Separated, not divorced: declare your spouse on your PR application

What IRCC means by separated and spouse

IRCC’s glossary says: “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.” It defines a spouse as “a legal marriage partner.” Family members include a spouse or common-law partner, dependent children, and their dependent children.

You must include them

IRCC’s Help Centre answer Q256 says: “You must include all your family members even if they are not coming to Canada with you.” This includes your spouse or partner. It adds that for you to become a permanent resident, all your family members must pass a medical exam and background checks, even if they are not coming. Help Centre Q988 says dependants must have the exam done by an approved panel physician and must be admissible to be sponsored in the future.

The glossary says non-accompanying family members “should” have a medical exam. The Help Centre answers say “must.” Use “must.”

What happens if you leave them off

IRCC says you could be refused entry into Canada, and you may not be able to sponsor the family members you did not include in your application. IRCC’s how to apply page adds: “You can’t sponsor a family member after becoming a permanent resident if you don’t declare them in your application and have them examined (as required).”

If you cannot get their information

Help Centre Q1541 is written for parent and grandparent sponsorship, but it is IRCC’s clearest answer on this point. It says a separated spouse “is still considered a dependant.” You must complete all forms for them, even if they are not coming. If you cannot get information about your separated spouse, you must upload a written explanation. Details can include if the separated spouse is in prison or is in a common-law relationship with another person.

If you cannot have a family member examined, IRCC’s how to apply page says to declare them and submit a letter of explanation with evidence, such as letters, emails, a court order or a police report.

If you are now in a common-law relationship

IRCC says that if you have a separated spouse and are also in a common-law relationship, you must include your common-law partner in the application instead of your separated spouse.

What the staff manual adds

IRCC’s older staff manual, OP 2, is guidance for officers, not public rules, and it may not match current procedure exactly. It says an inadmissible family member normally makes the applicant inadmissible, but there is an exception for the separated spouse. Because separated spouses can reconcile, an examination is required to protect your future right to sponsor them. It asks for satisfactory proof of separation, such as a separation agreement, and says officers will not issue a permanent resident visa to a separated spouse.

What IRCC does not say

The IRCC pages used here do not explain how to choose marital status in an Express Entry profile for a separated person. They also do not say whether an upfront medical is expected for a separated spouse in Express Entry.

What to do next

1. List every family member, including a separated spouse.
2. Plan a medical exam for each, even those who will not travel.
3. If you cannot reach your spouse, gather evidence and write an explanation.
4. Read IRCC’s answers before you submit.

See our guide on non-accompanying family members and medical exams, the common-law 12-month rule and family sponsorship. Use the document checklist generator.

Frequently asked questions

Is my separated spouse still my spouse for IRCC?

Yes. IRCC says separated people are married but no longer living together.

Does my separated spouse need a medical exam?

IRCC says all family members must pass a medical exam and background checks, even if they are not coming to Canada.

What if my spouse will not cooperate?

IRCC says to upload a written explanation with evidence.

Can I list my common-law partner instead?

IRCC says to include your common-law partner instead of your separated spouse if you have both.

Sources

• IRCC: Glossary (checked October 20, 2026)
• IRCC Help Centre Q256, Q988 and Q1541 (checked October 20, 2026)
• IRCC: How to apply, spouse, partner and children (checked October 20, 2026)
• IRCC: Operational manual OP 2 (checked October 20, 2026)