roflwell

It seems at the moment like there's a new complication every day...

I'm almost there with what I need to send off now I have my PNP acceptance, but I'm now wondering what else (if anything) I need to provide for my ex. We're what I would guess is classed as 'legally separated' - we're still married, mainly because neither of us has had any reason to get a divorce yet. She lives in the UK still, with someone else, and I live here in BC.

Is there anything I will need to provide as part of my application? I have a horrible feeling they'll ask for her details as well (i.e. passport details, photos, medical, etc.) even though we're as good as divorced.

Any help or pointers would be appreciated!

Aviator

No such thing as 'good as divorced' or legal separation in BC. You are divorced or not, no in between. Separated, not living as husband and wife, you are still married.

http://www.cba.org/bc/public_media/family/115.aspx

roflwell

Okay, that I understand. My reference to being 'as good as divorced' wasn't in a legal sense - I mean in real terms.

So am I basically stuck with either getting a divorce now (which will mean my PNP nomination will likely expire in the meantime) or convincing my ex to go through the process for something she has no interest in and will never take up?

roflwell

Also, if this is the case, why does CIC define 'Legally separated' as a category at all, if it doesn't matter?

Aviator

Guess you would need to ask them that. Maybe as CIC is federal and family is provincial and each province is different.

Siouxie

http://www.cic.gc.ca/english/resourc...p/op02-eng.pdf 5:11

Satisfactory documentary proof of a separation and of custody being with someone other than the applicant is required. A separation agreement or custody papers are examples of acceptable proof.

Officers will not issue a permanent resident visa to separated spouses, common-law partners or children in the custody of someone else, even if they are examined. This is because separated spouses and partners are not members of the family class as per R117(9)(c) and because children in the custody of someone else are non-accompanying family members.

http://laws-lois.justice.gc.ca/eng/r...e-52.html#h-73

(9) A foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if

(c) the foreign national is the sponsor's spouse and
(i) the sponsor or the foreign national was, at the time of their marriage, the spouse of another person, or
(ii) the sponsor has lived separate and apart from the foreign national for at least one year and
(A) the sponsor is the common-law partner of another person or the sponsor has a conjugal partner, or
(B) the foreign national is the common-law partner of another person or the conjugal partner of another sponsor;

So, it looks like you will need to show proof that you have lived separate and apart for a minimum of 1 year and also possibly that your (ex) wife is the common law partner of another person.

roflwell

But this is for PR... which is CIC and therefore federal. So what does BC have to do with this, unless I'm getting confused (more than likely...)?

roflwell

Ignore my last post... it was in reference to Aviator's last post!

Cheers for the info siouxie!

Almost Canadian

Divorce is federal. "Family" is for non divorce issues. Division of matrimonial property is governed by provincial legislation but that has nothing to do with divorce - the parties can divide matrimonial property without getting divorced and/or can divorce without dividing matrimonial property.

roflwell

Thanks for all the responses, and apologies to everyone - my responses sounded a bit short. I'm finding it stressful sorting out all the paperwork, on my own, on the other side of the world, but I'll get there eventually!

The information siouxie gave above will come in useful - thanks siouxie! - I'm planning on writing a note to go along with my application detailing why my ex partner cannot be examined, and offering proof that we have been separated for nearly 2 years. The guidelines suggest that if she cannot be examined (and is therefore inadmissible) that it shouldn't necessarily make me inadmissible. If that fails, then I guess I'll just have to wait until I'm actually divorced (which I can start the process for in September).

Cheers!

Siouxie

You are most welcome.

Your ex wife would not be 'family class' if you have been living separately for more than 12 months, as detailed - "separated spouses and partners are not members of the family class as per R117(9)(c)" so you might want to push that point.