unable to divorce/non-accompanying spouse on application

[Alyssa123]

Greetings,

I am married but no longer live with my spouse, we got married in USA in early 2017 but none of us is there (and we are not US citizens or residents) so it's difficult to get a divorce as at least one of us has to be present to file and appear at court. I am trying to apply for an Express Entry as a Skilled worker, however not sure what I can do so that I do not have to provide my spouse's police records and medical exam as he would not cooperate due to marriage breakdown. I believe it's a year of residence in Canada that's needed to get a divorce here but I have only arrived here a month ago. I was going to apply and list him as non-accompanying spouse. Any advice is appreciated. Thank you.

 

[scylla]

If you list him as your non-accompanying spouse he still has to pass the medical and provide PCCs in order for your application to be approved.

 

[Alyssa123]

If you list him as your non-accompanying spouse he still has to pass the medical and provide PCCs in order for your application to be approved.

Is there a way to list him as any other category so that I do not have to provide that and just provide the required documents for myself? I do not think he will be willing to do those exams and police certificates due to breakdown of relationship, I will not be trying to sponsor him in teh future, I just do not have a way

 

[SMani]

How old are you. your qualifications.. your work experience.. do you have your spouse name in your passport or other records
Do you really need to show that you are married

 

[scylla]

Is there a way to list him as any other category so that I do not have to provide that and just provide the required documents for myself? I do not think he will be willing to do those exams and police certificates due to breakdown of relationship, I will not be trying to sponsor him in teh future, I just do not have a way

If he is not willing to the medical or provide police certificates, then you need to leave him off the application and not include him as a dependent. In order to do that, you need to show that you have legally separated.

 

[scylla]

How old are you. your qualifications.. your work experience.. do you have your spouse name in your passport or other records
Do you really need to show that you are married

This is misrepresentation (lying in an immigration application). It will result in the application being refused and a five year ban from Canada.

 

[Alyssa123]

If he is not willing to the medical or provide police certificates, then you need to leave him off the application and not include him as a dependent. In order to do that, you need to show that you have legally separated.

Thank you for the idea, in case I could obtain a separation agreement - do I need it ready before or after getting into the pool?

 

[cc31]

I do not think there is a way to be able to apply for just yourself without proving legal separation.

 

[Alyssa123]

How old are you. your qualifications.. your work experience.. do you have your spouse name in your passport or other records
Do you really need to show that you are married

Under 35, have 2 undergrad degrees and recent professional work experience from USA of 6.5 years. I did not change my name and husband is only on Marriage Certificate but I would not want to be banned for misrepresentation.

 

[Buletruck]

Keep in mind, your US marriage certificate will be available to IRCC (shared information).

 

[SMani]

Under 35, have 2 undergrad degrees and recent professional work experience from USA of 6.5 years. I did not change my name and husband is only on Marriage Certificate but I would not want to be banned for misrepresentation.

If you can get your marriage annulled easily then do the needful before you start the process.. If your marriage is in a third world country then no one knows or cares

https://www.wikihow.com/Annul-a-Marriage-in-California