Urgent Help Request - Living Separately.

[andykrish1981]

Hello,

I have been married for 5 years now and have 2 kids. Me and my wife are not living together from past 3 months. She along with the kids is staying at my in-laws.We are not legally separated as yet , however will soon take it up legally.


I am applying for PR for My-self. Neither my wife nor my kids would accompany me to Canada.

I have the below queries:

1. What would be my marital status that i need to update in due course of my application.
   
2. Would there be any documents required from my wife or kids for me to proceed. (They will NOT accompany me)
   
3. Is there a way that I can avoid any document requirements from my wife's end (as she might not be OK to cooperate with any kind of help)

Requesting an urgent help and advice on how to go ahead in the above situation without any complications to the process .

I m concerned of any kind of hurdles in the process.


Please help.

 

[DelPiero07]

1 - Legally separated once that is the case.
2 - You would have to get the medicals for both of your kids even if they are not accompanying, you would also have to show funds for a family of 3 (assuming you do get legal separation).
3 - That's a question you should ask to a lawyer.

 

[MZASAM]

Hello,

I have been married for 5 years now and have 2 kids. Me and my wife are not living together from past 3 months. She along with the kids is staying at my in-laws.We are not legally separated as yet , however will soon take it up legally.


I am applying for PR for My-self. Neither my wife nor my kids would accompany me to Canada.

I have the below queries:

1. What would be my marital status that i need to update in due course of my application.
   
2. Would there be any documents required from my wife or kids for me to proceed. (They will NOT accompany me)
   
3. Is there a way that I can avoid any document requirements from my wife's end (as she might not be OK to cooperate with any kind of help)

Requesting an urgent help and advice on how to go ahead in the above situation without any complications to the process .

I m concerned of any kind of hurdles in the process.


Please help.

Friend:

A unsolicited suggestion.
Don't complicate, simplify!!!
Resolve the misunderstandings. Easy to break, difficult to Unite. Think of kids. Instead of going alone, take them with you. Your choice / decision

 

[andykrish1981]

1 - Legally separated once that is the case.
2 - You would have to get the medicals for both of your kids even if they are not accompanying, you would also have to show funds for a family of 3 (assuming you do get legal separation).
3 - That's a question you should ask to a lawyer.

Hi ,
Thanks for response. I'm new here and hence have these queries...just to ensure no hiccups .


1. We are Not yet legally separated . So, do I need to get any documents from my wife , like medical or a marriage certificate or an IELTS for that matter . (As I'm not sure of the time period required for the legal document regards to separation to be obtained)

2. Both Kids are less than 5 years of age and I'm unable to take them along with me.
What would be fine in this scenario.
I mean would the medical for kids still be required ? will it also include their birth certificates any other documents that I would need to submit ? Or Do I have any other options ?

Please advice.

 

[DelPiero07]

1 - If you're married then yes, you would need a medical from your wife and her police certificates.

2 - It doesn't matter, you still need their medicals - even babies have to get medicals.

Like I said, talk to a lawyer.

 

[canuck_in_uk]

1. What would be my marital status that i need to update in due course of my application.
   
2. Would there be any documents required from my wife or kids for me to proceed. (They will NOT accompany me)
   
3. Is there a way that I can avoid any document requirements from my wife's end (as she might not be OK to cooperate with any kind of help)

1. There is no formal legal separation process in Canada. You are living apart, so you are already considered legally separated. You should file for divorce as soon as you can.

2. IRCC may or may not request your wife's documents; if you can show proof that you've applied for divorce, you should be able to exclude her. However, as already stated, you must include your children in the app. You can include them as non-accompanying dependents, which means that they will not be immigrating. They will require medicals and you will need to submit all relevant documents for them.

3. This would require you to exclude your children. Understand that if you do so, you will NEVER be able to sponsor them in future. You would need to prove that the children are in the custody of your wife and that she is refusing to share their documents or allow them to undergo medicals. You will need a notarized statement declaring that you understand your children will be forever excluded. IIRCC doesn't like excluding young children, so you may face delays in processing.

 

[Rety]

Can anyone suggest if we write legally separated in status , then after ITA do the tool requires to submitt spouse passport number and detail like in married cases in post ITA forum