Separated from spouse - want to apply for PR

[carsnjets]

My profession / experience very well qualify under 38 fast track categories. I am married and have one 4 year old daughter. However I am separated from my husband for last couple of years but not divorced. Divorce is not even in the process. Is there a way I can apply for PR excluding my husband but not my daughter? What are my options? Do I need any approval from him to do so or it's not possible at all without taking divorce. Someone please help. Thanks!

 

[OrangeC]

My profession / experience very well qualify under 38 fast track categories. I am married and have one 4 year old daughter. However I am separated from my husband for last couple of years but not divorced. Divorce is not even in the process. Is there a way I can apply for PR excluding my husband but not my daughter? What are my options? Do I need any approval from him to do so or it's not possible at all without taking divorce. Someone please help. Thanks!

I am not sure if this will be an issue at the initial stages but when it comes time to request your daughter's passport for stamping of the PR, you will definitely need your paperwork (divorce/written consent from spouse) in order. They will not allow you to bring your daughter into Canada without the consent of both parents.

I know for a fact that the US doesn't stamp a visa for a minor without the written consent of the other parent. I'm pretty sure Canada would impose the same constraints as well. You're obviously better off consulting a lawyer.

 

[bennyameh]

Hi
Since you are married and will like to include your daughter in the application,it is either you submit the marriage certificate or divorce papers when submitting docs to CHC.
Benny

 

[velbypaul]

Am not sure, but during the time of meds, I think you will have to undergo meds for all including your husband. I think i read it somewhere, like you should do meds of husband or wife eventhough not accompanying to Canada. So if this is the rule, you will have to do meds also for him unless you are separated legally.

 

[carsnjets]

What if I get a letter from my husband that he will not accompany me and he has no objection taking my daughter alongwith me. Is there any sepcific format available. Do CIC accept such letters?

Hi
Since you are married and will like to include your daughter in the application,it is either you submit the marriage certificate or divorce papers when submitting docs to CHC.
Benny