Separated from wife but no divorce. CIC asked for divorce certificate. What should I do?

[Anirudh1984]

Hello Anirudh,


Even if you don't register your marriage, you are married at the moment(Marriage photos, videos, invitation cards and testimony of hundreds of people), unless you have a court order/divorce deed that proves it otherwise. Even if you go to canada with single status, your "wife" will eventually find out(It's not about how, but it's about when), also there is a chance she may need a court order as well in future or you may need it in future as well. (You know for remarriage).

I advise you to talk with a good lawyer before going ahead with your application.
By the way, i have heard few cases where they only provided the filed divorce case number and an affidavit and got their pr.

Good Luck.

Hi Cp
Thanks for going out of your way to advice me. Totally appreciate it. We can only apply for divorce after one year of marriage is over. So right now I can only sign an affidavit saying that we are separated and provide photos/invitation as evidence of our marriage. I am applying for a student visa so I am guessing that would be enough?
Aniriddha

 

[LuXar]

hey guys I am in the same situation.

I am going to submit letter of separation. Did not filed divorce yet as we are still negotiating things and it might take some time before we file divorce.

Would it be enough ?
Any other things I should include ?

Please advise me thanks

 

[LuXar]

Anyone ?

 

[nematode]

Need suggestion and advice, --> In case of No court order or anything to proof that we are separated, will the Affidavit stating that I do not intend to reconcile and will not sponsor my spouse in future and will proceed with legal avenues of divorce in future, will be sufficient after ITA is received?

looking for help, this is complicated situation.

Hi,
I am in a similar situation. I do not have any document to prove my separation. Please let me know whether you had success with apply just with Affidavit.

 

[nematode]

Hi guys,
I am separated from my husband since few years. But we have not applied for divorce or have any document regarding separation. We do not want to apply for it for the time being. I do not intend to sponsor my spouse in future. Can any other document combinations, without the submission of divorce petition would help. I cannot get medical or PCC from my spouse too. Any suggestions will be appreciated. Thanks.

 

[Moving2candaNow]

Hi all,
My situation is a bit different but the above posts really helped in getting some clarity but I’m not sure as what is best in my situation.
My wife and I planned to immigrate to Canada together and we applied through express entry.
I’m the primary candidate and she is my dependent.
We have received a provincial nomination.
We have completed our biometrics and we’re awaiting for PPR letter. Unfortunately, due to personal differences we are planning to file a mutual divorce.
Now, I’m not sure what needs to be done after the divorce is filed and how will it impact my application. I’ve been waiting for it get processed since pre-COVID era.
Any help would be appreciated.
Thanks.

 

[Deepika_123]

Hi,

I have the same kind of situation. I am separated from my husband due to domestic violence issue. We have been separated for 2 years but not legally divorce. But in all of my tax filing documents with CRA I mentioned that I m separated, however I have started the divorce process. I m just confuse as I have to initiate PR processes and for PCC under BLS how should I proceed as I m not divorced yet and my passport is bearing in-law address in India.Can somebody please help me

 

[Kingharshal]

Hi,

I have the same kind of situation. I am separated from my husband due to domestic violence issue. We have been separated for 2 years but not legally divorce. But in all of my tax filing documents with CRA I mentioned that I m separated, however I have started the divorce process. I m just confuse as I have to initiate PR processes and for PCC under BLS how should I proceed as I m not divorced yet and my passport is bearing in-law address in India.Can somebody please help me

Hello,
There are 14 pages of thread under this topic and the answers to your situation is repeated over and over again.
help Yourself and read everything here and then decide about your application.

 

[Kingharshal]

Hi all,
My situation is a bit different but the above posts really helped in getting some clarity but I’m not sure as what is best in my situation.
My wife and I planned to immigrate to Canada together and we applied through express entry.
I’m the primary candidate and she is my dependent.
We have received a provincial nomination.
We have completed our biometrics and we’re awaiting for PPR letter. Unfortunately, due to personal differences we are planning to file a mutual divorce.
Now, I’m not sure what needs to be done after the divorce is filed and how will it impact my application. I’ve been waiting for it get processed since pre-COVID era.
Any help would be appreciated.
Thanks.

Hello ,
If you have completed the Biometric then you just need to wait for you PPR letter. You both will need to land in Canada together and get stamped and go your ways with the divorce application. If that is not possible then you both have complicated this real bad. You can’t come to Canada without each other as both your names will be in the ppr letter and until you are stamped at Canada airport you process is incomplete.
you will have to apply all over again as individual appplicant as separated and attach your divorce application . It’s best to hire a lawyer . Don’t save money and hire an immigration consultant. Hire a practising LAWYER to save the existing application . Worst case scenario- you start all over again individually

 

[Kingharshal]

Hi,
I am in a similar situation. I do not have any document to prove my separation. Please let me know whether you had success with apply just with Affidavit.

Hi guys,
I am separated from my husband since few years. But we have not applied for divorce or have any document regarding separation. We do not want to apply for it for the time being. I do not intend to sponsor my spouse in future. Can any other document combinations, without the submission of divorce petition would help. I cannot get medical or PCC from my spouse too. Any suggestions will be appreciated. Thanks.

hello
Affidavit is not enough. You need to attach a copy of a divorce application to show you have initiated the process. Anyone can sign an affidavit without the knowledge of partner and apply for PR but immigration needs proof to know you are genuine so a copy of divorce application is important. Every officer is different in assessment . Some may ask for proof and some won’t but it will delay your case for a good long time with solid paperwork





hello
Affidavit is not enough. You need to attach a copy of a divorce application to show you have initiated the process.

 

[Kingharshal]

hey guys I am in the same situation.

I am going to submit letter of separation. Did not filed divorce yet as we are still negotiating things and it might take some time before we file divorce.

Would it be enough ?
Any other things I should include ?

Please advise me thanks

hello
Why are you in a rush to submit your immigration application while you are still deciding on when you will apply for divorce. Affidavit are not enough and will only delay it until you provide proof of divorce proceeding being initiated.
A divorce notice does not require you to decide what is going to be kept or given to the other partner . Negotiations can be done after sending a notice

 

[Deepika_123]

Hi,

I am on the same boat. I put legally separated on my status when I submitted my PR application. Now, CIC came back to me and is asking me to provide medical examination, police certificate, etc from my ex-spouse which is impossible as we are not in good terms. What I did was I applied for divorce and was signed by the judge and got stamped from the court as well. Do you think that this " filing of divorce" is enough to prove them that there is no chance of me and my ex-spouse on getting back together? I am afraid that CIC might ask for divorce certificate which of course will take time.

Hi
I am also having same situation. I m living separately not legally divorced in Canada. However, I started divorce process, wandering how should I proceed with PCC for BLS. Should I mention I m legally separated. I m worried that police enquiry will go to my in-law address as my passport is having my husband address. What should I do for PCC and other things I should consider while applying for PR

 

[Deepika_123]

Did you end up getting a PPR?

I am in same situation. What is PPR?

 

[Deepika_123]

Did any body get his PR approved using that affidavit, or the CIC will wait till Divorce is finalized?

Hey John,

As I m also in same situation and following the thread of this conversation. Would you mind telling me what is CSE and why and when to raise it

 

[MelayOcampo17]

Hi guys, i just submitted my PR application under the public policy. I have the same situation my husband wont cooperate. so I attached an affidavit about it . My immigration consultant advice me to get a divorce. In the divorce process do i need the signature of my husband? Or does the court will send a letter to him? I have 2 kids and they are living with him. My husband and kids are in the Philippines