OCI - Married in India, Divorced in Canada - Need Help

[Radium]

Can anyone please help. This question has been bugging me for a while

Me and my wife, we mutually divorced in Canada a few years back but our marriage took place in India.
Marriage certificate is from India and Divorce certificate is Canadian. I also have her name on my Indian passport.

The OCI checklist is confusing to me. It says FOR DIVORCEES:
 Divorcee applicants are required to submit their divorce certificate. Please note: In normal circumstances, if the marriage is solemnized in India, the divorce should also be taken in India (not in Canada) however, if both applicants seeking to get divorced have acquired Canadian or foreign citizenship, they can get divorced in Canada, provided the decision is not ex- parte. Ex-parte divorce certificate will not be accepted.
- If divorced in Canada, the divorce certificate should be attested from the Ministry of Ontario and further attested by the Consulate General of India, Toronto.

I clearly don’t meet CGI/IHC’s “Normal Circumstances” condition since our divorce was complete (in Canada) before acquiring Canadian citizenship.

My oath is next month. I don’t live in Toronto, i’m in Calgary. where should i get the divorce certificate attested?
I know my OCI application will be returned, if i don’t include or attest the certificate.

Has anyone been thru a similar situation, or knows what should i do here, any insight/solution will be much appreciated. It’s stressing me out.

 

[sheikhzaid]

Hey man were you able to find solution for this? Please let me know the same.

 

[Radium]

Yes, attestation is no longer required.
Indian consulate and BLS websites are not clearly updated regarding what documents are required.
Since I have completed this whole process I can answer your specific questions.

 

[Sonikky]

Can anyone please help. This question has been bugging me for a while

Me and my wife, we mutually divorced in Canada a few years back but our marriage took place in India.
Marriage certificate is from India and Divorce certificate is Canadian. I also have her name on my Indian passport.

The OCI checklist is confusing to me. It says FOR DIVORCEES:
 Divorcee applicants are required to submit their divorce certificate. Please note: In normal circumstances, if the marriage is solemnized in India, the divorce should also be taken in India (not in Canada) however, if both applicants seeking to get divorced have acquired Canadian or foreign citizenship, they can get divorced in Canada, provided the decision is not ex- parte. Ex-parte divorce certificate will not be accepted.
- If divorced in Canada, the divorce certificate should be attested from the Ministry of Ontario and further attested by the Consulate General of India, Toronto.

I clearly don’t meet CGI/IHC’s “Normal Circumstances” condition since our divorce was complete (in Canada) before acquiring Canadian citizenship.

My oath is next month. I don’t live in Toronto, i’m in Calgary. where should i get the divorce certificate attested?
I know my OCI application will be returned, if i don’t include or attest the certificate.

Has anyone been thru a similar situation, or knows what should i do here, any insight/solution will be much appreciated. It’s stressing me out.

Could you please advise what documents you submitted? Are we required to send any originals?

 

[Kiwi07]

Yes, attestation is no longer required.
Indian consulate and BLS websites are not clearly updated regarding what documents are required.
Since I have completed this whole process I can answer your specific questions.

How do you know still not required if I may ask please

 

[Kiwi07]

Yes, attestation is no longer required.
Indian consulate and BLS websites are not clearly updated regarding what documents are required.
Since I have completed this whole process I can answer your specific questions.

Please could you elaborate more? I got my documents notarized and further attested by Consular services on Jarvis Street. Do I have to get attestation done from Indian consulate in Toronto before sending to BLS for OCI?

 

[Radium]

Update for everyone looking for an answer on this question - you are no longer required divorce attestation if you were married in India and divorced in Canada.
It was a requirement before but not anymore. BLS office in Calgary advised me just a photocopy is enough. I have already received my OCI.
Still if you feel you have specific questions and it’s stressing you out, make an appointment with your local BLS office. Speak to a senior officer there, on my first visit, i spoke to a newbie girl who had no idea what i was talking about and asked me to email Indian consulate for clarification. i emailed and never received a response from them. I went to BLS again, this time i spoke to an extremely knowledgeable guy, and he clarified no authentication, attestation or notary is required.
By this time, i had already notarized and applied for authentication of my divorce certificate (cause of incomplete info on both BLS and Indian high commission website, and BLS agent not aware of new process, this caused me great stress for a few weeks)
Good luck to everyone, hope everything goes well with you.

-Radium

 

[Kiwi07]

Update for everyone looking for an answer on this question - you are no longer required divorce attestation if you were married in India and divorced in Canada.
It was a requirement before but not anymore. BLS office in Calgary advised me just a photocopy is enough. I have already received my OCI.
Still if you feel you have specific questions and it’s stressing you out, make an appointment with your local BLS office. Speak to a senior officer there, on my first visit, i spoke to a newbie girl who had no idea what i was talking about and asked me to email Indian consulate for clarification. i emailed and never received a response from them. I went to BLS again, this time i spoke to an extremely knowledgeable guy, and he clarified no authentication, attestation or notary is required.
By this time, i had already notarized and applied for authentication of my divorce certificate (cause of incomplete info on both BLS and Indian high commission website, and BLS agent not aware of new process, this caused me great stress for a few weeks)
Good luck to everyone, hope everything goes well with you.

-Radium

Thank You. I called BLS contact centre and they have no clue at all. In fact I have a feeling they confuse attestation of Canadian documents services provided by Indian consulate for Miscellaneous reasons with OCI which are both different things. I emailed CGI Toronto on oci.toronto@mea.gov.in and waiting for their reply. So far I have got info from 2 people having similar case and both including you that it is not really needed to be attested etc. In fact in the checklist on the BLS website, it is not even asked to provide this document anymore. I have a feeling High Commission cares less about making updates to their website. I have a friend with similar case as you Radium and you are right, this requirement was before since he got his OCI in 2019. Toronto Consulate office made him run around to prove his divorce was mutual in Canada. This worried me a lot. I am waiting for surrender certificate and will apply for OCI now that your answer gives me immense confidence.

 

[write2rtd]

Hi @Radium , @Kiwi07 ,
I am preparing my documents to apply OCI first time. I was married in India, divorced in India and am now a Canadian Citizen. Do I need to get my divorce certificate issued by Family Court in India attested from MEA to apply for OCI? Please help. Thanks so much.

 

[lovekumar86]

hi Radium, Kiwi07

hope you are doing well!
I was an Indian Citizen and work permit holder of Canada when I married in India but divorced in Canada as a work permit holder. After our divorce, my ex-wife got married in India and settled there but I do not have any proof as we are not in touch since our separation. I am about to apply for OCI now and as per OCI checklist regarding marital status states the following:

In normal circumstances, if the marriage is solemnized in India, the divorce should also be taken in India (not in Canada) however, if both applicants seeking to get divorced have acquired Canadian or foreign citizenship, they can get divorced in Canada, provided the decision is not ex- parte.

The confusing part is "if both applicants seeking to get divorced have acquired Canadian or foreign citizenship, they can get divorced in Canada". I am not in touch with her and she is an Indian citizen and I am a Canadian citizen. Is my Canadian divorce certificate still valid or do I need to obtain a divorce certificate from India for applying OCI?

Your guidance will be much appreciated.

 

[Radium]

hi Radium, Kiwi07

hope you are doing well!
I was an Indian Citizen and work permit holder of Canada when I married in India but divorced in Canada as a work permit holder. After our divorce, my ex-wife got married in India and settled there but I do not have any proof as we are not in touch since our separation. I am about to apply for OCI now and as per OCI checklist regarding marital status states the following:

In normal circumstances, if the marriage is solemnized in India, the divorce should also be taken in India (not in Canada) however, if both applicants seeking to get divorced have acquired Canadian or foreign citizenship, they can get divorced in Canada, provided the decision is not ex- parte.

The confusing part is "if both applicants seeking to get divorced have acquired Canadian or foreign citizenship, they can get divorced in Canada". I am not in touch with her and she is an Indian citizen and I am a Canadian citizen. Is my Canadian divorce certificate still valid or do I need to obtain a divorce certificate from India for applying OCI?

Your guidance will be much appreciated.

Don’t worry, just the divorce certificate you received in Canada is enough. You don’t have to get in touch with your ex.
In my case, after I completed my OCI paperwork, I took it to BLS to verify for its completeness and if i need to include more paperwork as I was worried because of my divorce. The agent at BLS was very helpful and told me there is no need of attestation or notary and to just include a photocopy of my divorce certificate received in Canada and that will suffice the requirement.
When I showed him BLS website and Indian consulate website documentation requirement for people who were married in India but divorced in Canada to that he said, that information is outdated and no longer required.
If you still need more clarification and not fully satisfied with my answer, I’ll suggest to make an appointment with BLS and specifically ask to talk to a senior/ tenured agent. alternatively, after completing your OCI application take it to BLS, they check it anyway before accepting it. I’m sure all your doubts will be cleared. I had no clear answer from anyone before I filed for OCI but eventually I got my questions answered. Good luck!

 

[lovekumar86]

Don’t worry, just the divorce certificate you received in Canada is enough. You don’t have to get in touch with your ex.
In my case, after I completed my OCI paperwork, I took it to BLS to verify for its completeness and if i need to include more paperwork as I was worried because of my divorce. The agent at BLS was very helpful and told me there is no need of attestation or notary and to just include a photocopy of my divorce certificate received in Canada and that will suffice the requirement.
When I showed him BLS website and Indian consulate website documentation requirement for people who were married in India but divorced in Canada to that he said, that information is outdated and no longer required.
If you still need more clarification and not fully satisfied with my answer, I’ll suggest to make an appointment with BLS and specifically ask to talk to a senior/ tenured agent. alternatively, after completing your OCI application take it to BLS, they check it anyway before accepting it. I’m sure all your doubts will be cleared. I had no clear answer from anyone before I filed for OCI but eventually I got my questions answered. Good luck!

 

[lovekumar86]

Thank you so much for helping in this regard. Really helpful and convinced now. Thanks a ton for your wishes

 

[DesiAMalik007]

I have a complex situation wherein my spouse never visited Canada but I live and work here for over a year. I want to get divorced in Canada, is that possible? Can someone advise or recommend an experienced lawyer in Canada who deals with divorces for people of Indian origin and knows laws of both countries?