i am asked to upload divorce certificate in 7 days, I don't have a divorce certificate, the only thing I have is divorce decree. I want to know is it ok to upload certified copy of divorce decree or go I have to apostolic the decree of divorce. Ur help in this regards is highly appreciated.
Need urgent help. Do we need divorce certificate.
- Thread starter Mike2575
- Start date
I was asked to upload my divorce certificate as well. As far as I remember, when they ask for such a document they say "please provide our office with a divorce certificate(s), application(s) for divorce and divorce order(s" So I think you can upload whatever you have, translated into English, and attach LoE explaining all the details.
Decree is fine. You do not need apostille, but if its easy for you to get, then that would be safer. Just so you know, Canada is not part of the Apostille agreement, but I personally still paid and got it on my documents to add an extra level of authenticity. Its up to you.
i am married and i did submit all documents related to my marrige and my wife is primary applicant.
Seniors, or anyone with similar experience, need your urgent help.
I had applied for EE FSW-O with Marital status as Separated as divorce proceedings are still going on in the Indian courts for quite some time. The date of final decision cannot be predicted.
1. CIC requested for additional documents on Aug 9 requiring Divorce Decree. As advised by my consultant, in the absence of the final divorce decree, I uploaded latest court orders + letters from advocate (notarized) providing updates on the process and stating that once the case is proved, divorce decree is expected. Also, that the spouse and me are currently not co-habiting.
Also stated that timeframe / duration of the final decision depends on prevailing judicial system.
2. Now on Aug 25, CIC has again sent a letter requesting final divorce certificate and put my profile on hold for 60 days.
This is really confusing and worrying now as how can I provide the decree now + given that I have not mentioned that I am divorced, so why the insistence to get the decree. What should be my course of action now??
Also surprisingly, I had spoken to a CIC agent on 29 Aug (without being aware of the letter) who said security and eligibility are done and passed. Just now wait for final mail instructions as application has been passed.
Please help. @dr feras @legalfalcon
I had applied for EE FSW-O with Marital status as Separated as divorce proceedings are still going on in the Indian courts for quite some time. The date of final decision cannot be predicted.
1. CIC requested for additional documents on Aug 9 requiring Divorce Decree. As advised by my consultant, in the absence of the final divorce decree, I uploaded latest court orders + letters from advocate (notarized) providing updates on the process and stating that once the case is proved, divorce decree is expected. Also, that the spouse and me are currently not co-habiting.
Also stated that timeframe / duration of the final decision depends on prevailing judicial system.
2. Now on Aug 25, CIC has again sent a letter requesting final divorce certificate and put my profile on hold for 60 days.
This is really confusing and worrying now as how can I provide the decree now + given that I have not mentioned that I am divorced, so why the insistence to get the decree. What should be my course of action now??
Also surprisingly, I had spoken to a CIC agent on 29 Aug (without being aware of the letter) who said security and eligibility are done and passed. Just now wait for final mail instructions as application has been passed.
Please help. @dr feras @legalfalcon
legalfalcon
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If you are getting a divorce by mutual consent, a mutual consent agreement filed in the court would have been sufficient with the proof of filing. If the divorce is contested, then you will need to show the divorce petition, and the certified copy of the record. There is no need for the letters from advocate, as they have no value. Not sure why your consultant advised you on this.
If you already submitted these documents, and were asked again to provide a divorce decree, just send a letter with the copy of the petition also all certified copies of the record. Also include a letter explaining that the case is sub judice and pending.
@legalfalcon
In my initial submission as a part of the APR, I had already submitted copies of the divorce petition filed + further court orders as and when the subsequent hearing were done. But despite these, CIC has asked for Divorce Decree (now twice). In my last LOE, I had explained these stuff as well.
Should I resubmit the divorce petition documents again and get them notarized?? will resubmitting similar documents be of any value add??
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My answer would be same as what legalfalcon already said. As you know, there is no (legal) separation in Canada, but as far as CIC is concerned, they should exclude ex spouse from your application in 2 circumstances, 1 being divorced, 2 having a legal separation agreement if such thing exists in your country.
The main reason behind this, is them wanting to make sure that you are not creating a loophole to overcome what might have been a case of medical inadmissibility in terms of excessive demand.
If you can not provide proof of either of those 2 cases, its all down to cic officer discretion based on each case. Now what I would suggest is not to upload anything during those 60 days just in case you were able to finalise your divorce before the given dead line. If not, then best thing to do would be to submit them again as suggested by legalfalcon.
I would imagine it might also help your case if you submit a declaration from you that you understand that by this you are knowingly dropping your ex from your pr application, and that you understand that they will be exluded from ever being sponsored by you.