Proof of separation

[Emma_voodle]

Hi Guys,

I'm CEC Inland as a visitor (from UK), yesterday I got a UCI and my meds passed and my background went into IP1.

I got a request letter for the following:

1. Proof of separation from my husband (UK marriage - he now lives back in the UK)
- I'm currently going through the separation, it could be a lot longer still, but i can't wait that long to be able to work. When i called CIC they said they would accept an affidavit. Does anyone have any advice on this? I can't seem to get a straight forward answer as to exactly what i'm getting.
2. Proof of funds
-When i called CIC they said that despite me being CIC, this at the immigration officer's discretion. Is this normal? A friend said I just need to point out to the IO that i am CIC and do not need POF.

Thanks in advance!

AOR: June 29th
Meds Passed: August 28th
IP1: August 28th

 

[dr feras]

Hi Guys,

I'm CEC Inland as a visitor (from UK), yesterday I got a UCI and my meds passed and my background went into IP1.

I got a request letter for the following:

1. Proof of separation from my husband (UK marriage - he now lives back in the UK)
- I'm currently going through the separation, it could be a lot longer still, but i can't wait that long to be able to work. When i called CIC they said they would accept an affidavit. Does anyone have any advice on this? I can't seem to get a straight forward answer as to exactly what i'm getting.
2. Proof of funds
-When i called CIC they said that despite me being CIC, this at the immigration officer's discretion. Is this normal? A friend said I just need to point out to the IO that i am CIC and do not need POF.

Thanks in advance!

AOR: June 29th
Meds Passed: August 28th
IP1: August 28th

1- all IRCC cares about is that you are genuinely separated and that you are not creating a loophole to sponsor your spouse later, avoiding a current inadmissibility issue related to that spouse/partner. You have many options to show that. Ideally a divorce certificate/decree. If not, then you can provide a legal separation agreement. Legal separation takes around 6 weeks in the UK. If both of these options are not possible within the timeline you have, you can show evidence that you applied and waiting court order in that matter. Along with that, you can provide an affidavit stating that the above mentioned procedure is taking place in court, and that you understand that you will never be able to sponsor your ex to canada. Simple. I understand it can be hard. I was fortunate enough to get divorce finalized within the provided timeline, but IRCC does consider the alternatives I mentioned. If its still not clear, please do ask and I am happy to help.

2- http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1145&top=29
Check this link. You do NOT need to show proof of funds if you are invited to apply under canadian experience class (CEC).
It says on this link that you can provide a letter of explanation mentioning that.
Good luck

 

[K0099]

My friend,

In my case, i have provided divorce deed which made by my lawyer. And, we put divorce application India.
Hearing process is still going on. Would Cic ask me for divorce certificate in that case. And if they ask what would be the solution.

 

[dr feras]

Update
Have been reading through old posts in other forums not to give you any wrong info. Like I said in my case I was able to get divorce finalized in time. Back then I researched a lot to see what are the requirements.
Now again back to those old posts, I can see that IRCC sometimes still asked people for the divorce certificate even when they provided legal separation agreement. Looks like it depends on officer discretion on whether or not he/she is satisfied enough by documents provided.
Is those few cases, what did the trick was giving evidence that they filed for divorce.
Did you do that by any chance?
Good luck

 

[Emma_voodle]

Update
Have been reading through old posts in other forums not to give you any wrong info. Like I said in my case I was able to get divorce finalized in time. Back then I researched a lot to see what are the requirements.
Now again back to those old posts, I can see that IRCC sometimes still asked people for the divorce certificate even when they provided legal separation agreement. Looks like it depends on officer discretion on whether or not he/she is satisfied enough by documents provided.
Is those few cases, what did the trick was giving evidence that they filed for divorce.
Did you do that by any chance?
Good luck

Thank you so much for taking the time to give this advice, it was tremendously helpful. As of right now, I do not have any proof of the fact we have applied for the separation, apart from the copy of the papers which we sent off, what exactly did you provide?

Also, do you know if it is a Canadian Affidavit I need to provide, or a UK one?

Thanks so much again!

 

[dr feras]

Thank you so much for taking the time to give this advice, it was tremendously helpful. As of right now, I do not have any proof of the fact we have applied for the separation, apart from the copy of the papers which we sent off, what exactly did you provide?

Also, do you know if it is a Canadian Affidavit I need to provide, or a UK one?

Thanks so much again!

My pleasure. So you do not have a receipt or anything showing court took your papers?
And apart from separation application, you havent applied for divorce?
And in regards to the affidavit, either is fine, canadian or british. You can go to the british embassy if its close to where you live in canada, they provide affidavit for british citizens. You can add in it besides what I mentioned that you applied for this and that, in case you do not have a proof other than copy of the papers you submitted like you said.
Just make sure its clear, and stress on the fact that you understand you will never be able to sponsor him to canada even in the event you were both back together. Provide them with whatever you have and hopefully things go ok.

In my case I was able to get divorce done before submitting my eAPR, so I uploaded a scan of the divorce certificate.

 

[Ru M1981]

Hi Guys,
I have received Additional Document requirements from CIC regarding my on-going divorce process. I had already submitted my divorce application and stated that the matter is in court, in a letter of explanation at time of submitting my application.

When i got the ADR request, i submitted an affidavit regarding the on-going divorce process. But still CIC was not happy with this document. The Officer has asked me to submit a copy of the court proceedings for the next date when the divorce case shall be taken up in court.

My question is, if the divorce is not finalised in the next date, will CIC consider my application or can it be rejected?

 

[vicky123456]

Hi Guys,
I have received Additional Document requirements from CIC regarding my on-going divorce process. I had already submitted my divorce application and stated that the matter is in court, in a letter of explanation at time of submitting my application.

When i got the ADR request, i submitted an affidavit regarding the on-going divorce process. But still CIC was not happy with this document. The Officer has asked me to submit a copy of the court proceedings for the next date when the divorce case shall be taken up in court.

My question is, if the divorce is not finalised in the next date, will CIC consider my application or can it be rejected?

Is yours contested or mutual divorce? If mutual, then you don't need to worry since judge will anyways give you divorce order in your next court date.

 

[RedDevil21]

Hi Guys,
I have received Additional Document requirements from CIC regarding my on-going divorce process. I had already submitted my divorce application and stated that the matter is in court, in a letter of explanation at time of submitting my application.

When i got the ADR request, i submitted an affidavit regarding the on-going divorce process. But still CIC was not happy with this document. The Officer has asked me to submit a copy of the court proceedings for the next date when the divorce case shall be taken up in court.

My question is, if the divorce is not finalised in the next date, will CIC consider my application or can it be rejected?

hi @Ru M1981, is there any updated requirement on your profile, did CIC ask for the final divorce decree before any decision can be rendered??

 

[Ru M1981]

hi @Ru M1981, is there any updated requirement on your profile, did CIC ask for the final divorce decree before any decision can be rendered??

Hi.
Yeah CIC asked me to upload all court proceedings within 1 week of appearance in court. I'm kinda of fed up with their logic.
My AOR is 27 June 2017 and as things are going, i don't see my PPR that soon...

 

[hamiltondreamer]

is your divorce contested ? How long has your case been?

 

[pritkumar08]

Hi.
Yeah CIC asked me to upload all court proceedings within 1 week of appearance in court. I'm kinda of fed up with their logic.
My AOR is 27 June 2017 and as things are going, i don't see my PPR that soon...

Hello Sir/Madam, did you receive any update on your application status ?

 

[cp1999]

My friend,

In my case, i have provided divorce deed which made by my lawyer. And, we put divorce application India.
Hearing process is still going on. Would Cic ask me for divorce certificate in that case. And if they ask what would be the solution.

Hello,
I have notarized divorce deed from india. Is it enough as proof of divorce or i need court divorce decree?

 

[enorita]

Hello everyone, I have a question about which option is the most appropriate to select in the case you have a pending divorce case in court and you are about to enter the pool. Is it Married, Seperated or Divorced? We have been separated and living apart.