Should I include my legally separated wife in imm5406 form?

[Wedding Crasher]

Me and my wife have been separated for more than a year. Should I mention her in imm5406 ?

 

[Wedding Crasher]

@DelPiero07 Please assist

 

[hitesh0414]

Me and my wife have been separated for more than a year. Should I mention her in imm5406 ?

Yes, As you are still legally married, you need to include her. In IMM5406 form just mention your marital status as legally separated.

 

[Wedding Crasher]

Yes, As you are still legally married, you need to include her. In IMM5406 form just mention your marital status as legally separated.

Thanks hitesh, but does that mean that she also has to fill her own IMM5406 and give it to me to add to my folder before submission?

 

[hitesh0414]

Thanks hitesh, but does that mean that she also has to fill her own IMM5406 and give it to me to add to my folder before submission?

I am not sure on this so pls wait for someone else to give their advice on this. I am sorry about that.

 

[canuck78]

No you shouldn’t include her. Do you have any legal documents that formalize your separation? Divorce started?

 

[Wedding Crasher]

No you shouldn’t include her. Do you have any legal documents that formalize your separation? Divorce started?

She sent me divorce papers last year from the US , but I havent signed them because I dont agree on the terms in her divorce papers. I will file for divorce in my own country soon.

 

[Wedding Crasher]

@legalfalcon please assist

 

[legalfalcon]

Me and my wife have been separated for more than a year. Should I mention her in imm5406 ?

If your divorce has not yet been finalised, and if you are from a country where legal separation is not recognised, you will have to mention the details of your spouse, even if separated.

 

[Wedding Crasher]

If your divorce has not yet been finalised, and if you are from a country where legal separation is not recognised, you will have to mention the details of your spouse, even if separated.

Alright, and i should mention mine and her martial status as legally separated? and should she submit her own imm5406 also?

 

[Wedding Crasher]

According to their website:

http://www.cic.gc.ca/english/helpcentre/glossary.asp

"Separated means that two people are married but no longer living together, and they do not wish to live together again. They may be waiting for a divorce or have not yet decided to divorce."

Since she filed for divorce in California, and waiting for it to be finalized, I believe we are considered legally separated as per CIC guidelines?

 

[Wedding Crasher]

here also:
https://www.canada.ca/en/immigratio...lication-forms-guides/complete-0008-5669.html

Legally Separated:

This means that you are married, but no longer living with your spouse.

 

[legalfalcon]

Alright, and i should mention mine and her martial status as legally separated? and should she submit her own imm5406 also?

"legally separated" has different meaning in different jurisdictions. The marriage is based on the law where it was registered, or for the purpose of divorce, where defendant has been living for more than 6 months.

Legal separation is different from divorce. Legal separation allows the spouses to divide their assets, but it does not end the marriage. The marriage ends only when a divorce is granted.

You may list your relationship as legally separated if you have a separation agreement or order. But, you will have to list your spouse's details.

 

[Wedding Crasher]

"legally separated" has different meaning in different jurisdictions. The marriage is based on the law where it was registered, or for the purpose of divorce, where defendant has been living for more than 6 months.

Legal separation is different from divorce. Legal separation allows the spouses to divide their assets, but it does not end the marriage. The marriage ends only when a divorce is granted.

You may list your relationship as legally separated if you have a separation agreement or order. But, you will have to list your spouse's details.

Thank you for your reply. I will list her details such as birthday and such where asked and required. But am I expected to include in the application her own filled forms of imm5406 and imm5669?