I'm applying for my pr card, married but separated for 2o years,husbands whereabouts unknown,no legal separation proof, will it affect my application

Asked over 1 year ago in Surrey b.c v3r 5w9, British Columbia
Categories: Immigration

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Answer by Marina Sedai

British Columbia lawyer

When one applies to renew a permanent resident card, they must show, among other things, that they have physically been in Canada for at least 730 days in the five years preceding the date of application. There are exceptions to this, including the ability to count toward the residency requirements the days spent outside Canada accompanying a Canadian citizen spouse. If one makes no such claim, and can meet the physical presence requirements, then checking off marital status as "separated" is of no particular consequence only by virtue of having that status. If that information conflicts with other information given to Citizenship and Immigration Canada, then you should discuss your case with specific detail with an immigration lawyer.

Posted over 1 year ago

Marina Sedai, Lawyer Chair, Canadian Bar Association (BC Immigration Section) Sedai Law Office Unit 110 10768 Whalley Boulevard (Quattro 1 Bldg) T. 778-395-7810; F. 604.909.4859 msedai@immigrationcitizenshiplaw.com www.immigrationcitizenshiplaw.com

Marina Sedai provides only general legal information on this public site. The information provided should not be taken as advice in your individual case. She only provides legal advice to individuals in the context of a solicitor-client relationship, in which the facts gathered may change the information provided.

Comment from surrey B.C V3R 5W9, British Columbia

will they require my husband to undergo medical exm. even were separated for 20years and we don't know his whereabouts since then, may marital status is still married

Posted over 1 year ago

Answer by Marina Sedai

British Columbia lawyer

There may be some confusion here. One undergoes a medical exam when applying for a permanent residence visa. If one is a permanent resident already, but is apply for a card that proves that status, then there is no medical exam.
Are you asking about an immigration medical examination ("IME") for your application to become a permanent resident, or are you currently a permanent resident and seeking to get your permanent resident card renewed?

Posted over 1 year ago

Comment from Ontario

Dear Sir/Madam,
I have been a resident of United States (non-immigrant visa still valid) since 2000. I got married in Feb 2009 and got my Canada PR card in JUn 2010. I never upate or inform about change in my marital status to the authorities. Hence, I landed as Single (whereas I was married) in their records. Now, we are planning to move to Canada shortly and intend to add sponsor my legally wed spouse to Canada PR application. I have following question:
1. Will there be any issue/questions raised why I did not inform authorities about change in my marital status at the time of landing or during the process?
2. Will it impact my Canada PR status if later authorities get to know that I didn't inform about my marital status?
Thank you in advance to answer my queries and clarifying my doubts.

Best regards

Posted 12 months ago

Answer by Marina Sedai

British Columbia lawyer

You have two problems: 1) the marital status misrepresentation on your permanent residence application; and, 2) the law that an unexamined family member can never again be a family member. Cititizenship and Immigration Canada was denied the opportunity to examine your spouse to determine whether he or she was inadmissible (medical, criminal, security, etc.). One family member's inadmissibility applies to the entire family; therefore, the CIC was denied the opportunity to be sure you were not inadmissible.
This is a serious matter and you should get legal advice from a lawyer immediately.

Posted 11 months ago

Comment from canada, Alberta

i'm a live in caregiver,want to apply my permanent residence here in canada this coming september,im married but separated for 15 years but not legally separated,i dont know where abouts my husband, we have 1 child under the care of my parents and sister and brother,im the one who give full financial support to our son,my question is it acceptable if i write in my status separated but no legal separation certificate,or i can still put maried in my status in my papers but i will not write the name of my husband as spouse, or i will still write his name but i will not sponsor him just my son i want to come here, hope you can advice me what i gonna do that will not affect the processing of my papers to apply as a permanent residence thank you so much for hearing a reply from you.

Posted 10 months ago

Comment from Ontario

I applied here Canada single but actually married under the live in caregiver program. Now I'm going to apply for a permament resident and decalare that I'm married. Will this change of status or misrepresentation of my civil status when I first entered in this program affect my application for permament resident?

Posted 8 months ago

Comment from CANADA, Alberta

Hi
I applied for federal skilled worker. during my process I got married to a Canadian Citizen, I have now received my visa but have not landed yet. My wife and I have recently seperated (a couple of weeks)
How will this affect my landing? Do I need to report this to the visa office? She does not need sponsorship or anything because she was born in Canada. What do I need to do? I want to go do my landing ASAP.

Posted 8 months ago

Answer by Marina Sedai

British Columbia lawyer

As general legal information, consider the following:
- Citizenship and Immigration Canada has a broad definition of misrepresentation (lying) on an application. An inadvertent/unintended error in presenting the facts can be assessed as a misrepresentation. Misrepresentation can result in serious and undesirable consequences.
- Is "separated" the actual fact (the phrase "legally separated" is less important here)? Is the marriage over? Do you live separate and apart and no longer present yourselves as a couple? Why do you think reconciliation is impossible? Do you have no intention of ever sponsoring the separated spouse? Have you severed social, financial, and physical integration? It can be sometimes helpful to swear an affidavit describing this. Having a legal document (e.g., court decision or agreement on property or child custody) is an indicator of separation only.
- one is under an obligation to advise the CIC of changes to marital status from the moment of application to the moment of becoming a permanent resident.
- if one claims "single" when actually married before landing, then there are the problems of 1) misrepresentation, and 2) the new spouse will not be considered a member of the family class and cannot be sponsored later.
These instances of misrepresentation or how to include or not include a family member on an application present a need to seek legal advice from a lawyer so you will know how to approach your situation. It is not something to guess at based on general legal information.

Posted 8 months ago

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