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SaiVr

Member
Nov 17, 2019
14
0
What documents do I have to produce for marital status as legally separated...in my case the divorce case is initiated in India a year ago and is still under process with back and forth notices. We have been separated since a year and half, please provide suggestions on what documents to submit to CIC for clearance
 

SaiVr

Member
Nov 17, 2019
14
0
My case is in process in India court. Can I get affidavit from Canada as I'm present here , or should I get the legal separation document only from India as my case is under process in India
 

dotslash227

Champion Member
Apr 28, 2019
1,846
365
My case is in process in India court. Can I get affidavit from Canada as I'm present here , or should I get the legal separation document only from India as my case is under process in India
You need to get legal seperation documents where the case is being processed, how is a different jurisdiction supposed to verify and issue affidavits about your ongoing cases in a different sovereign country?

Also, you don't need extra documents for legal seperation. As soon as you file for divorce, even if the case is pending, you are considered seperated and can claim to be single (and seperated).
 

SaiVr

Member
Nov 17, 2019
14
0
As I'm staying here in Canada, inorder to get document from India I need to be present personally for the notary to issue affidavit and sign in front of him at the time of issue or otherwise they will not issue. That is the reason I was checking if I could get my legal separation affidavit from a notary here in Canada .
Also I'm I allowed to select marital status Single in my Express entry profile? As I'm sure that I will be divorced in few months or does it need to be only legally seperated until I get the divorce .
 

dotslash227

Champion Member
Apr 28, 2019
1,846
365
As I'm staying here in Canada, inorder to get document from India I need to be present personally for the notary to issue affidavit and sign in front of him at the time of issue or otherwise they will not issue. That is the reason I was checking if I could get my legal separation affidavit from a notary here in Canada .
Also I'm I allowed to select marital status Single in my Express entry profile? As I'm sure that I will be divorced in few months or does it need to be only legally seperated until I get the divorce .
You can claim to be seperated, and claim points as if you were single, if your case is ongoing, but cannot claim to be divorced unless there are documents that suggests that.

You don't need a Canadian document or an Indian affidavit to claim legal seperation if you have the documents that suggests that you have filed for a divorce in India and the case is ongoing.
 

SaiVr

Member
Nov 17, 2019
14
0
Should I select marital status as Single or Legally seperated.

As my case is ongoing in India now which type of document should I produce to CIC. In my case he has applied for divorce in India 1 year back asking for divorce and since then my lawyer have attended the court on my behalf, as ex party hasn't appeared in the court for the hearing, the case was postponed to January so is it enough if I produce the PETITION document
that he applied for divorce and the NOTICE document that I need to appear for hearing in court - are these two documents enough to produce to CIC stating my case is still under process
 

dotslash227

Champion Member
Apr 28, 2019
1,846
365
Should I select marital status as Single or Legally seperated.

As my case is ongoing in India now which type of document should I produce to CIC. In my case he has applied for divorce in India 1 year back asking for divorce and since then my lawyer have attended the court on my behalf, as ex party hasn't appeared in the court for the hearing, the case was postponed to January so is it enough if I produce the PETITION document
that he applied for divorce and the NOTICE document that I need to appear for hearing in court - are these two documents enough to produce to CIC stating my case is still under process
You should consult your lawyers for what documents you can submit.
 

SaiVr

Member
Nov 17, 2019
14
0
PCC does not contain the marital status of the person.
PCC has marital status if u select married it will print w/o so and so on the document, if you select seperated it will issue as D/O. So and so, so I was confused which status to select as I'm submitting my documents in ITA with legally seperated status