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Do I need to get my marital status changed?

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onebyonepixel

Member
Dec 16, 2020
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Without going into too much details, but me & my spouse are currently living separately in different provinces but haven't yet filed for a separation agreement. Do I still need to let IRCC know about my situation? I received my AOR last month.

I talked to the lawyer that handled my PR case, he mentioned I should still let IRCC know.
 
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You only need to share this info with IRCC if this is official. If it is still between you two, then no need
 
rafzy said:
You only need to share this info with IRCC if this is official. If it is still between you two, then no need
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I agree with your point but I think I do need to keep them updated & avoid any complications down the road. While I know I was married at the time of sending my application but since things have changed, they should know. I think I need to follow the golden rule here :)

I would love to know other people's thoughts on this because "Legally Separated" is quite a confusing term & everyone has different opinion on this.
 
onebyonepixel said:
I would love to know other people's thoughts on this because "Legally Separated" is quite a confusing term & everyone has different opinion on this.
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"Legally separated" is a legal term having implications on financial liabilities, tax benefits and even tax return filing etc. If you have a lawyer he/she can advise best.
In case of IRCC, if you have moved to a different residence due to this separation, then you are obliged to inform them. Else they won't care till a divorce is finalized.
Rest is your call.
 
nerd said:
"Legally separated" is a legal term having implications on financial liabilities, tax benefits and even tax return filing etc. If you have a lawyer he/she can advise best.
In case of IRCC, if you have moved to a different residence due to this separation, then you are obliged to inform them. Else they won't care till a divorce is finalized.
Rest is your call.
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I haven't moved places so I don't think I need to do that, she has moved to somewhere else instead. Is there a definitive proof somewhere where IRCC mentions this? Moreover, would I still be filing tax returns with marital status as 'married'?

I just want no complications, that's all.
 
onebyonepixel said:
I haven't moved places so I don't think I need to do that, she has moved to somewhere else instead. Is there a definitive proof somewhere where IRCC mentions this? Moreover, would I still be filing tax returns with marital status as 'married'?

I just want no complications, that's all.
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I am not a lawyer. Use this advice at your own risk.
AFAIU, "legally separated" is a legal procedure that you and your spouse have to file for in court. Otherwise you are still "married".

In any case, you and your separated spouse are both eligible for citizenship, regardless if you are legally married, legally separated or legally divorced.
 
deadbird said:
I am not a lawyer. Use this advice at your own risk.
AFAIU, "legally separated" is a legal procedure that you and your spouse have to file for in court. Otherwise you are still "married".

In any case, you and your separated spouse are both eligible for citizenship, regardless if you are legally married, legally separated or legally divorced.
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It's also OK for two spouses to live in different locations and still be married. e.g. an Alberta oil worker who's family lives in Nova Scotia.
 
deadbird said:
I am not a lawyer. Use this advice at your own risk.
AFAIU, "legally separated" is a legal procedure that you and your spouse have to file for in court. Otherwise you are still "married".

In any case, you and your separated spouse are both eligible for citizenship, regardless if you are legally married, legally separated or legally divorced.
Click to expand...

I am actually filing for citizenship for just for myself not my spouse. Yeah we haven't signed any agreements or filed anything with court yet, so I don't think it will constitute as 'legally separated'.

Though I know that in the eyes of the court when we file for divorce we would be considered as separated since we wouldn't have lived together for a year at that point.
 
deadbird said:
Do you have any evidence for this supposition or is it your belief ?
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Ah, actually never mind. I didn't read your statement carefully. You're right. If and when you do file for divorce living separately for 1 year is a necessary condition to be granted a divorce.
 
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I guess I will talk to another immigration lawyer tomorrow to confirm this. Though I feel I don't need to but it doesn't hurt to confirm this.
 
If you are not officially divorced, then you should mention 'MARRIED' while sending application to IRCC. No exceptions or it will considered misinterpretation.

If you have already sent your application with 'MARRIED' status. You don't need to worry
 
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twrooney said:
If you are not officially divorced, then you should mention 'MARRIED' while sending application to IRCC. No exceptions or it will considered misinterpretation.

If you have already sent your application with 'MARRIED' status. You don't need to worry
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I am thinking about this too but then why the lawyers are telling me to tell the IRCC & I am obligated to tell them about my situation? Something to ponder upon.
 
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