Separated from wife but no divorce. CIC asked for divorce certificate. What should I do?

[theoldsoul]

My comment would indeed be that if living together four years, applying as common law would be the safer route. IRCC does not - to my knowledge - deny applications for couples that (arguably or disputedly) are married and apply as common law; I'm more certain in saying that IRCC does deny those who apply as married and do not appear to have a valid marriage.

Further, as @Kaibigan noted above, the current marriage is almost certainly (in my opinion) invalid and won't be recognized under Canadian law. BUT: I've never heard of someone being 'punished' for being in a marriage that technically is bigamous but was carried out in good faith while abroad, such marriages are simply not recognized. That doesn't mean the common law part won't be recognized.

So: my suggestion would be to apply as common law, provide all info about the previous marriage, and explicitly note that it was considered legal and valid in India, but you are applying as common law. You can even say you are applying as common law BECAUSE you heard that it might not be recognized as a valid marraige in Canada - there's no downside I can see to being open about that.

If you're still uncertain: sure, see a lawyer who knows about Canadian immigration law. But I'd repeat that I don't really see any downside to applying as common law - to the extent I'd even be a bit skeptical about a lawyer who actively counselled against that.

Thanks a lot for your reply and guidance sir . I will login to my ircc account and will change the martial status from married to common law . I will also write a letter of explanation that why i am changing my martial status as you guided me . Both you and kaibigan have been extremely kind and helpful.
Please let me know if any of you can guide more about this situation.
Thank you both of you .

 

[armoured]

Thanks a lot for your reply and guidance sir . I will login to my ircc account and will change the martial status from married to common law . I will also write a letter of explanation that why i am changing my martial status as you guided me . Both you and kaibigan have been extremely kind and helpful.
Please let me know if any of you can guide more about this situation.
Thank you both of you .

Good luck. One small note, I know nothing about the ITA / express entry process and whether changing marital status in this way during the process causes any problems. I don't see why it would but just don't know.

 

[Guri6060]

Thia happened in india and we are still in india . The marriage registrar has registered our marriage and even on passports we have each others name as spouse . The Indian authorities consider out marriage legal. Will ircc consider it .

Hello,

you no need to worry for that,
This is acceptable for IRCC if you got married during your mutual divorce application is in process. Make sure in Mutual divorce and other party does not have any problem.

Even IRCC does not deny any country’s court decision.
Special In India- you can declare yours cooling period of divorce application.
Cooling period given by India court to reconcile marriage relation.
During this cooling period, you can marriage.

dont waste money to any lawyer or consultant.
I am totally sure for yours situation.
Hope this will help.

 

[armoured]

This is acceptable for IRCC if you got married during your mutual divorce application is in process. Make sure in Mutual divorce and other party does not have any problem.

Even IRCC does not deny any country’s court decision.
Special In India- you can declare yours cooling period of divorce application.
Cooling period given by India court to reconcile marriage relation.
During this cooling period, you can marriage.

I am not sufficiently aware of the Indian legal system when it comes to deciding what constitutes a divorce (which, in countries that don't allow polygamy, is typically required for one to remarry). You are basically claiming that this 'separation plus affidavit' is sufficient to constitute a divorce for purposes of remarriage. Bluntly, sounds odd to me, but again - don't know Indian law.

What I do know is:
-IRCC certainly can and sometimes does deny another country's marriage/divorce and related civil procedures, even though it is relatively rare. It's sufficient to look at how IRCC will not recognize a marriage by proxy to understand that.
-IRCC does allow a couple that is already (arguably) married to apply as common law and there is (as far as I'm aware) zero downside to doing so.

Therefore on the balance of probabilities, I would say it makes more sense to apply as common law in this case unless one is 100% certain that the recognition of marriage is not an issue - and I do not have such certainty. (And note: even if one is 100% certain, that only reduces the disadvantage of applying as married to nil, it doesn't improve one's chances).*

Up to the person applying, in the end. I will grant that if you are correct that this is a recognized procedure, and considered akin to divorce under Indian law, the IRCC offices in India will probably be aware of it and likely will work out in the end. (Although note, getting one's file sent to eg Delhi for processing could, in theory, be slower, which would happen if eg a low-level analyst is not aware of the situation)

*I should note that this is not generalized advice of mine, but specific to this situation: I am generally a strong advocate (in an immigration context) of applying for spousal sponsorship as married instead of common law where feasible. But facts and context matter.

 

[Jaspreet1516]

Hii

when i submitted application that time i declared that we are separate but not divorced yet.

then i got request
Revised IMM 0008

SPOUSE
- Schedule A
- IMM 5406

then i replied, in June 20223.

fortunately got PAL and few days later,
Request for divorce certificate

I replied that my divorce app in process courthouse. Gave me deadline 26-01-2024

I submitted court application no. And draft agreement submitted to court.

officer gave me 60 days more. Till April 2024

Hi, i got divorce certificate request On Nov 20, 2023 and submitted legal separation agreement along with explanation that i have to wait till Feb 12th 2024 to fill final divorce. Afterthat, i didn't get any reply from IRCC and ordered gcms notes. I got gcms notes yesterday and got to know that ircc put my application on hold and waiting for divorce certificate.

Last week, i completed final filling of divorce and now waiting for court decision. court processing time is 4-6 months. Should i inform IRCC about final filling of Divorce?

 

[sabensaid92]

Thanks guys for this thread. I'm in the same boat actually.
I filed my PR application as Legally separated. I've been living alone quite some time.
So when I filed my EE application, I mentioned that I'm legally separated ( There was no way to communicate with my ex husband so no way to sign any paper or agreement of separation) And thanks to his thread I added a LOE with the following:

1. Certificate of my Attorney that he's representing my in the divorce case and that's ongoing
2. Affidavit of separation and no future sponsoring into Canada ( I took one of the sample models in this thread )

Days goes by, Medical passed, Bio completed, Eligibility completed... at this point I thought great, if Eligibility is completed so they saw my explanation for the on going divorce and it should be ok! well boy I was wrong.... I got an ADR asking for divorce certificate. Reached out to my divorce lawyer and told me that they have a first date of court appearance in 2025 (things in this country run very very veeeeeerry slow) but nothing else. I told the attorney to send it to my in writing. I called IRCC for additional information how to answer to this ADR, they told me to just gather all document and explanation I have with an LOE. And I did just that: Explanation letter, email from attorney with a court appearance date etc. etc. Few days later another ADR, asking AGAIN for divorce certificate. I'm flabbergasted at this point.

Thankfully I've ordered before my GCMS notes. and I could see that the officer stated in my family composition that I'm Separated, He saw my documents as he has put the name of the file between brackets, and at the end of his notes he writes: Selection Criteria Met. A1 1.2 Met Selection EE Econ -PASSED Pending Divorce Certificate. (the GCMS notes were issued before the 2nd ADR )

I called again IRCC, they have told me that it may be a glitch, they left a note to the officer to review again the documents I've submitted in response to the first ADR (IRCC confirmed me later that the note has been viewed by the office) , and I was instructed to resubmit again the same document. Which I did with another LOE.

So guys, do you have any thoughts about this? what can I add as documents to prove my actual status as "Separated" and to successfully convince my case officer?
I was thinking about sending a webform with rent receipts, change of address, utility bills etc. to prove I'm living alone and away from my ex...
For any details about my timeline please check my signature

Thankyou very much in advance for your help!

 

[cvuser09]

Thanks guys for this thread. I'm in the same boat actually.
I filed my PR application as Legally separated. I've been living alone quite some time.
So when I filed my EE application, I mentioned that I'm legally separated ( There was no way to communicate with my ex husband so no way to sign any paper or agreement of separation) And thanks to his thread I added a LOE with the following:

1. Certificate of my Attorney that he's representing my in the divorce case and that's ongoing
2. Affidavit of separation and no future sponsoring into Canada ( I took one of the sample models in this thread )

Days goes by, Medical passed, Bio completed, Eligibility completed... at this point I thought great, if Eligibility is completed so they saw my explanation for the on going divorce and it should be ok! well boy I was wrong.... I got an ADR asking for divorce certificate. Reached out to my divorce lawyer and told me that they have a first date of court appearance in 2025 (things in this country run very very veeeeeerry slow) but nothing else. I told the attorney to send it to my in writing. I called IRCC for additional information how to answer to this ADR, they told me to just gather all document and explanation I have with an LOE. And I did just that: Explanation letter, email from attorney with a court appearance date etc. etc. Few days later another ADR, asking AGAIN for divorce certificate. I'm flabbergasted at this point.

Thankfully I've ordered before my GCMS notes. and I could see that the officer stated in my family composition that I'm Separated, He saw my documents as he has put the name of the file between brackets, and at the end of his notes he writes: Selection Criteria Met. A1 1.2 Met Selection EE Econ -PASSED Pending Divorce Certificate. (the GCMS notes were issued before the 2nd ADR )

I called again IRCC, they have told me that it may be a glitch, they left a note to the officer to review again the documents I've submitted in response to the first ADR (IRCC confirmed me later that the note has been viewed by the office) , and I was instructed to resubmit again the same document. Which I did with another LOE.

So guys, do you have any thoughts about this? what can I add as documents to prove my actual status as "Separated" and to successfully convince my case officer?
I was thinking about sending a webform with rent receipts, change of address, utility bills etc. to prove I'm living alone and away from my ex...
For any details about my timeline please check my signature

Thankyou very much in advance for your help!

there is no clear way to get out of this situation, is there? I am about to file my PR. PNP is in process. I did talk to a RCIC and he suggested to file divorce in Canada since Canadian Courts only require one year of living separately (even if under the same roof) to file divorce. That may take 3-4 months to complete and get the divorce certificate, given that spouse doesn’t contest it. I did not jump ship because it might be very expensive if by chance spouse contests it.

But if you feel confident, this would be quicker. Might cost 3-5k.

 

[sabensaid92]

there is no clear way to get out of this situation, is there? I am about to file my PR. PNP is in process. I did talk to a RCIC and he suggested to file divorce in Canada since Canadian Courts only require one year of living separately (even if under the same roof) to file divorce. That may take 3-4 months to complete and get the divorce certificate, given that spouse doesn’t contest it. I did not jump ship because it might be very expensive if by chance spouse contests it.

But if you feel confident, this would be quicker. Might cost 3-5k.

Yeah right? I don't know what else I can do. Unfortunately I'm outside Canada so this option does not work for me.

 

[Jaspreet1516]

Thanks guys for this thread. I'm in the same boat actually.
I filed my PR application as Legally separated. I've been living alone quite some time.
So when I filed my EE application, I mentioned that I'm legally separated ( There was no way to communicate with my ex husband so no way to sign any paper or agreement of separation) And thanks to his thread I added a LOE with the following:

1. Certificate of my Attorney that he's representing my in the divorce case and that's ongoing
2. Affidavit of separation and no future sponsoring into Canada ( I took one of the sample models in this thread )

Days goes by, Medical passed, Bio completed, Eligibility completed... at this point I thought great, if Eligibility is completed so they saw my explanation for the on going divorce and it should be ok! well boy I was wrong.... I got an ADR asking for divorce certificate. Reached out to my divorce lawyer and told me that they have a first date of court appearance in 2025 (things in this country run very very veeeeeerry slow) but nothing else. I told the attorney to send it to my in writing. I called IRCC for additional information how to answer to this ADR, they told me to just gather all document and explanation I have with an LOE. And I did just that: Explanation letter, email from attorney with a court appearance date etc. etc. Few days later another ADR, asking AGAIN for divorce certificate. I'm flabbergasted at this point.

Thankfully I've ordered before my GCMS notes. and I could see that the officer stated in my family composition that I'm Separated, He saw my documents as he has put the name of the file between brackets, and at the end of his notes he writes: Selection Criteria Met. A1 1.2 Met Selection EE Econ -PASSED Pending Divorce Certificate. (the GCMS notes were issued before the 2nd ADR )

I called again IRCC, they have told me that it may be a glitch, they left a note to the officer to review again the documents I've submitted in response to the first ADR (IRCC confirmed me later that the note has been viewed by the office) , and I was instructed to resubmit again the same document. Which I did with another LOE.

So guys, do you have any thoughts about this? what can I add as documents to prove my actual status as "Separated" and to successfully convince my case officer?
I was thinking about sending a webform with rent receipts, change of address, utility bills etc. to prove I'm living alone and away from my ex...
For any details about my timeline please check my signature

Thankyou very much in advance for your help!

Hi, i am in same situation .
I got ADR for divorce certificate. I submitted same documents to prove seperation but didnt get any rply back. After 2 months, i ordered gcms notes. As per Gcms notes, officer put my file on hold and pending divorce certificate.
Last week I completed final filling of divorce and submitted that copy to Ircc along with affidavit explaining everything.
However, my file status is still on hold.

 

[demifier]

Hi, i am in same situation .
I got ADR for divorce certificate. I submitted same documents to prove seperation but didnt get any rply back. After 2 months, i ordered gcms notes. As per Gcms notes, officer put my file on hold and pending divorce certificate.
Last week I completed final filling of divorce and submitted that copy to Ircc along with affidavit explaining everything.
However, my file status is still on hold.

Any update on your application ?
Are you an inland applicant or outland ?

 

[Jaspreet1516]

Any update on your application ?
Are you an inland applicant or outland ?

Hi, i am inland applicant. Court granted my divorce on March 20th and i will get divorce certificate on April 22nd. Once i’ll get divorce certificate, I’ll update IRCC.
If i get any update after that, will let you know.

 

[Jaspreet1516]

Hey Jaspreet, please let me know if and your spouse living in Canada. My lawyer told me it will take 10-12 months as my spouse not here, he went back

Hi, yes my spouse is in Canada. I filled divorce on Feb 16th and got court order on March 20th.