I got married in 2017,but living separately from my husband since almost an year,I have filed a case against his parents last December.The case is still pending in court,and planning to file dowry case against my husband too.I cleared my ielts recently and waiting for eca by MCC.Should I make an express entry profile and what should I put up as my marital status,since I m still neither legally separated nor divorced from my husband..?
marital status confusion
- Thread starter meghad
- Start date
I'm sorry to hear about your troubles... Hope all will go well.
Do I understand you're in process for divorce?
If that's the case, you have to declare married as marital status, because that's your status at the time of application. In that case, you declare spouse as "non-accompanying" (I suppose he's not going with you). When you answer "No" to the question if spouse is accompanying, a box will appear for you to explain why. Just explain you're in on process of divorce.
However, as soon as it's final, you have the obligation of letting CIC know of your marital status.
Good Luck.
Do I understand you're in process for divorce?
If that's the case, you have to declare married as marital status, because that's your status at the time of application. In that case, you declare spouse as "non-accompanying" (I suppose he's not going with you). When you answer "No" to the question if spouse is accompanying, a box will appear for you to explain why. Just explain you're in on process of divorce.
However, as soon as it's final, you have the obligation of letting CIC know of your marital status.
Good Luck.
Canada does not have a formal legal separation process. As the marriage is ending and you are living apart, you are legally separated.
The marriage didn't happen in Canada. Hence 'legally separated' status is derived from the country in which the marriage was registered. I dont think 'legally separated' can be valid here as there is no legal separation filled yet and no possible documentation can be provided for the claimed status. The status should ideally be married with spouse 'not accompanying' with the required explanation. My personal suggestion would be to pause all legal battles until the PR is approved.
What's going on between you and your in-laws and any "dowry" case are irrelevant. What's relevant is whether you are going to get a divorce or not.
Officially you are married, your husband is non-accompanying if you plan on getting a divorce and/or not be with him anymore. If you decide to apply for a divorce, you can also mention this in the reasoning as to why he's not accompanying. Keep IRCC appraised of your marital status.
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As already noted, the legal cases you mention are not relevant to IRCC. What IS relevant is whether you are divorced, or in process of getting a divorce. Otherwise, you will have to list your husband on your application; you can list him as non-accompanying, but you will still need to provide PCC and medical exam results for him - which may be difficult to get him to cooperation - and have sufficient proof of funds for 2 people.
Can you not file for divorce? This will help enormously....
The location of the marriage is completely irrelevant to the discussion. Marital status for an IRCC application is determined by Canadian rules. It is like common-law status; many countries don't recognize it but people from such countries are still required to declare themselves common-law when applying to Canada.
OP is legally separated.
1) What could be the documentation OP is to submit for legal separation?
Please correct me, If I am wrong with my perception.
2) I dont understand this point, how can Canada dermine/validate the marrital status of a foreign allien?
Back in my home country, proof of living together for over a period of time can be used by either partner to claim marrital status, file a divorce and demand compensation. Talaq based divorces are still practised. These are not valid by Canadian law. According to IRCC you need to provide documentation if you claim a status other than single and this documentation has to come from the home country, OP cannot just verbally claim this status.
Very recently another PR applicant here got charged for an 1 oz marijuana possesion in US, if convicted its a Class 5 felony on his FBI records with jail sentence. But according to Canadian law it is not a crime. So will IRCC not consider this conviction?
1. Proof of filing taxes as separated, separating finances, living alone. Proof of filing for divorce is the best.
2. A person can submit proof of the separation, just as they would submit a marriage or divorce certificate.
Many Canadian provinces have similar laws that give common-law partners the same rights as married spouses when a relationship ends.
Crimes in other countries are equated to Canadian law. Many backwards countries still convict people for homosexuality, adultery or even just kissing in public. Those are not crimes in Canada, so IRCC does not consider those to be actual criminal convictions. Also, the marijuana case is a different scenario now considering it was still a crime in Canada when that person did it.
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