marital status problem

[loida86]

Hello everyone,

I am going to apply for PR come last week of September or first week of October. I have too many worries though, and one of which is my marital status. I applied as married here eventhough i have been living separately with my husband for many years. We do not have any legal separation papers and so instead of ticking "separated" i still ticked "married" as my status.. since technically i am still married. I filed my income tax here, on my first year here, by mistake, d accountant indicated that i am 'single".. i immediately corrected the mistake by changing my status from single to married, i mailed them the applicable form. On the following tax year, apparently, they didnt correct my status since they sent me a letter saying about my entitlement to GST. They asked for a document showing my union with my husband and his income tax. I mailed them a photocopy of my marriage certificate and a letter that says he has no sin number here or a net income to show since he doesnt live here. My concern is, since I am filing a divorce against my husband, he has already been served, but refused to sign the papers.. will this be an issue when CIC reviews my application? According to the guideline that i read, they will also review evidences such as income tax returns showing status as separated. Will this be a problem, since i filed as married? I couldnt tick the box "legally separated" because i do not have legal separation papers to show. Now that i am filing a divorce, what should i indicate on my status, married or separated? divorce is not yet finalized so I cant tick that box. But i shall be asking my lawyer for a letter indicating that divorce proceedings are underway.



Help me please? Thanks!!

 

[ASyed]

Hello everyone,

I am going to apply for PR come last week of September or first week of October. I have too many worries though, and one of which is my marital status. I applied as married here eventhough i have been living separately with my husband for many years. We do not have any legal separation papers and so instead of ticking "separated" i still ticked "married" as my status.. since technically i am still married. I filed my income tax here, on my first year here, by mistake, d accountant indicated that i am 'single".. i immediately corrected the mistake by changing my status from single to married, i mailed them the applicable form. On the following tax year, apparently, they didnt correct my status since they sent me a letter saying about my entitlement to GST. They asked for a document showing my union with my husband and his income tax. I mailed them a photocopy of my marriage certificate and a letter that says he has no sin number here or a net income to show since he doesnt live here. My concern is, since I am filing a divorce against my husband, he has already been served, but refused to sign the papers.. will this be an issue when CIC reviews my application? According to the guideline that i read, they will also review evidences such as income tax returns showing status as separated. Will this be a problem, since i filed as married? I couldnt tick the box "legally separated" because i do not have legal separation papers to show. Now that i am filing a divorce, what should i indicate on my status, married or separated? divorce is not yet finalized so I cant tick that box. But i shall be asking my lawyer for a letter indicating that divorce proceedings are underway.



Help me please? Thanks!!

Hi loida86,

You should be ticking the seperated box, because from my understanding your not living together and you've filed for divorce and sent the papers... even though ex husband did not sign.

ASyed

 

[jealous 15]

I will apply for my PR but I cannot put that my spouse will accompany since he is now living with another woman and they have kids now. Please advise what I can do since my work permit will also expire next year,

 

[scylla]

I will apply for my PR but I cannot put that my spouse will accompany since he is now living with another woman and they have kids now. Please advise what I can do since my work permit will also expire next year,

You will need to show some kind of official paperwork that shows you and your spouse are no longer together (e.g. official documents showing that you have legally separated, documents showing that you have initiated divorce proceedings).

 

[jealous 15]

thank you for the response. Can I tick now on the form that i am legally separated while I will process my papers for legal separation?

 

[ozmatwork]

I will apply for my PR but I cannot put that my spouse will accompany since he is now living with another woman and they have kids now. Please advise what I can do since my work permit will also expire next year,

Hi,

We're on the same boat but I have a document stating that I am separated, with this kind of marital issues CIC is very particular (as what I heard), I suggest to look for a consultant or a lawyer to help you with your papers. I know it will hurt your pocket but making sure of your application is the best step you need to do. Good luck!

 

[mylady833]

I will apply for my PR but I cannot put that my spouse will accompany since he is now living with another woman and they have kids now. Please advise what I can do since my work permit will also expire next year,

If you entered canada as married then tick as married as marital status, on your PR application spouse info you can declare him as NON ACCOMPANYING reason you are considering divorce ( if you are planning). They will then asked you ( CIC) of statutory declaration of breakdown of marriage Nd proof of divorce proceesing. If you entered Canada as separated then you should have been separated too on your tax declaration as proof of your status. If you have already the legal separation document then you are legally separated. Consult a lawyer because immigration is very anal about marital representation and they wanted documents to prove your status and not just assumption.