OCI - Married in India, Divorced in Canada - Need Help

[Radium]

Can anyone please help. This question has been bugging me for a while

Me and my wife, we mutually divorced in Canada a few years back but our marriage took place in India.
Marriage certificate is from India and Divorce certificate is Canadian. I also have her name on my Indian passport.

The OCI checklist is confusing to me. It says FOR DIVORCEES:
 Divorcee applicants are required to submit their divorce certificate. Please note: In normal circumstances, if the marriage is solemnized in India, the divorce should also be taken in India (not in Canada) however, if both applicants seeking to get divorced have acquired Canadian or foreign citizenship, they can get divorced in Canada, provided the decision is not ex- parte. Ex-parte divorce certificate will not be accepted.
- If divorced in Canada, the divorce certificate should be attested from the Ministry of Ontario and further attested by the Consulate General of India, Toronto.

I clearly don’t meet CGI/IHC’s “Normal Circumstances” condition since our divorce was complete (in Canada) before acquiring Canadian citizenship.

My oath is next month. I don’t live in Toronto, i’m in Calgary. where should i get the divorce certificate attested?
I know my OCI application will be returned, if i don’t include or attest the certificate.

Has anyone been thru a similar situation, or knows what should i do here, any insight/solution will be much appreciated. It’s stressing me out.

 

[sheikhzaid]

Hey man were you able to find solution for this? Please let me know the same.

 

[Radium]

Yes, attestation is no longer required.
Indian consulate and BLS websites are not clearly updated regarding what documents are required.
Since I have completed this whole process I can answer your specific questions.

 

[Sonikky]

Can anyone please help. This question has been bugging me for a while

Me and my wife, we mutually divorced in Canada a few years back but our marriage took place in India.
Marriage certificate is from India and Divorce certificate is Canadian. I also have her name on my Indian passport.

The OCI checklist is confusing to me. It says FOR DIVORCEES:
 Divorcee applicants are required to submit their divorce certificate. Please note: In normal circumstances, if the marriage is solemnized in India, the divorce should also be taken in India (not in Canada) however, if both applicants seeking to get divorced have acquired Canadian or foreign citizenship, they can get divorced in Canada, provided the decision is not ex- parte. Ex-parte divorce certificate will not be accepted.
- If divorced in Canada, the divorce certificate should be attested from the Ministry of Ontario and further attested by the Consulate General of India, Toronto.

I clearly don’t meet CGI/IHC’s “Normal Circumstances” condition since our divorce was complete (in Canada) before acquiring Canadian citizenship.

My oath is next month. I don’t live in Toronto, i’m in Calgary. where should i get the divorce certificate attested?
I know my OCI application will be returned, if i don’t include or attest the certificate.

Has anyone been thru a similar situation, or knows what should i do here, any insight/solution will be much appreciated. It’s stressing me out.

Could you please advise what documents you submitted? Are we required to send any originals?

 

[Kiwi07]

Yes, attestation is no longer required.
Indian consulate and BLS websites are not clearly updated regarding what documents are required.
Since I have completed this whole process I can answer your specific questions.

How do you know still not required if I may ask please

 

[Kiwi07]

Yes, attestation is no longer required.
Indian consulate and BLS websites are not clearly updated regarding what documents are required.
Since I have completed this whole process I can answer your specific questions.

Please could you elaborate more? I got my documents notarized and further attested by Consular services on Jarvis Street. Do I have to get attestation done from Indian consulate in Toronto before sending to BLS for OCI?

 

[Radium]

Update for everyone looking for an answer on this question - you are no longer required divorce attestation if you were married in India and divorced in Canada.
It was a requirement before but not anymore. BLS office in Calgary advised me just a photocopy is enough. I have already received my OCI.
Still if you feel you have specific questions and it’s stressing you out, make an appointment with your local BLS office. Speak to a senior officer there, on my first visit, i spoke to a newbie girl who had no idea what i was talking about and asked me to email Indian consulate for clarification. i emailed and never received a response from them. I went to BLS again, this time i spoke to an extremely knowledgeable guy, and he clarified no authentication, attestation or notary is required.
By this time, i had already notarized and applied for authentication of my divorce certificate (cause of incomplete info on both BLS and Indian high commission website, and BLS agent not aware of new process, this caused me great stress for a few weeks)
Good luck to everyone, hope everything goes well with you.

-Radium

 

[Kiwi07]

Update for everyone looking for an answer on this question - you are no longer required divorce attestation if you were married in India and divorced in Canada.
It was a requirement before but not anymore. BLS office in Calgary advised me just a photocopy is enough. I have already received my OCI.
Still if you feel you have specific questions and it’s stressing you out, make an appointment with your local BLS office. Speak to a senior officer there, on my first visit, i spoke to a newbie girl who had no idea what i was talking about and asked me to email Indian consulate for clarification. i emailed and never received a response from them. I went to BLS again, this time i spoke to an extremely knowledgeable guy, and he clarified no authentication, attestation or notary is required.
By this time, i had already notarized and applied for authentication of my divorce certificate (cause of incomplete info on both BLS and Indian high commission website, and BLS agent not aware of new process, this caused me great stress for a few weeks)
Good luck to everyone, hope everything goes well with you.

-Radium

Thank You. I called BLS contact centre and they have no clue at all. In fact I have a feeling they confuse attestation of Canadian documents services provided by Indian consulate for Miscellaneous reasons with OCI which are both different things. I emailed CGI Toronto on oci.toronto@mea.gov.in and waiting for their reply. So far I have got info from 2 people having similar case and both including you that it is not really needed to be attested etc. In fact in the checklist on the BLS website, it is not even asked to provide this document anymore. I have a feeling High Commission cares less about making updates to their website. I have a friend with similar case as you Radium and you are right, this requirement was before since he got his OCI in 2019. Toronto Consulate office made him run around to prove his divorce was mutual in Canada. This worried me a lot. I am waiting for surrender certificate and will apply for OCI now that your answer gives me immense confidence.

 

[write2rtd]

Hi @Radium , @Kiwi07 ,
I am preparing my documents to apply OCI first time. I was married in India, divorced in India and am now a Canadian Citizen. Do I need to get my divorce certificate issued by Family Court in India attested from MEA to apply for OCI? Please help. Thanks so much.