Marital Status

[alinawazahmed]

Hi, I got married in November 2018 but my wife and I got separated recently and have no intention of getting back together but the divorce is not yet done. I selected my status as "Legally separated" but I am confused about the next selection. It asks,"Have I been married previously or had a common law partner?" I am confused on whether to select yes or no. If I select yes, it then asks for date when the divorce was done. Please advise?

 

[canuck_in_uk]

In Canada you have to live separately for one year before you can be considered legally separated, you have not met that standard yet. If you are not legally separated (and have a court document to prove it), you are still married until your divorce is finalized.

You don´t indicate what stage you are at - are you completing the profile? Or have you already received the ITA and are completing the eAPR?

You may have to initially indicate you are married with your spouse non-accompanying and change it later.

BTW, the question that is throwing you - may refer to a previous marriage (before your current marriage). I can´t see the documents, so am not 100% sure.

You have to be separated for one year to be able to be divorced.

Canada has no formal legal separation process and there is no minimum time that a couple must be apart to be considered legally separated. The legal separation begins when they show that they have separated their lives. A couple can actually continue to live together and still be considered legally separated, as long as they show that they are no longer together.

 

[canuck_in_uk]

Hi, I got married in November 2018 but my wife and I got separated recently and have no intention of getting back together but the divorce is not yet done. I selected my status as "Legally separated" but I am confused about the next selection. It asks,"Have I been married previously or had a common law partner?" I am confused on whether to select yes or no. If I select yes, it then asks for date when the divorce was done. Please advise?

That is referring to a previous marriage before this one. You will need to explain this situation on a separate sheet.

 

[alinawazahmed]

Thanks for all your replies. My profile is in express entry pool. I have a legal document which states that we have separated and have no intention of getting back but the divorce process will take another 6 months. I did not select married coz if they ask any proof doc for my wife, I wont be able to get it. Based on the earlier I think it is okay to select "Legally separated". Please advise

 

[canuck_in_uk]

Thanks for all your replies. My profile is in express entry pool. I have a legal document which states that we have separated and have no intention of getting back but the divorce process will take another 6 months. I did not select married coz if they ask any proof doc for my wife, I wont be able to get it. Based on the earlier I think it is okay to select "Legally separated". Please advise

Legally separated is the correct option. If you have applied for divorce already, include proof of that in the app.

 

[jes_ON]

You have to be separated for one year to be able to be divorced.

Canada has no formal legal separation process and there is no minimum time that a couple must be apart to be considered legally separated. The legal separation begins when they show that they have separated their lives. A couple can actually continue to live together and still be considered legally separated, as long as they show that they are no longer together.

off day for me ...
Fair enough, "legal separation" may be a misnomer for "legal agreement of separation" which certainly do exist, but not the same thing as a marital status. BTW I assumed the OP was NOT in Canada, for better or worse. The fact that "legal separation" is a question on the form suggests a status that is recognized from other jurisdictions... ?

 

[canuck_in_uk]

off day for me ...
Fair enough, "legal separation" may be a misnomer for "legal agreement of separation" which certainly do exist, but not the same thing as a marital status. BTW I assumed the OP was NOT in Canada, for better or worse. The fact that "legal separation" is a question on the form suggests a status that is recognized from other jurisdictions... ?

Legal separation is a status in Canada as well. It's just that there is no formal process like some other countries require, like going to court. Some people in Canada do choose to get a legal document drawn up but they don't need it to be considered legally separated.

 

[Shrina04]

Hi, I got married in November 2018 but my wife and I got separated recently and have no intention of getting back together but the divorce is not yet done. I selected my status as "Legally separated" but I am confused about the next selection. It asks,"Have I been married previously or had a common law partner?" I am confused on whether to select yes or no. If I select yes, it then asks for date when the divorce was done. Please advise?

Hey hi, I'm in the same situation as yours.
Please guide what did you put in for the follow up question after marital status as legally separated. Did you put yes or no?

Thanks,
Shrina