Urgent Need Advise - Complex Situation SENIORS PLEASE HELP

[Batman_is_Real]

posting for a close friend, She has active EE profile with 458 CRS as married with husband accompanying. Recently both had issue and wants to get divorce.

Does she still have to keep her profile as Married and accompanying or she can change to non-accompanying spouse and letter when she get ITA she can specify that she is getting divorced in future and for that reason she applied for herself only.

If assuming above mention is allowed and she does the same, is it going to complicate situation if her husband creates his EE profile again as Married and non-accompanying spouse?? He is likely to get LMIA and already has 1 year Canadian experience so he is qualified under EE.

If Both gets ITA and submits applications as Married but non-accompanying spouse, and stat the reason saying both are getting divorced with some sort of Notarized proof of separation or sworn affidavit of both applying for Divorce, will it work ?? Or it will be considered as misrepresentation ??

I would really appreciate any advise or suggestion guy.

 

[Batman_is_Real]

Bump

 

[vensak]

posting for a close friend, She has active EE profile with 458 CRS as married with husband accompanying. Recently both had issue and wants to get divorce.

Does she still have to keep her profile as Married and accompanying or she can change to non-accompanying spouse and letter when she get ITA she can specify that she is getting divorced in future and for that reason she applied for herself only.

If assuming above mention is allowed and she does the same, is it going to complicate situation if her husband creates his EE profile again as Married and non-accompanying spouse?? He is likely to get LMIA and already has 1 year Canadian experience so he is qualified under EE.

If Both gets ITA and submits applications as Married but non-accompanying spouse, and stat the reason saying both are getting divorced with some sort of Notarized proof of separation or sworn affidavit of both applying for Divorce, will it work ?? Or it will be considered as misrepresentation ??

I would really appreciate any advise or suggestion guy.

She cannot state divorced as she is not divorced yet. If the trouble in the marriage is too deep and it not possible to save, than she shall go ahead for married but non accompanying.
She will need to explain the situation in detail in her LOE (ideally to have proof that she has filed for the divorce procedure).
Later on, as her divorce will be finished she will inform the office about change of her personal status.
But she shall be prepared, that medicals are still requested from her husband even if her husband will not accompany her.

 

[Batman_is_Real]

She cannot state divorced as she is not divorced yet. If the trouble in the marriage is too deep and it not possible to save, than she shall go ahead for married but non accompanying.
She will need to explain the situation in detail in her LOE (ideally to have proof that she has filed for the divorce procedure).
Later on, as her divorce will be finished she will inform the office about change of her personal status.
But she shall be prepared, that medicals are still requested from her husband even if her husband will not accompany her.

Medical and pcc she will get it without any issue.

What's your suggestion on him creating EE profile and submitting e-APR while my friends application is in progress. Would it create any conflicts ??

 

[jes_ON]

Medical and pcc she will get it without any issue.

What's your suggestion on him creating EE profile and submitting e-APR while my friends application is in progress. Would it create any conflicts ??

While it's OK that each applies as the principal applicant, IRCC will ask why they have indicated each other as "non-accompanying" when they have both applied and are both in Canada (apparently). They can explain, but no guarantee that IRCC will accept it.

There are two other options -
1) apply for the divorce ASAP
2) They are still legally married. Wait on the divorce until after getting PR status. If she can get his medical and PCCs without any problem, perhaps they are still sufficiently friendly to cooperate on the entire application.