In the process of creating an EE profile. I'm legally married with kids but separated for some years now and no legal action has been taken so far and not intending to take any if not necessary. In my appilcation can I select 'legally seprated' as my status and put a letter to explain that spouse and I are seprated, but no legal action involved. Is this acceptable ? Pls note the 3 kids will be included in my application (I intend getting all consent forms for them signed by him).
Separated from spouse with no legal action
- Thread starter funlola
- Start date
There is no such thing as separated but with no legal action taken when it comes to immigration. You will be forced to sponsor you spouse even if he is non-accompanying at the moment and he will need to submit all forms and do medical. You will be applying as as a married couple. To protect yourself I would encourage you to get a divorce.
Incorrect. People who are legally separated apply as such without including their estranged spouse. If OP can provide proof that they have been separated for years, IRCC will likely just exclude the spouse.
Pardon me. what does 'OP' means?, also could a sworn affidavit serve as proof bcos that the only thing I can think of now.
They aren't legally separated. This is some sort of informal separation they have agreed to.
Yes, they are. Canada doesn't have any formal legal separation process. Some people choose to go to a lawyer and draw up an agreement but that is their personal choice, not a requirement. Once a couple decides their marriage is over and they begin to live their lives as separate as they can, they are considered legally separated in Canada.
If you've been separated for years, they you must have proof that you have lived at different addresses all that time. Any official documents like tax returns with your status declared as legally separated, proof that you have separated your finances, money transfers, any agreements made regarding your children etc.
As you guys have been separated for years, you will have to go for a Separation Agreement Documents and Children Custody. These are not necessarily done with a lawyer But must be *Witnessed and Signed* by a Notary Public. In this case, you can choose 'Legally Separated' as an option. A separation agreement isn't a divorce paper, it's only stating that for a reason you guys need to live apart. And that, there's room for *Reconciliation* or *Divorce* afterwards.
You can PM(private message) me for more details.
