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DOES LEGALLY SEPARATED status needs proof?

ozmatwork

Star Member
Mar 4, 2014
71
0
Hi to all!

I read the thread and couldn't help myself not to share. I am also separated and have two kids, when I submitted my application I included our "compromised agreement document" in which all our sworn statements are listed and signed by us and a lawyer. Of course it includes "both party are now living separately" etc. etc. I also filed an annulment so I requested for a certificate that the annulment is being processed in my home country. But the sad part is that my children are not accompanying me in Canada because on the agreement they are on their mother's custody. I have no choice but to put them as not accompanying... I sent my application April 7 and got my AOR April 30, 2014... Now I'm waiting for MR or any request from CIC.

Thanks!
 

sara7585

Newbie
May 29, 2017
6
0
hi, I am in the same boat as you too, my lawyer just made me a letter of explanation and the husband doesnt need to sign. I submitted my PR application last June and got aor in august, it's a good thing too that we didn't have kids or property. I just hope that it wouldn't cause any future delays though.
Hi, I am in the same boat. we are staying separate for 4-5 months but not filed divorce yet. Could you please guide what legal documents will be needed along with my application?
 

jes_ON

VIP Member
Jun 22, 2009
12,092
1,421
Category........
Visa Office......
New York
Job Offer........
Pre-Assessed..
App. Filed.......
06-May-2010
AOR Received.
13-Aug-2010
File Transfer...
01-Mar-2011
Passport Req..
30-Jun-2011
VISA ISSUED...
12-Jul-2011 (received 25-Jul-2011)
LANDED..........
03-Sep-2011
Hi, I am in the same boat. we are staying separate for 4-5 months but not filed divorce yet. Could you please guide what legal documents will be needed along with my application?
IRCC would prefer to see the divorce certificate. Failing that, the legal documents that you have filed for divorce.

Are you both in Canada or not?

You will likely need a lawyer. If he can provide a sworn statement that you are separated, that he has no intention of reconciliation, no intention of ever immigrating to Canada, and agrees that you can never sponsor him for immigration, then IRCC may accept that.

Otherwise, you will have to include him as a non-accompanying spouse, which would require that he completes the medical exam and provides police clearances...
 

sara7585

Newbie
May 29, 2017
6
0
IRCC would prefer to see the divorce certificate. Failing that, the legal documents that you have filed for divorce.

Are you both in Canada or not?

You will likely need a lawyer. If he can provide a sworn statement that you are separated, that he has no intention of reconciliation, no intention of ever immigrating to Canada, and agrees that you can never sponsor him for immigration, then IRCC may accept that.

Otherwise, you will have to include him as a non-accompanying spouse, which would require that he completes the medical exam and provides police clearances...
Hi,
Thank you for your response!
We are not in Canada. We are in India.
Does my husband need to sign the sworn statement or just me? I am afraid he would not do that.
 

hamiltondreamer

Star Member
Mar 30, 2017
104
5
Nigeria
Category........
NOC Code......
0411
App. Filed.......
06-04-2017
Nomination.....
12-04-2017
IRCC would prefer to see the divorce certificate. Failing that, the legal documents that you have filed for divorce.

Are you both in Canada or not?

You will likely need a lawyer. If he can provide a sworn statement that you are separated, that he has no intention of reconciliation, no intention of ever immigrating to Canada, and agrees that you can never sponsor him for immigration, then IRCC may accept that.

Otherwise, you will have to include him as a non-accompanying spouse, which would require that he completes the medical exam and provides police clearances...
hello did you use this route too ? Pls can you be more explicit on how this procedure works . I am filling my form now and the application form is asking for date the relationship ended and in what manner the relationship ended . The options are ( (death/annulment/divorce /common partner relationship ended)
 

scylla

VIP Member
Jun 8, 2010
92,872
20,508
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hi,
Thank you for your response!
We are not in Canada. We are in India.
Does my husband need to sign the sworn statement or just me? I am afraid he would not do that.
Both of you. If he won't do that, then file for divorce and include that as proof.
 

Docmustakeem

Member
Jan 6, 2018
10
0
Hello all.my crs is 469....i am living seperately with my wife and shall divorce her i future..how sfuturei proceed with my express entry profile ans what all documents should i provide in order to convince CIC.....if there is no way out would a divorce deed do??or the legal seperation agreement stating that the two parties are divorced is the only way out???please guide as it is very urgent
 

manik782

Member
Dec 21, 2017
18
1
I made an affidavit explaning what happened in our marriage and that I am planning to file for divorce in the near future, then I have it notarized by a lawyer.my representative got me tp sign a declaration form (which u can request from CPP Ottawa) stating that my soon to be ex-husband is not part of my family member and he will not be sponsored in the near future. Goodluck on your application.
i am in the same boat, living separate from my wife for last 11 months and i also filed the judicial separation. What should i do now? what need to be selected in express entry profile marital status field?