My divorce is under process

[Dilrukshi1980]

Hi All
Need help. My divorce is under process. Hopefully can get it within 6 months time. My Ex-husband is in Canada. can I apply for student visa in Canada.? What is the marital status I should mention.? As the divorce not yet finalized can i show the documents as its under process.?

 

[jigzyy]

You can select Divorced or Legally Separated and mention that in Letter of Explanation that divorce is under process.

 

[Dilrukshi1980]

Thank you. May I know what is the difference between divorced and legally separated. I am applying visa from Sri Lanka. Usually in Sri Lanka divorce will take 6-9 months. I am expecting first hearing in November and Second in Feb-2021. And final decision will be Apr-2021. I can not wait till that. I am applying for student visa for Winter intake means Jan 2021. I can support visa application with proof of legal documents shows that the divorce is under process. Hope this may not lead to reject my visa, as my Ex-husband is in Canada with my Children.

 

[Laguna55]

Off the topic a bit, is your main reason for application to study or to be with your children? IRCC will probably question your motive for the application

 

[Dilrukshi1980]

Is study and settle in Canada eventually. It was my dream to live in Canada. As my job was stable in UAE I had asked my Ex-husband to go first. But later on he changed his mind and had to file the divorce

 

[Laguna55]

I would suggest attaching a word document stating your reasons to the application, IRCC can easily reject study permit applications if they feel the application is not solely for studying and if one will not leave canada at the end of their studies

 

[Dilrukshi1980]

I have a question. If I write in the application - Legally separated, am I suppose to attached the documents.? If they asked further then I can provide some authentic documents which shows divorce i sunder process.

 

[Laguna55]

They ask for copy of marriage certificate so I guess same thing, they will want copy of the legally separated document

 

[Dilrukshi1980]

If I have taken the divorce already, probably in Feb 2021 will be finalized. Still they will reject my application.?

 

[Laguna55]

I think in this situation step in the shoes of the IRCC officer, your children are in canada, so what is the main purpose of your visit is what needs to determined. Maybe your college needs to be in a different province to where your children are residing. And as I have mentioned, ircc need to be satisfied you will leave canada after your studies

 

[Dilrukshi1980]

Its in two different province. Alberts and British Colombia. If I don't get student visa. Planning to apply PR in 2021 after my MBA. So that time I may have divorce completed and MBA completed.