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Estranged father and no legal separation/divorce with mother
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Hi @legalfalcon I posted the same on another social media platform and you replied but I couldnt give a lot of details in the public platform . So I am asking again. I also spent the entire day in this forum combing for answers. Yet a definitive answer from you would help .That is why posting detailly. please take time.My wife is very upset because of this situation.
My wife's father was a severe drunkard and lost his job. abusive towards mother in law etc. Her grandfather (my motherin law's father) brought my wife and mother in law home when she was 5 years. They did not have financial privelege or any background to tackle this situation legally. It was 25 years ago and they are from remote areas. They just wanted my wife, who was a child at that time to be safe. They moved to the city and have been living alone ever since. They know his whereabouts vaguely over the years through old neighbours and mutual acquantainces. he has also visited them a few times and harrassed.But Absolute no contact , havent even seen in last 10 years. We decided to give this as an LOE in and attach proof from my wife's documents over the years as only my mother in law has signed them.
1. I spoke to the consultant whom I am planning to apply sowp through, said there are only 3 options in my mother in law's marital status in family information form. since there is no legal separation, it will be a problem in choosing her status. better talk to lawyer and sort it out. We dont even know where he is exactly. Morever my wife or mother in law doesnt want to talk to him or even see him as they struggled entire life alone because of him. Kindly which option to choose here.
2. Will this affect as my wife's PR in future(consultant's word) ? She came up in life through hardwork now she is scared all will be in vain because of this situation.
3. Will my mother-in-law's future application get affected if we decide to sponsor her in future either as visitor/parent visa/PR? As they are not legally divorced. But we have government ration card issued 15 years ago with just my mother in law and wife as family. any number of neighbours can vouch for them.
1. I spoke to the consultant whom I am planning to apply sowp through, said there are only 3 options in my mother in law's marital status in family information form. since there is no legal separation, it will be a problem in choosing her status. better talk to lawyer and sort it out. We dont even know where he is exactly. Morever my wife or mother in law doesnt want to talk to him or even see him as they struggled entire life alone because of him. Kindly which option to choose here.
If you are only sponsoring your wife, no problem. They don't care.
2. Will this affect as my wife's PR in future(consultant's word) ? She came up in life through hardwork now she is scared all will be in vain because of this situation.
Your consultant is winding you up needlessly about nothing. Get rid of your consultant. I don't see how this would affect your wife's PR or application. Unless the father-in-law is Pol Pot or something.
3. Will my mother-in-law's future application get affected if we decide to sponsor her in future either as visitor/parent visa/PR? As they are not legally divorced. But we have government ration card issued 15 years ago with just my mother in law and wife as family. any number of neighbours can vouch for them.
It will be an issue if you wish to sponsor mother-in-law for PR. Don't know about the others but doubt it, visitor visa in particular.
But simple answer is: she should divorce him. Speak to a lawyer. This is no particular rush, as you would likely not be able to sponsor for some time anyway.
Unfortunately in this legal context there is. You can still include the same information that they are factually separated and have been for many years. I believe they may need to get legally separated or divorced should you wish to sponsor under PR in future. But do check the requirements under those programs.
But again, do not understand the concern about this. You are sponsoring your spouse. They do wish to check background and identity for various reasons, but they do not disqualify people for having parents whose marriage did not work out.
Marriage is still there since they are never divorced.
So they are married. As suggested, it's about time for her to get legally divorced or at least separated since she has put that away for 25 years.
BUT again, this will not affect your spouse's PR application (sponsor by OP). Parents are NOT direct family members anyway. Just fill in the additional family form with the known information.
Unfortunately in this legal context there is. You can still include the same information that they are factually separated and have been for many years. I believe they may need to get legally separated or divorced should you wish to sponsor under PR in future. But do check the requirements under those programs.
But again, do not understand the concern about this. You are sponsoring your spouse. They do wish to check background and identity for various reasons, but they do not disqualify people for having parents whose marriage did not work out.
Thankyou .We are both shaken a little bit after talking to the consultant this morning. They are not some unlicensed person. one of the popular ones in India and we had the initial talks with them since two days after reading lots and lots of reviews. That is the reason for anxious posts. Thank you for clearing it up anyway.
Thankyou .We are both shaken a little bit after talking to the consultant this morning. They are not some unlicensed person. one of the popular ones in India and we had the initial talks with them since two days after reading lots and lots of reviews. That is the reason for anxious posts. Thank you for clearing it up anyway.
@YVR123 Also, her mother is a kind of person who fears society for everything. she stills thinks going to courts as taboo. She is irrational. She says she never wants to come to canada if it means going to court, neighbours relatives will ridicule etc. She was heartbroken to hear that our (me and my wife's) PR would also be affected by this. Hence the urgency in these posts. Thankyou for the timely response.
Thankyou .We are both shaken a little bit after talking to the consultant this morning. They are not some unlicensed person. one of the popular ones in India and we had the initial talks with them since two days after reading lots and lots of reviews. That is the reason for anxious posts. Thank you for clearing it up anyway.
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