legally separated, pls help

[ujbaby]

Hi,

I am thinking of applying for cec next year june. I have been living separately from my spouse. My question is whether immigration will need any separation documents from me. I dont know the process of obtaining this document and whether it is neccessary to include in my application. Will it cause any delay in my application if i didnt include any separation document?? pls help me out.

 

[jes_ON]

You don't mention children, so I will assume there are none, which makes it easier.

Yes, you will need to send something like a copy of a separation agreement or an affidavit of separation. This is because you will have to indicate that you were married on your application, so you either have to include your spouse on your application, or you will have to prove that you are separated or divorced.

You can prepare an affidavit of separation yourself - do a Google search for a sample for your jurisdiction (if you're in Canada, search for an affidavit of separation for your province). It will have to indicate a date for which the separation came into effect. Just prepare the document, don't sign it yet - then take it to a Commissioner of Oaths (try your Service Canada location), and you will sign it there.

 

[ujbaby]

Thanx Jes_ON, ur a God sent in this forum, I really appreciate all ur advice..I dont have any children from the marriage so I guess it will be easier. I will keep u updated because I will still need some advice in near future.. Thanx soo much and congrats on ur landing!!!!!

 

[jes_ON]

Good luck - you do realize that if you apply without your spouse, you can never sponsor him/her in the future. So if it is at all possible that you may reconcile, you should try to include your spouse on the application.

 

[ujbaby]

Thanx Jes.. Nope, my ex spouse is a canadian citizen. He previously applied to sponsor me under inland sponsorship but the application was refused after 2 years saying it was not a real marriage.. so since we started living separate lives, i have been doing all i could to get my pr by myself because the refusal of the sponsorship was all his fault (he refused to convince immigration that the marriage was real).. Pls can u give me any link to the affidavit of separation.. yea, i lives in Toronto and had been working as a Registered practical nurse since the past one year.... though part time but is working more than part time and my hours will soon complete by next year march or april... pls reply.. Thanx. i also have 2 kids from a previous marriage but they are still back home, not sure if they will accompany me now because i dont have their custody yet.. i intend to bring them at a later date when they turned 18 or 20 and become independent so that i wont fight for their custody.. They r only 15 and 16yrs now
..

 

[jes_ON]

Thanx Jes.. Nope, my ex spouse is a canadian citizen. He previously applied to sponsor me under inland sponsorship but the application was refused after 2 years saying it was not a real marriage.. so since we started living separate lives, i have been doing all i could to get my pr by myself because the refusal of the sponsorship was all his fault (he refused to convince immigration that the marriage was real).. Pls can u give me any link to the affidavit of separation.. yea, i lives in Toronto and had been working as a Registered practical nurse since the past one year.... though part time but is working more than part time and my hours will soon complete by next year march or april... pls reply.. Thanx. i also have 2 kids from a previous marriage but they are still back home, not sure if they will accompany me now because i dont have their custody yet.. i intend to bring them at a later date when they turned 18 or 20 and become independent so that i wont fight for their custody.. They r only 15 and 16yrs now

Sorry, it appears that you need a "statutory declaration" rather than an affidavit....

This is probably the easiest - it's intended for pension applicants, but I don't see why they wouldn't accept it:
http://www.hrsdc.gc.ca/cgi-bin/search/eforms/index.cgi?app=prfl&frm=isp1811oas&ln=eng

Or you can pay a notary public to draft a statutory declaration as welll:
http://www.redsealnotary.com/marital-status-statutory-declaration.html

http://www.toronto-notary-public.com/services.htm

BEYOND that, I'm sorry, it actually sounds like you need a lawyer who does both family and immigration law. You cannot sponsor adult children, if you want your children to be able to come later, they have to be included on your application (can be non-accompanying) and they have to go through medicals etc. But that's about all I know...

 

[ujbaby]

Thanx so much Jes, for devoting ur time to help me out .. Really appreciate all ur help..wouldn't have known what to do without u...yea, i will try to get them do their medicals when the time comes. will also book an appointment to see immigration lawyer..hopefull will get all these done by end of the month.. will keep u updated for the near future.. God bless u for ur kindness

 

[sietal]

Hi Jes_ON,

Have you seen my question?

 

[sietal]

Hi Jes_ON,
I am in the same situation as ujbaby. I saw this post and find it similar to my case. Hope you have something to help me. I called CIC on this but did not know what to say and I am writing emails to them and they repeat the same thing.
I am separated from my wife since January 2014 when she came here in Canada for a month and then left. In August 2014 I got my CSQ and applied for PR (QSW) mentioning my separation. In July 2015 cic asked me for a clarification and I sent my marriage certificate along with a letter explaining my separation. In August 2015, they asked me for her documents and medics or a divorce certificate. Since my divorce process is continuing in my country, I applied for a certificate in the justice administration there and they issued me a letter (certificate) that my divorce file has terminated. (This does not mean that a divorce certificate has been issued). In September 2015 I sent this to cic and on October 15, they refused this letter and asked for a Certificate until November 2015. Sure the certificate will not be ready by then and I do not know when this will end. There are still monetary negotiations for the divorce. In your idea, an affidavit signed by a commissioner of oath or a statutory declaration confirming my separation are accepted or a divorce certificate is inevitable?
Thank you in advance for your kind response,

 

[jes_ON]

Since my divorce process is continuing in my country, I applied for a certificate in the justice administration there and they issued me a letter (certificate) that my divorce file has terminated. (This does not mean that a divorce certificate has been issued).

I don't know what country you are from, so it is more difficult to comment.

Did the letter actually say "terminated?" If so, that's unfortunate - to me, that means the divorce proceedings have been stopped (meaning, you have decided to continue to be married). If the letter says that the proceedings have been completed, that's different - it should also say something about you being legally divorced.

A few other thoughts -

A - As above, you might need the help of an immigration lawyer, to draft an affidavit stating that you have been separated xince xxx date, that your divorce is in process, and it may take time to complete. You also understand that by excluding your spouse from the application, you will never be able to sponsor her for PR in Canada.

B - The BEST thing you could do is to also get a sworn statement from her, also indicating that the relationship is over, the divorce is in process, she has no intention of reconciling, and and she has no intention of immigrating to Canada. Understandably, she may not be all that willing to help you out with this.

C. Do you have a lawyer in your country representing you? A letter from that lawyer may help. Other documents (.e.g the divorce petition) could help.

D, You may want to consider how you can expedite a final divorce agreement.

E. A hail mary - since you have been separated for over a year, and presumably been living in Quebec for over a year, you could file for divorce in Quebec. CIC might be more willing to accept "divorce in process" from Canada than your home country...

Others have succeeded in the past with sworn statements etc., but there's no guarantee that it will be accepted now. But you can only do your best -

 

[sietal]

Thank you so much for all these detailed and useful points.
As a matter of fact, yes it is written that the file is terminated. As I said the divorce may happen after the monetary negotiations in Iran (Issues with Nafaqah and Mahr).
She is in Iran and did not even apply for a CSQ. She came here only for a visit in January 2014 and after that there is this separation me here and she in Iran. We have not communicated and do not even desire to talk together so I cannot expect anything from her (Sworn statement etc.).
To draft an affidavit stating that I have been separated, should it be done by an immigration lawyer? Or I can fill out one and have it signed and sealed by a commissioner of oaths? I looked at some of the links that you had provided above. But I wonder if there is a difference between an affidavit and a statutory declaration in my case.
Since the file for Mahr is open which passes through a hard core negotiation, it is not known how long more it may take before my lawyer in Iran can come to an agreement with her lawyer on this. But I can consider asking my lawyer for a letter.
Filing for a divorce in Quebec is interesting that I did not know would be possible; I should look at it closely. However I wonder if it is possible for a couple of foreign nationality to file for a divorce while one is here and the other is in another country.
Again thank you for your great help.

 

[jes_ON]

To draft an affidavit stating that I have been separated, should it be done by an immigration lawyer? Or I can fill out one and have it signed and sealed by a commissioner of oaths? I looked at some of the links that you had provided above. But I wonder if there is a difference between an affidavit and a statutory declaration in my case.

I would advise seeking the advice of a lawyer on this, since CIC has already refused your documentation once, you will not get another chance to get this right.

But I can consider asking my lawyer for a letter.

Not just a letter, any other documentation that the divorce is in process.

Filing for a divorce in Quebec is interesting that I did not know would be possible; I should look at it closely. However I wonder if it is possible for a couple of foreign nationality to file for a divorce while one is here and the other is in another country.

Yes, it is possible, if one of you has been a legal resident for at least one year.

 

[sietal]

That would be a good idea to consult a lawyer. Filing for a divorce seems a little tricky here. They told me today that it may need to first register the marriage here and then file for divorce. The hail mary looks a little longer.
Anyway, thank you for these great tips.

 

[Bhawin1317]

hi all seems like i will probably get some positive answer from this forum.

I am married since 2006 and blessed with 2 kids 7 years each. my marriage relationship has been always a roller coaster ride. i have undergone so much of metal harassment from her and she has also threatened my parents number of times. Due to biased law system that, in most of the cases, gives judgment in favor of female i am silently living separately for past one and a half year from her to avoid any repercussions on my family and kids. She is not giving me divorce and not showing any co operation in my endeavor to get Canadian pr by simply threatening me in a way that she will not co operate in getting clear her pcc and medical so that i can't go and settle in canada.

Have consulted so may consultant but dont know how to overcome this issue. Can i apply under " legally separated " category where by i dont need her co operation in terms of her medical, pcc and her passport needs to be submitted?, secondly do i need court divorced decree for applying under such category as she will not let divorce to happen. Because divorce seems to be impossible as she will never give me.

can any one guide or suggest good consultant whom i can approach or discuss my case and can apply for canadian pr with her interference?

Would be of gr8 help if anyone could impart a ray of hope on this matter.

 

[Docmustakeem]

Hello bhawin ....can u plz get back to drmustakeempatel8@gmail.com.i am down with the same problem.
I have found out sometin important that can help both of us maybe