Thank you so much for this!!! Really helpful. Can i ask what the content of the separation agreement should be? I would have assumed that an affidavit of separation will cover everything.

sophieora:
I applied as legally Seperated and got ITA, in the document check list they didn't ask for ex spouse PCC or medicals neither did they ask for any documents to prove legal separation. However, from other forums I gathered I one has to have the following documents ready else they will still get ADR asking for it. (Affidavit of seperation, the pending divorce petition bid you have filed in court, seperation agreement signed by your spouse if you can get him to do that, ) In your case you need a document to prove you have sole custody of the child and that you can travel with him/her.

Thank you so much! Checking the resources linked here. I will share my findings and definitely keep the house posted so as to help anyone in my situation going forward.

Mamaroon:


I suspect whether you are married or separated he will still need to do PCC & medicals, provided you are not divorced yet.

This application checklist may help, it has the doc you need to provide to prove your separated status - https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/express-entry/applications-received-on-after-january-1-2016-completeness-check.html

Please see below for an applicant that was separated, you may want to reach out to her - https://www.nairaland.com/5031893/canadian-express-entry-federal-skilled/35#76008552

I don't know if a spouse one is separated from (but not divorced from) still counts as one's spouse, if so then he is a dependent and needs to do PCC, Medicals and your POF needs to cover him. I am NOT 100% sure though, so please check, check and check again.

According to IRCC- Separated: means that two people are married but no longer living together, and they do not wish to live together again. They may be waiting for a divorce or have not yet decided to divorce. Dependant: a spouse, common-law partner or dependent child of a permanent resident or principal applicant.

You could also wait till ITA to see what your placeholder checklist will look like to see what you need to provide, based on your selecting "separated".

You will need to update all your child's nationalities and passport details post ITA, in our application. Good luck!

[quote author=BlestHanneSSG post=93248134][/quote]

Thanks a lot for your response. To clarify, we are not yet divorced, just separated. And there are options for Legally Separated and Divorced when filling in the forms, so I guess provision has been made for those who have not concluded their divorce process.

[quote author=BlestHanneSSG post=93248134][/quote]

Hello House,

I need some advise re my EE profile. I got into the pool in May with a score of 470. For my marital status, i chose "Married", but indicated that my husband will not be accompanying me as we were already having issues. We have now separated and are moving forward with a divorce. Thankfully, we have both decided to be very civil with one another especially as we have a child together.

As I earlier mentioned, I submitted my EE application with my marital status as “Married with non accompanying spouse”. From my understanding, this means that my husband will have to do his PCC, medicals and be counted as a member of the family re POF.

However, I want to change the status on my profile to Legally Separated. As I prepare my documents in the hopes of getting an ITA soon, could you please advise me on the following?

1. Will my husband still be required to submit his ECA, PCC, Medical Clearance if I change my status to “Legally separated”?
2. What documents do I need to submit to substantiate my status as “legally separated”, as I will be unable to get a divorce certificate yet. Please note that the divorce petition is already being filed. Like i said, my husband and I are quite cordial, so if there's any document i need to get from him, that wont be a problem.
3. Will my husband still be counted as a member of the family re POF if I change my status to “Legally separated”?
4. My child has US citizenship. Should i use the US passport or the Nigerian one when applying?

Thanks a lot for any help I can get.