Legally seperated

[Unlikely]

Hello, I really need some help from here. I am very desperate, so please help me out if you could..

My ex and I were married and got separated 3 years ago when I moved to Canada.
We completed a separation agreement which is legally effective in my home country.
I submitted it with LOE and statutory declaration for PR saying I will not support my ex for PR in the future.
FYI, I declared myself as 'separated' in IRCC in the first place. (same in CRA)

However, it seems they are not satisfied with the agreement even though it is 'legal'.
I got ADR today: Divorce certificate: Thank you to provide an explanation regarding your Separated Status, however for immigration purposes you still need to provide Divorce Certificate. You state that you are legally separated from your spouse. 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. If you’re legally separated, you’re still legally married but no longer living with your spouse. As you are considered to be still legally married, you could continue with your application with the following options:1) You must obtain and provide a divorce certificate, so your marital status is reflected as “Divorced” and we can proceed with your application.2) You have to add your spouse as a non-accompanying dependent and provide all necessary document.3) You can withdraw your application and re-apply after you have received your divorce certificate.

There is no hope of reconciliation because of a repeated cheatings. I cannot go for none of the options because:
- he is non-responsive, compulsive and uncooperative, so I am very afraid to contact him. I ever asked him to provide, but he rejected. It was a verbal conversation.
- if I want to file the divorce the court, I have to go back to my home country and stay at least 6 months to file the divorce due to our kids, all minors. It is mandatory to have a divorce reflection period if you have minor kid. I am working in Canada as a healthcare worker, so it is simply impossible..

What document I can submit further..? DO they reject my application..? I am so scared. please help me..

 

[CanGoldDigger]

You can file a divorce in Canada.

You need to apply to a court for a divorce.

As a general rule, to be able to divorce in Canada, you must meet ALL of the following criteria:

• You and your spouse are legally married under the laws of Canada, or under the laws of another country and that marriage is recognized in Canada.
• Your marriage has broken down.
• You or your spouse lived in the Canadian province or territory where you apply for your divorce for a full year immediately before making your application. (See the exception to this rule for certain non-residents who married in Canada)

https://www.justice.gc.ca/eng/fl-df/divorce/app.html

 

[Unlikely]

You can file a divorce in Canada.

You need to apply to a court for a divorce.

As a general rule, to be able to divorce in Canada, you must meet ALL of the following criteria:

• You and your spouse are legally married under the laws of Canada, or under the laws of another country and that marriage is recognized in Canada.
• Your marriage has broken down.
• You or your spouse lived in the Canadian province or territory where you apply for your divorce for a full year immediately before making your application. (See the exception to this rule for certain non-residents who married in Canada)

https://www.justice.gc.ca/eng/fl-df/divorce/app.html

We got married in our home country.. He is living in the home country and I am residing in Canada.. Do you think I can still file the divorce in Canada?

 

[CanGoldDigger]

We got married in our home country.. He is living in the home country and I am residing in Canada.. Do you think I can still file the divorce in Canada?

Yes.

 

[Unlikely]

Yes.

Thank you so much..!!

 

[CanGoldDigger]

Thank you so much..!!

Good luck. But check if you meet ALL of the criteria above.

 

[Jeer]

You can file a divorce in Canada.

You need to apply to a court for a divorce.

As a general rule, to be able to divorce in Canada, you must meet ALL of the following criteria:

• You and your spouse are legally married under the laws of Canada, or under the laws of another country and that marriage is recognized in Canada.
• Your marriage has broken down.
• You or your spouse lived in the Canadian province or territory where you apply for your divorce for a full year immediately before making your application. (See the exception to this rule for certain non-residents who married in Canada)

https://www.justice.gc.ca/eng/fl-df/divorce/app.html

But I think if we provide divorce filling to IRCc they still need divorce certificate but divorce nowadays take 6 months and IRCc give only 90 days to provide divorce certificate so what could be the solution in this case?

 

[Unlikely]

But I think if we provide divorce filling to IRCc they still need divorce certificate but divorce nowadays take 6 months and IRCc give only 90 days to provide divorce certificate so what could be the solution in this case?

Is your case a simple or joint divorce? Let me tell you my case. Mine is joint. So, when I filed my case to the court, I wrote a letter appealing the Judge to expedite my case with IRCC ADR (they give me only 7 days to my case). Also, I will ask IRCC to process my case without a divorce certificate for now because my case is a joint, uncontested divorce, no dispute anymore, so it is almost like a notification to the court for an final administrative step. FYI, mine is already legal agreement, so it was just literally copy and paste everything into the court forms. I will also submit the submission confirmation letter, file number and documents turned in to the court including my and my ex's legal affidavits. All my proofs show there is no hope of reconciliation and everything agreed. IDK if they will insist the certificate til the end...

 

[Unlikely]

You can file a divorce in Canada.

You need to apply to a court for a divorce.

As a general rule, to be able to divorce in Canada, you must meet ALL of the following criteria:

• You and your spouse are legally married under the laws of Canada, or under the laws of another country and that marriage is recognized in Canada.
• Your marriage has broken down.
• You or your spouse lived in the Canadian province or territory where you apply for your divorce for a full year immediately before making your application. (See the exception to this rule for certain non-residents who married in Canada)

https://www.justice.gc.ca/eng/fl-df/divorce/app.html

Really appreciated your help. I filed it today thanks to you..so much thank you.

 

[Jeer]

Is your case a simple or joint divorce? Let me tell you my case. Mine is joint. So, when I filed my case to the court, I wrote a letter appealing the Judge to expedite my case with IRCC ADR (they give me only 7 days to my case). Also, I will ask IRCC to process my case without a divorce certificate for now because my case is a joint, uncontested divorce, no dispute anymore, so it is almost like a notification to the court for an final administrative step. FYI, mine is already legal agreement, so it was just literally copy and paste everything into the court forms. I will also submit the submission confirmation letter, file number and documents turned in to the court including my and my ex's legal affidavits. All my proofs show there is no hope of reconciliation and everything agreed. IDK if they will insist the certificate til the end...

Ok I still have to apply for divorce I just got my work permit and apply pr next year but I’m worried because im putting married on every irrc forum like pgwp now and i have to apply trv im confused what should i put because I don’t have legal separation documents but will explain everything only in pr about separation although my cra show separated Marital status but after seeing situation now I’m thinking to have divorce first then apply pr

 

[Unlikely]

You can file divorce on your own as a simple divorce. You don't have to have your ex's cooperation, but it takes longer than joint.

Ok I still have to apply for divorce I just got my work permit and apply pr next year but I’m worried because im putting married on every irrc forum like pgwp now and i have to apply trv im confused what should i put because I don’t have legal separation documents but will explain everything only in pr about separation although my cra show separated Marital status but after seeing situation now I’m thinking to have divorce first then apply pr

 

[Jeer]

You can file divorce on your own as a simple divorce. You don't have to have your ex's cooperation, but it takes longer than joint.

But I don’t know his address or anything in Canada and can u suggest me about trv what should I put as marital status and because in pgwp I already put married though we are separated because as I have seen IRCc still consider us married even though we r legally separated as in your case ?

 

[Unlikely]

But I don’t know his address or anything in Canada and can u suggest me about trv what should I put as marital status and because in pgwp I already put married though we are separated because as I have seen IRCc still consider us married even though we r legally separated as in your case ?

There is a way what to do it when you don't have your ex's address. Please visit to the court homepage mentione above by another user in this thread. You just follow the guidelines Pathway on it. It is quite straightforward.