This is a complex situation, need expert advice

[psc]

Hi,


I am in line to apply for PR under CEC.

My current status is on work permit in Canada & my wife has received work permit outside Canada.

There may be one out of these two situation coming my way:

SITUATION - A:

I will be doing my police certificates from here for respective countries I am obliged too.
Does she also needs to get police certificate, if yes
Can she do it while outside Canada?
Does she need a police certificate from Canada?

SITUATION – B:

If she can’t come to Canada for good, with a separation, how can I then proceed with my PR application?



Regards,
PSC

 

[maniac2403]

Hi,


I am in line to apply for PR under CEC.

My current status is on work permit in Canada & my wife has received work permit outside Canada.

There may be one out of these two situation coming my way:

SITUATION - A:

I will be doing my police certificates from here for respective countries I am obliged too.
Does she also needs to get police certificate, if yes
Yes, she will need certificates for all countries she has stayed in for more than 6 months at a stretch over the last 10 years.
Can she do it while outside Canada?
Yes, she can
Does she need a police certificate from Canada?
No

SITUATION – B:

If she can't come to Canada for good, with a separation, how can I then proceed with my PR application?

You need to fill up the PR application mentioning that you are separated.

Regards,
PSC

See inline in RED.

 

[iam_toby]

Hi,

Hi,


I am in line to apply for PR under CEC.

My current status is on work permit in Canada & my wife has received work permit outside Canada.

There may be one out of these two situation coming my way:

SITUATION - A:

I will be doing my police certificates from here for respective countries I am obliged too.
Does she also needs to get police certificate, if yes
Can she do it while outside Canada?
Does she need a police certificate from Canada?

Yes, she'll also has to provide the PCCs and yes, she can apply for those from outside Canada.
More information here: http://www.cic.gc.ca/english/information/applications/guides/5609ETOC.asp#police_cert
No, a PCC from Canada is not needed.

SITUATION – B:

If she can't come to Canada for good, with a separation, how can I then proceed with my PR application?

If you apply now, while you are married, you have to include her in your application. If you separate during
the process, you can inform CIC later on. That also means you have to be the mail applicant.



Regards,
PSC

Hope this helps,

T.

 

[hondaFan13]

If you are separated - are you expecting her to get PR with you being the main applicant? Does not she need to be your spouse to get the PR as well ?

 

[psc]

Thanks a ton for such a quick help?

But the separation process would be underway it will take time for us be legally separated and I am expected to apply for PR in October this year.

I mean ,my divorce application may start , but it wont be fully legalized when I will be sending my file for PR.

Regards,
PSC

 

[psc]

Honda Fan 13,


I did not get your question, can you please clarify?

If the question is about both getting PR , its yes. regardless of our civil status, I am the main applicant and will be putting her name for PR as we both need it.


Regards,
PSC

 

[jes_ON]

1 - If you want her to get PR - apply with her as spouse. wait until after application is finalized and you have both landed to decide on legal separation or divorce.
2 - If you aren't sure she is coming to Canada, but you want to keep your options open - apply with her as "non-accompanying spouse." She still has to do all the forms, medicals, PCCs, but you don't pay the application fee for her. If you are approved, you can sponsor her later.
3 - If you are 100% sure the marriage is over and you want to apply only for yourself, you can apply as legally separated (with legal documents, or if you have been living separately for 1 year or more). You would need to sign an affidavit that you understand that you will never be able to sponsor her.

If your application is in process and your family status changes (e.g. from married to separated/divorce), you inform CIC, and they will instruct you on any changes you need to make to your application.