Legal separation

[Kiran dhindsa]

hello everyone I am going to apply for EE but I am on a process of legal separation with my husband do I still need to provide his passport, medical and pcc for applying my PR Alone with my 2 years old daughter. It’s legal separation not divorced yet.

 

[21Goose]

You don't need to submit his documents if you state that you are separated, but you cannot add your daughter to the application without his permission. If he doesn't give permission, you will need a declaration of sole custody from a court of law.

 

[canuck_in_uk]

hello everyone I am going to apply for EE but I am on a process of legal separation with my husband do I still need to provide his passport, medical and pcc for applying my PR Alone with my 2 years old daughter. It’s legal separation not divorced yet.

IRCC may request his documents or proof of the separation. The best thing to do is apply for divorce and show that to IRCC.

 

[canuck_in_uk]

You don't need to submit his documents if you state that you are separated, but you cannot add your daughter to the application without his permission. If he doesn't give permission, you will need a declaration of sole custody from a court of law.

Even without permission or custody from the courts, the child would be included. It would just have to be as non-accompanying.

 

[21Goose]

Even without permission or custody from the courts, the child would be included. It would just have to be as non-accompanying.

Yes, this is correct. I wasn't sufficiently clear.

 

[Kiran dhindsa]

Thank you so much for your valuable comments everyone

 

[Kiran dhindsa]

The thing is that I am going to be legally separated is because of a legal case against him in the court. I thought that this way I won’t have to get his pcc done . But can I add him as dependent once I got my PR?

 

[21Goose]

The thing is that I am going to be legally separated is because of a legal case against him in the court. I thought that this way I won’t have to get his pcc done . But can I add him as dependent once I got my PR?

No, you cannot simply separate (or divorce) and then get back together and expect to avoid the rules.

That's called misrepresentation and you will be banned for five years.

Even if you genuinely got divorced and then some years later got back together - he will still need a PCC. You cannot avoid the PCC requirement.

 

[canuck_in_uk]

The thing is that I am going to be legally separated is because of a legal case against him in the court. I thought that this way I won’t have to get his pcc done . But can I add him as dependent once I got my PR?

Sure, if you want to commit immigration fraud and be banned from Canada.

 

[WarHammer]

The thing is that I am going to be legally separated is because of a legal case against him in the court. I thought that this way I won’t have to get his pcc done . But can I add him as dependent once I got my PR?

Oh wow you started off as so genuine and then bam .. immigration fraud.. lol

 

[Kiran dhindsa]

I don’t want to do any fraud and that is why asking for your suggestions guys I have all the requirements fulfilled.., have a good score of 468 but I was not aware that my husband have to clear pcc so you can better understand my situation how frustrated it is. At first my husband is facing false case harassment and Now I have to face it too

 

[canuck_in_uk]

I don’t want to do any fraud and that is why asking for your suggestions guys I have all the requirements fulfilled.., have a good score of 468 but I was not aware that my husband have to clear pcc so you can better understand my situation how frustrated it is. At first my husband is facing false case harassment and Now I have to face it too

The only option is to wait until your husband's legal issues are done and hope he is not convicted. If he is convicted, he will be criminally inadmissible to Canada for at least 5 years, which also makes you inadmissible.

 

[WarHammer]

Oh wow you started off as so genuine and then bam .. immigration fraud.. lol

But on a serious note, what you are proposing is the most blatant and naive form of immigration fraud.

If you want to commit a crime, at least try to be half decent at it.

I don’t want to do any fraud and that is why asking for your suggestions guys I have all the requirements fulfilled.., have a good score of 468 but I was not aware that my husband have to clear pcc so you can better understand my situation how frustrated it is. At first my husband is facing false case harassment and Now I have to face it too

Your initial message and follow up questions were v misleading. Hence the outcry of fraud by everyone. You should frame your question better.

That being said, you should wait until either of below 2 options happen:

1. Get officially divorced and have the papers to prove it.

2. Wait and hope your husband is acquitted.

If you go with option 1, you will not be able to add him as a dependent afterwards

The only option is to wait until your husband's legal issues are done and hope he is not convicted. If he is convicted, he will be criminally inadmissible to Canada for at least 5 years, which also makes you inadmissible.

Also what kind of a case is he being accused of ? For example a civil case can be circumvented with the help of a good lawyer even if he is convicted.