Request for divorce certificate

[Winter27996]

Hi there! I applied under CEC in February this year, and just received a request for further documents. They requested a divorce certificate, however I am not divorced, simply legally separated, and have been for over 2 years. My ex husband is Canadian, and is refusing to be compliant in the divorce proceedings, as he hopes that it will affect my application for residency.

What do I do in this case???

 

[Gurindar]

I am not that experienced for this scenario , but when you say legally separated , Do you have any legal document to prove it ? You can use that to prove that you have separated .

Seniors please advice

 

[Winter27996]

He moved to another province. And My taxes were filed as Separated, not married. But apart from that there are no legal documents regarding separation. You are considered legally separated when you have been living apart for a certain amount of time. So unfortunately there are no legal documents to state this, just supporting documents.

 

[Gurindar]

Why don't you take advice from Lawyer if Possible ?

 

[Winter27996]

Because I can't afford a lawyer, unfortunately.

 

[Gurindar]

Request Seniors , To provide Guidance to the Lady Please .

 

[Winter27996]

I have been reading some older posts on here about people in the same situation, and they have been somewhat helpful. I think I will reply to the emil and state that I don't have a divorce certificate, as I am not divorced. I am not including him on my aplication, and I will never need to sponsor him for residency, as he is a Canadian citizen. And I will provide all the information I can to support this.

But I would still like to hear from the seniors here as to how they think I should respond, and what they suggest I do

 

[maniac2403]

Hi there! I applied under CEC in February this year, and just received a request for further documents. They requested a divorce certificate, however I am not divorced, simply legally separated, and have been for over 2 years. My ex husband is Canadian, and is refusing to be compliant in the divorce proceedings, as he hopes that it will affect my application for residency.

What do I do in this case???

I recommend that you submit a explanation letter and show proof of separate living residence for you. Proof can be rent receipts in your name, utilities etc. In addition, if you have already started divorce proceedings, provide proof of that. They need a signed affidavit from you stating that your are separated and he will not be part of your application for the PR.

 

[Winter27996]

I am going to sound stupid.... but I will ask anyway..... lol...... how does one get an affidavit? I have never had to do this before, and I know that I sound silly, but I have to ask

 

[maniac2403]

I am going to sound stupid.... but I will ask anyway..... lol...... how does one get an affidavit? I have never had to do this before, and I know that I sound silly, but I have to ask

Affidavit is simply a signed statement by you.

 

[Winter27996]

Do I need to get it notarized by an official?

 

[iamitguy]

Are you legally separated ( any paperwork through Lawyer)???

If you are separated from 2 yrs. You are still Married. Separation does not mean divorce. Separation only helps in applying for divorce.
You have to prove them that you are separated from 2 years.

I will recommend go for lawyer and ask what you need.
Estimated charges: Separation papers from lawyers around $200-500.
Notarized Affidavit: $50-100

 

[Winter27996]

I am aware that legal separation does not mean divorce. I did not select divorced. I selected legally separated. I have no 'legal paperwork'. You do not need to 'file' for legal separation, you just need to be able to prove it to be granted a divorce.

I can't afford a lawyer, but I will draft up an affidavit and pay to get it notarized.

However, I still want to make sure this is the best option.

Here are the facts, for those who can help

*I filed under CEC as legally separated.

*I did not include any of my former spouses details, except his name and date of birth where requested.

*He is not included on my application.

*I do not intend to sponsor him for residency at any stage (Which s a moot point, as he was born a Canadian citizen)

*I have no legal paperwork, as I am not divorced.

*I can provide evidence that we are separated, such as my residential lease, bills, etc.


What I want to know is why they are asking for a divorce certificate when I did not list myself as divorced.............. has anyone else experienced this?

 

[find_anand]

What I want to know is why they are asking for a divorce certificate when I did not list myself as divorced That's tricky Q.............. has anyone else experienced this?

 

[jes_ON]

I think I will reply to the emil and state that I don't have a divorce certificate, as I am not divorced. I am not including him on my aplication, and I will never need to sponsor him for residency, as he is a Canadian citizen. And I will provide all the information I can to support this.

I think that's probably why they're asking for the divorce cert. So, by any chance can you prove he's Canadian? (Photocopy of birth certificate, passport? Passport number?) Also provide his current address/contact information...

An affidavit is a sworn statement, which means yes, it must be legalized (notarized) - signature must be witnessed by a notary/commissioner of oaths... But if you can provide proof of his Canadian citizenship, I think the issue will go away...