we just got separated so Am I allowed to land without my wife

[Ady]

Hi all,

I have applied for the immigration and I just a got a notification from the canadian visa offic asking me tp submit my passport to stamp the visa as I have to land before December 3d 2010 (end of my medical test). my application also includes my wife and my 3 years old son. Currently me and my wife are separated (not legaly just living separated and she has the kid).

so what should I do in this case?... time is passing .... since the three of us were on the application, is a must to submit the three passport or I can submit my passport only then f things get better on the future I can apply for her and the kid again and if its getting worst then it would be a wise movment not to transfer my marriage problems to Canada .

taking in mind that the marriage gave me a "5 points" which I think helped to get my immigration application accepted.

thanks alot,
Ady

 

[chelley]

I believe it says that you should notify them if there are any changes in your situation... Separation, legal or not, is a change (there may be a number of months that make it stick ie 6? Dunno)...

If it was just landing without them I think it might not be suspicious, but submitting ppt without theirs will likely raise a red flag... I'd be honest with them about the separation and face whatever consequences arise... Not doing so may be looked at as misrepresentation and see your application withdrawled and a 2 year ban

Or re-evaluate the relationship... Maybe this changen in circumstances can help turn things around?

 

[Yaya Marei]

I ll tell you what you have do

go fix your relationship, your family more important with you go or not. it is your wife and your kid

contact your wife set with her, try to find the reasons for separtated and work in them, Canada is there will not disappered but your wife and kid does

 

[AllisonVSC]

I think you should also consider reconciliation with your wife. At minimum, let her know the PPR has been received and decide together what is the best course of action. If you all land together and you can't work things out she can still return to her home country. If you land without her and then decide to reconcile it could be years before you get the immigration stuff worked out again.

 

[rubyalabar]

In my opinion you should inform your wife that your passports are being requested. She has the right to know what is going on with your application for PR, I would like to believe that the two of you made the decision together to apply for PR so she has a "say" in anything that has to do with it.

Also, please don't deny them a chance to live in Canada if they want to. If you can live separately in your home country, I think you can also live seaparately in Canada. At least if that's what the two of you want after trying to work things out.

 

[matthewc]

Also, please don't deny them a chance to live in Canada if they want to. If you can live separately in your home country, I think you can also live seaparately in Canada. At least if that's what the two of you want after trying to work things out.

Landing when they're not in a genuine, continuing marriage and have no intention of remaining together would be misrepresentation, for which all of their PR status could be removed. Bad idea.

Like others have said, you're obligated to inform CIC of any change in family situation.

 

[canadianwoman]

Talk to your wife and see what she wants. It could be she does not want to live in Canada anymore, or she may still want to go. Also discuss your child's future. It may be better for him or her to land, and then go back, so at least visits will be possible in the future. You can land, and then go back to live in your home country for a while to try to work things out.

 

[RobsLuv]

I wouldn't normally disagree with matthewc because he is very well informed about immigration matters - but in this case, when this is not a sponsorship application and both of you were assessed (as a couple) for immigration to Canada, I think I agree more with the others that you should contact your wife and let her know that passports have been requested, so she can make a decision as to whether or not she and the child want to go ahead and immigrate to Canada in the interest of working on the relationship and reconciling your family. Things happen and couples sometimes split and then find they want to reconcile after all. I was told by my counselor when I split with my first husband to wait at least six months before I made any permanent decisions as far as ending the marriage. You say you've just separated - and there is a child involved. I think it would be a huge mistake at this juncture for you to leave for Canada and her and your child to stay in your homeland with you maybe applying later to sponsor them to Canada if you reconcile. I say, if she's willing, go ahead and make the move so you, at the very least, still have access to your child and then see what happens with the marriage. I don't agree that it's a matter of misrepresentation if you both "land" when your marriage is in trouble when your permanent resident status was not granted as a result of your marriage. At least from what I understand here, you are both foreign nationals and you were approved for PR based on merit - not relationship. It's just a bit confusing because you posted your inquiry in the Family Class forums, rather than asking in one of the forums for independent immigration.

 

[Ady]

Thanks for everybody's input... I think notifiying CIC about the separation would be the wise idea and face whatever consequences come up.

 

[annabruce]

Think carefully about this. Correct me if I am wrong, experts, but if as a consquence of seperation, she is removed from your application, you can never sponsor her in the the future. Therefore, you would entirely deny yourself the ability to reconcile you relationship without leaving Canada or without your spouse entering on a different class.

The fact is that until you are legally divorced, your family makeup hasn't changed. Do not say anything to immigration unless you have legally divorced.

 

[rubyalabar]

Think carefully about this. Correct me if I am wrong, experts, but if as a consquence of seperation, she is removed from your application, you can never sponsor her in the the future. Therefore, you would entirely deny yourself the ability to reconcile you relationship without leaving Canada or without your spouse entering on a different class.

The fact is that until you are legally divorced, your family makeup hasn't changed. Do not say anything to immigration unless you have legally divorced.

i'm no expert but in my humble opinion, you are right annabruce. like i said in my previous post Ady, please inform your wife about the update on your application as you said she contributed somehow to your application being approved. Let her know first before CIC at least... just a suggestion. good luck to you, i hope you can figure out what is the best thing to do in your situation. i think you are the one who can answer it best, we are just here to give our opinion.

 

[rjessome]

Think carefully about this. Correct me if I am wrong, experts, but if as a consquence of seperation, she is removed from your application, you can never sponsor her in the the future. Therefore, you would entirely deny yourself the ability to reconcile you relationship without leaving Canada or without your spouse entering on a different class.

The fact is that until you are legally divorced, your family makeup hasn't changed. Do not say anything to immigration unless you have legally divorced.

No, this is not true. As this is a Federal Skilled Worker (FSW) application and the visa post is ready to issue the visas, that means that the wife and child have been medically examined. If they are removed now, the principal applicant lands in Canada and the couple reconcile at a later date, the principal applicant (now a PR) could still sponsor them later.

FSW is a points based system. The Principal Applicant needs to be concerned about his points assessment if he withdraws his wife from the application prior to the visa being issued and landing. If her education, previous work in Canada, and/or family relationships in Canada added to his points total he needs to calculate what his points would be without her in the application. If it's less than 67, he no longer qualifies under the FSW program and his visa will be revoked. However, if he would still meet the points requirements without the wife, the visa would still be issued. In this type of application, the principal applicant and spouse (and dependent children if applicable) are not really assessed together except for admissibility and to see if the spouse adds points to the total. All of the other merits of the application fall on the principal applicant to achieve CIC's requirements.

We don't know the details of the separation or whether or not there is the possibility of reconcilliation. These are family issues that the applicant needs to discuss with his wife. If there is absolutely no chance of reconcilliation, then matthewc makes a valid point. But robsluv makes an excellent argument as well. This is a grey area in a real relationship. CIC does recognize the fact that separated couples can reconcile. At this point, I'm less inclined to say if he landed in his current situation that it is misrepresentation if there is the chance they could get back together. If they don't reconcile, the wife and child may choose to NOT even use the visa as they could decide to remain in their home country with family and friends. The visa will expire but the principal applicant could still sponsor his child later. Who knows? He could tell his wife about the PPR and she could tell him that Canada is no longer in her future and refuse to submit her passport. He will HAVE to tell CIC about the change in his family circumstances if he still wants to immigrate to Canada and the scenario described above would be his concern.

 

[ariell]

Excellent advice rjessome!

 

[matthewc]

I'm not saying they shouldn't try to reconcile - far from it - if they can save their marriage, great. The last thing we need is more kids growing up without both parents around. All I was saying is that if they pretend to still be together just for the purposes of everyone moving to Canada, that could be considered misrepresentation.

If they get divorced before landing, it's clear there would be an obligation to inform CIC. If they've definitely decided to separate, I would say the same obligation exists.

My point is they should really try to decide what the future of their relationship is before landing, and base the decision as to whether to inform CIC off that - rather than the other way around.

Also, if they genuinely separate before landing, that wouldn't preclude reconciliation and sponsorship later. It's only where a spouse is not declared or not assessed that they can't ever be sponsored. (Not that this is a good idea - if they're going to remain together, it makes much more sense for them to all land at the same time.)

 

[Ady]

Hi All,
and especially who showed some concern , the happy news that my wife is back today . and she is making a cup of coffee for us while am updating this post ;D . we are back as happy small family . hope it lasts ....

Thank you everyone for your advices,
Ady