I use those papers to say as legally separated? And if i submit my citizenship application as married and later if i update my status as legally separated. Do you think that's a good idea?

I'd suggest you say you're "legally separated" and file your application, because you are separated - that's the truth.
Don't go in for additional complexity of changing your marital status later.

 

[taherkhan]

I'd suggest you say you're "legally separated" and file your application, because you are separated - that's the truth.
Don't go in for additional complexity of changing your marital status later.

Hi, is it a legal separation even when the separation agreement is not in place?

 

[GokulGuruprasad]

Hi, is it a legal separation even when the separation agreement is not in place?

Ideally you need something in writing. In his case, he seems to have filed something in a court in India (which will by law state the fact that they're living separately) and hence that should suffice.

 

[taherkhan]

Ideally you need something in writing. In his case, he seems to have filed something in a court in India (which will by law state the fact that they're living separately) and hence that should suffice.

Thanks makes sense

 

[Raju341]

And while searching for the document you mentioned, i came across this https://www.canada.ca/en/financial-consumer-agency/services/getting-separated-divorced/legal-matters.html

Sorry, I should have been more specific. As per that website, it says

"A separation is when two people who have been living together as a married or common-law couple decide to live apart. If you’re married, separation doesn’t end the marriage.

A divorce is when a court officially ends a marriage."

So according to that, I can only say "Legally Separated" only if we are common law.

I am little confused.

 

[carl321]

Hello,

I have a similar question: I applied for my citizenship app in June 2019 it’s gone thru initial stages and currently at in processing status since October. This year 2020 April my partner and I filled taxes as common law. We don’t have any legal document declaring as common law and there’s isn’t one as far as I know. But should I cal cic and tell them about this change? My partner is also a PR holder and she will file for citizenship separately in 2021 when she’s eligible and don’t want to use my status. Also if Ircc ask for any documentation I don’t have any. Would this create any delays to my app and also I don’t want to lie to the cic

 

[solo30]

As this is a change to the application you submitted, I think you have to update them via web form.

 

[carl321]

As this is a change to the application you submitted, I think you have to update them via web form.

Thanks I just submitted using the web form seems straight forward

 

[22Sho]

Hi

Sorry, I should have been more specific. As per that website, it says

"A separation is when two people who have been living together as a married or common-law couple decide to live apart. If you’re married, separation doesn’t end the marriage.

A divorce is when a court officially ends a marriage."

So according to that, I can only say "Legally Separated" only if we are common law.

I am little confused.

Hi Raju,
What did you finally put in the marital status in the application? I am also facing a similar issue. I dont have a legal separation document but I have a court application filed in canada for child support and custody saying that we are seperated since july.. I have not updated CRA that am seperated. So should I put married or legally separated? We still live in same house and every other document is together.