Relationship status clarification

[Sakshi209]

Hey Guys,

I would be really grateful in anybody could help me in this. I got married to a Permanent Resident of Canada in India as per Hindu marriage act in 2019. The husband never got marriage registered moreover left the country in 2020. I filed complaint in India, however he refused to come back. How can I apply for PR under express entry.

I am an working individual with valid IELTS score, however i have no paper work to support my marriage nor my husband is in india

 

[Naturgrl]

Did he ever changed his status to marred and begin the spousal sponsorship process. If not, then you need to immigrate to Canada on your own merit. You don’t have PR through him as he needs to submit the application and you would have done medical, police checks etc. You need to immigrate on your own through Express Entry.

 

[Sakshi209]

No, he has not changed to married in his application. What status shall i write?

 

[Naturgrl]

So you are applying for Express Entry on your own... have you completed ECAs (education assessments) along with your IELTs scores? Are you eligible?

Not sure what you mean is “he has not changed his status in his application.” He is a PR already so he has not application. He needed to start your spousal sponsorship which he didn’t do. If your marriage isn’t registered then are you even legally married?

 

[Sakshi209]

Yes I have ECA, IELTS, and 3 year job experience. He got PR in 2018 while we got married in 2019 as per Hindu Customs but legally we did not get marriage registered. Now he is in Canada and I am in India

 

[Sakshi209]

So you are applying for Express Entry on your own... have you completed ECAs (education assessments) along with your IELTs scores? Are you eligible?

Not sure what you mean is “he has not changed his status in his application.” He is a PR already so he has not application. He needed to start your spousal sponsorship which he didn’t do. If your marriage isn’t registered then are you even legally married?

Yes I have ECA, IELTS, and 3 year job experience. He got PR in 2018 while we got married in 2019 as per Hindu Customs but legally we did not get marriage registered. Now he is in Canada and I am in India and he refused to come back to india

 

[Islander216]

Your marriage would not meet the legal definition of marriage as it hasn't been registered nor does it qualify as a common law relationship.

So yes, as mentioned you would have to immigrate on your own merits, and your profile looks good from what you've said.

The question is how you should disclose your religious marriage to him in your application.

That i will leave to someone more knowledgeable on the subject.

I'm assuming you've not divorced him? What is your relationship status exactly? You've only said he refuses to return to India, are you estranged? Is he not prepared to sponsor you for PR?