Linsey8287

Good evening everyone!

So my EE application is currently being processed. Today I received an email for proof that my husband and I are legally separated, which I don’t have.
I contacted IRCC this afternoon and they said I can provide an explanation letter. But then it would be left to the processing officers discretion as to whether that’s enough proof or not.

My application is for myself and our 3 children. My husband (no divorce proceedings have been started) and I have been separated for 2 and a half years. He has lived back in the Uk since March 2019. We haven’t seen him since then.

So my question is what can I provide? Anybody been in a similar situation?

Thanks in advance

SanDiegogirl

If you do not have any legal papers detailing your separation then you are not legally separated - just separated.

Linsey8287

Which is true but there wasn’t an option to select that when I was submitting my information.

SanDiegogirl

So you input legally separated? Think you should have input married......

If the IRCC have recommended an explanatory letter then that is what you should do...

Siouxie

A legal separation agreement will detail things like division of assets, child support, pension division etc.. and will be used by the court when you divorce. Some jurisdictions require that the document is stamped / registered at court before it's considered a 'legal' separation.. but you could draw it up yourselves.. https://www.canada.ca/en/financial-c...l-matters.html

If you can demonstrate that you have not lived together and no longer consider yourselves 'as if married' - for example by both signing afadavits or a separation agreement, together with a letter of explanation - perhaps one from each of you stating that you consider the marriage is over, that may be sufficient.. it's a requirement as part of the 'completeness check'.. get something drawn up or a letter confirming it from your ex..

Worse case scenario IRCC could insist that your legal spouse is examined.. i.e. background checks / medical / police check etc., to ensure that they aren't inadmissible... see: https://www.canada.ca/en/immigration...ssibility.html

Do check on the divorce regulations / division of property / assets / child support / spousal support / visitation rights etc., if you decide to draw up a separation agreement yourself.. https://www.alberta.ca/divorce-separation.aspx

Linsey8287

Thank you. That’s extremely helpful.

I also spoke with a lawyer this afternoon who told me it would be almost impossible to get a UK lawyer to organize and be prepared to sign something relating to Canadian law.

I have written an explanation letter as to why we don’t have a legal separation agreement.

He is prepared to write a letter stating the separation including dates we separated and where he currently resides. Including the agreements we made between ourselves and that I have full custody of the children.
He is also going to send a picture of his passport to verify his identity.

As suggested by IRCC I will also include copies of household bills in just my name.

I am hoping that will be sufficient.

Former Lancastrian

Bear in mind that any letter written by him in regards to the children and custody will need to be legally solid and that he agrees children can leave the UK. Any reasons why no legal divorce proceedings initiated?

Linsey8287

So should he leave out any details of custody of the children? He wants no part in their lives.

Quite simply I haven’t started the divorce because of the costs involved.

Former Lancastrian

Being brutally honest if no legal separation and custody order and permission to remove the children from the UK then the chances of you getting PR status in Canada are pretty remote. You are dealing with IRCC and they will not issue any documents until you can prove legally separated and allowed to remove the children from the UK. Costs of a divorce are not grounds to not supply official documentation required if wanting to move to Canada.

Linsey8287

Oh ok.
I haven’t removed them from the Uk. We are in Canada. We came as a family but then he left to move back to the Uk.

Former Lancastrian

Well that is different. What is your current status in Canada?

Linsey8287

Sorry I obviously didn’t explain myself very well in the original question.

I am on a work permit and 2 of my kids have study permits and the youngest has a visitor record

Former Lancastrian

Were you the principal applicant for the work permit or was it your husband? As long as valid you are OK but the potential problems will arise with your EE application.

Linsey8287

I am the principal applicant on my permit.

Like i say hes not even in the country, hasn’t been for years.
I have spoken to consultants and immigration lawyers with regards to my application and nobody has said there is a chance of it getting refused.
I guess I will just cross each bridge as I come to them.
Thank you for your help

SanDiegogirl

deleted.... earlier posts have explained the situation......complicated immigration history....