Marital Status in Express Entry form

[SaSJ]

Hi All,
I got married a year back and have been living separately for almost 11months now. My ex has applied for annulment of marriage and the case is pending in court(nearly 8months) as the family courts aren't functioning. I want to apply for Express Entry program, but do not know if I need to put status as Single or Annulled or Legally Separated. I do not have marriage certificate as well because my spouse was uncooperative from day one. I'm thoroughly confused as to what would be the legal complications. Also, want to know what should be my marital status and the documents that need to be submitted for the same.
Thanks..

 

[primaprime]

Legally separated.

 

[SaSJ]

Legally separated.

Thanks for your response. But can you tell me what documents are needed in case I choose Legally separated?

 

[SaSJ]

The problem is I don't have any relevant documents needed in this regard. I'm confused about how to approach this.

 

[Histrionics]

You will need to provide documents stating the legally separated status such as a formal Judicial Separation document or a Divorce/Annulment decree. Simply stating that you are legally separated is enough for the pre-ITA stage but post that you will need to provide documentary proof.

I was divorced before I re-married and my spouse and we applied for EE. We were still required to provide the divorce decree from my first marriage.

Do you know which family court (Sub-divisional magistrate office), this was lodged at? They should be able to provide you a copy of your marriage certificate (if registered as is mandatory in India now) and also a copy of the annulment documents filed by your spouse and/or any decision on the application.

 

[SaSJ]

Hey thanks for your response.
Mine is a complex case where my spouse did not come for marriage registration and thus the problem started and we have been living separately. I only have the case number because the case hasn't progressed an inch from the day it was filed 8 months ago. The case is registered in Family court of Madras. There is no decision taken by the court and I only have the Court notice with me.
I am sure of getting the ITA in the coming draw as I have a good score (with single status).
Is the court notice alone enough or do I need a judgement copy(not sure when the courts will open)?

 

[SaSJ]

You will need to provide documents stating the legally separated status such as a formal Judicial Separation document or a Divorce/Annulment decree. Simply stating that you are legally separated is enough for the pre-ITA stage but post that you will need to provide documentary proof.

I was divorced before I re-married and my spouse and we applied for EE. We were still required to provide the divorce decree from my first marriage.

Do you know which family court (Sub-divisional magistrate office), this was lodged at? They should be able to provide you a copy of your marriage certificate (if registered as is mandatory in India now) and also a copy of the annulment documents filed by your spouse and/or any decision on the application.

Hey thanks for your response.
Mine is a complex case where my spouse did not come for marriage registration and thus the problem started and we have been living separately. I only have the case number because the case hasn't progressed an inch from the day it was filed 8 months ago. The case is registered in Family court of Madras. There is no decision taken by the court and I only have the Court notice with me.
I am sure of getting the ITA in the coming draw as I have a good score (with single status).
Is the court notice alone enough or do I need a judgement copy(not sure when the courts will open)?

 

[Histrionics]

Hey thanks for your response.
Mine is a complex case where my spouse did not come for marriage registration and thus the problem started and we have been living separately. I only have the case number because the case hasn't progressed an inch from the day it was filed 8 months ago. The case is registered in Family court of Madras. There is no decision taken by the court and I only have the Court notice with me.
I am sure of getting the ITA in the coming draw as I have a good score (with single status).
Is the court notice alone enough or do I need a judgement copy(not sure when the courts will open)?

You could select Legally Separated, share the documents you do have and explain the rest in an LoE.

 

[SaSJ]

You could select Legally Separated, share the documents you do have and explain the rest in an LoE.

Okay thanks. Will my application be delayed / rejected in case my loe is not satisfactory?
In another thread, I saw that the cic still asks for divorce certificate if you mention the status as Legally separated.
Link: https://www.canadavisa.com/canada-immigration-discussion-board/threads/separated-from-wife-but-no-divorce-cic-asked-for-divorce-certificate-what-should-i-do.530499/
I'm not sure when the courts will start conducting the cases and provide any affidavit/documentation for the same.

 

[Histrionics]

Okay thanks. Will my application be delayed / rejected in case my loe is not satisfactory?
In another thread, I saw that the cic still asks for divorce certificate if you mention the status as Legally separated.
Link: https://www.canadavisa.com/canada-immigration-discussion-board/threads/separated-from-wife-but-no-divorce-cic-asked-for-divorce-certificate-what-should-i-do.530499/
I'm not sure when the courts will start conducting the cases and provide any affidavit/documentation for the same.

Yes, like I said, it is quite likely for them to insist on an official document that states divorce or legally separated status.

Impossible to predict how it will impact your application. Make sure the LoE is detailed and explains everything. Or wait for the courts to open.

 

[SaSJ]

Yes, like I said, it is quite likely for them to insist on an official document that states divorce or legally separated status.

Impossible to predict how it will impact your application. Make sure the LoE is detailed and explains everything. Or wait for the courts to open.

Ok will try to get a legal document to support my status. Thanks for your response!