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

jonnclk22

Star Member
Oct 20, 2017
179
57
Ghana
Category........
VISIT
Visa Office......
Nairobi
AOR Received.
01-01-2013
Passport Req..
01-01-2014
VISA ISSUED...
01-04-21014
No no Im legally separated with my partner, i.e we have already filed for divorce.
So in that case, I will select legally separated and "NO" in previous marriage/cl relationship I believe.

Also, just needed an advice: my marriage was never registered i.e just a religious ceremony and also it hardly lasted for a month and we have been separate for more than an year since. So can I simply avoid these hassles and declare myself as 'Single'?? Because for a married couple, marriage certificate is mandatory as per their requirement
That may be true, however; it may be construed as misrepresentation, if found. In india, a Hindu marriage ceremony is just as valid with or without legal registration.
 

jonnclk22

Star Member
Oct 20, 2017
179
57
Ghana
Category........
VISIT
Visa Office......
Nairobi
AOR Received.
01-01-2013
Passport Req..
01-01-2014
VISA ISSUED...
01-04-21014
Just affidavit good enough am I aright ?
and fee slip of what ?

I'm in the same boat.

Any suggestion will be much appreciated
Affidavit is good along with some proof that you've taken legal action to begin legal separation / divorce.
 

cp1999

Full Member
Mar 13, 2019
23
3
INDIA
Category........
FSW
NOC Code......
2174
Hello,

I am an indian. I have 100 inr stamp paper notarized customary divorce deed.
will it be enough to prove that i am divorced?
 

mvneema10

Hero Member
Oct 21, 2019
646
71
Affidavit is good along with some proof that you've taken legal action to begin legal separation / divorce.
Hi @jonnclk22
In my PR application, under section my martial status I have mentioned 'Legally separated' and my divorce is still undergoing.
For the question :
Has xxxx been previously married or in a common-law relationship ?
1) should I select Yes or No?

If I should select Yes, there are several questions popping up. I have concerns on 2 questions that pop-up (below)
1. 'Date previous marriage or common-law relationship ended?'
2. 'How did this relationship end?' with choices (Annulment, Divorce, Death of partner, Ended the common-law relationship)

Since our divorce is still in process, I don't have relationship end date as I am not yet divorced yet and have no answer to select for the question 'How did this relationship end'.

Please advise what I should answer in this section. Thanks in advance.
 

mvneema10

Hero Member
Oct 21, 2019
646
71
Guys,

I have already written on this thread that I have been going through a Divorce in India and sadly it is not moving as swiftly as I would like. I was very much scared if this will affect my PR application.

But guess what.. I have got my PPR. Hence, having your divorce underway and NOT having a Divorce decree while applying for PR, does not affect your application.

Along with my eAPR, I did sumit Seperation Affidavit stating that I am unable to submit my Ex's Medical and PCC and that I never intend to reconcile with her, nor willing to take her to Canada. I did not wait for CIC to come back to me with questions.

Luckily, they did not ask anything more on my marital status issue.

I wish you all the best.

Mathan
In my PR application, under section my martial status I have mentioned 'Legally separated' and my divorce is still undergoing.
For the question :
Has xxxx been previously married or in a common-law relationship ?
1) should I select Yes or No?

If I should select Yes, there are several questions popping up. I have concerns on 2 questions that pop-up (below)
1. 'Date previous marriage or common-law relationship ended?'
2. 'How did this relationship end?' with choices (Annulment, Divorce, Death of partner, Ended the common-law relationship)

Since our divorce is still in process, I don't have relationship end date as I am not yet divorced yet and have no answer to select for the question 'How did this relationship end'.

Please advise what I should answer in this section. Thanks in advance.
 

abmontelongo

Member
Jan 18, 2021
13
2
Hi @jonnclk22
In my PR application, under section my martial status I have mentioned 'Legally separated' and my divorce is still undergoing.
For the question :
Has xxxx been previously married or in a common-law relationship ?
1) should I select Yes or No?

If I should select Yes, there are several questions popping up. I have concerns on 2 questions that pop-up (below)
1. 'Date previous marriage or common-law relationship ended?'
2. 'How did this relationship end?' with choices (Annulment, Divorce, Death of partner, Ended the common-law relationship)

Since our divorce is still in process, I don't have relationship end date as I am not yet divorced yet and have no answer to select for the question 'How did this relationship end'.

Please advise what I should answer in this section. Thanks in advance.
hi , excuse

what's mean eAPR, and what do i choose if i still married but separated in the question
Has xxxx been previously married or in a common-law relationship ?
1) should I select Yes or No?


Thanks in advance
 

mvneema10

Hero Member
Oct 21, 2019
646
71
hi , excuse

what's mean eAPR, and what do i choose if i still married but separated in the question
Has xxxx been previously married or in a common-law relationship ?
1) should I select Yes or No?


Thanks in advance
Hi eAPR is electronic application for permanent resident.
For your question above, as per expert's advice, the question states any other previous marriage other than current one. If you were previously married apart from this current one then yes else no.
 

LuXar

Hero Member
Mar 13, 2018
236
46
Affidavit is good along with some proof that you've taken legal action to begin legal separation / divorce.
Alright brother But I am trying to get it done mutually so for legal action it might take little while.
Any of you just submitted Affidavit and got their PR ?

Please let me know this will give me little relief.
 

Rose_love

Newbie
Oct 5, 2018
7
0
Hi I come to canada on 2019 on student visa, i was married my husband applied one sided divorce and on 16 Nov 2019 divorced approved , i got my diovorecd paper in 2020 i wanted to update my passport (as i have my husband name on my passport) , but due to covid i was not able to do that , Now i applied my Post study work permit , i have attached my divorce documents also , i want to know will cic accept that? or they will create problem.
Thank you
 

Kay2018

Hero Member
Jan 11, 2018
549
87
Newfoundland and Labrador
Category........
WP
NOC Code......
4161
Job Offer........
Yes
App. Filed.......
09-03-2021
Hi I come to canada on 2019 on student visa, i was married my husband applied one sided divorce and on 16 Nov 2019 divorced approved , i got my diovorecd paper in 2020 i wanted to update my passport (as i have my husband name on my passport) , but due to covid i was not able to do that , Now i applied my Post study work permit , i have attached my divorce documents also , i want to know will cic accept that? or they will create problem.
Thank you
yes absolutely
 

Shaanoh

Hero Member
Nov 2, 2018
285
248
Been following this thread for long time and I am in similar situation like others. I have submitted my PR application on DEC 07th and waiting on batted breath about the result.

Applied as Legally Separated
Documents Submitted :
Court Petition of filling Divorce
Docket Number for reference
Legal Notice sent an year ago
Affidavit of separation ( Mentioning will not sponsor spouse to Canada)

Since the divorce case is ongoing and that too in India, its gonna take long time to process. We can hope that CIC is satisfied with the documentation provided that we are indeed separated and the reconciliation will not happen.

Last time when I called on Feb, I was Eligibility was met and Criminality is passed which is a good sign. Hoping for best.

@ds1010 - Please let us know what documents were submitted from your end and how long it took to get PPR from your AOR.

Thanks
Shan
Finally, after a great struggle got the PPR on 2nd Feb. A big relief.

Thanks everyone who asssisted me here.

Thx
Shan
 

Anirudh1984

Newbie
Feb 11, 2021
6
0
Hi there,
I got married on June 30th,2020 and separated from my wife on october 20, 2020. We havent even registered the marriage yet. While submitting the express entry profile I had mentioned my status as "legally separated" . Now I have received an admit from UBC, Vancouver for an MBA. While applying for the student visa , what should I mention? I do not have any legal documents for separation neither have i filed for a divorce yet. She might want to foil my plans of going to canada. What should I do ? Will I be needing her signature for the student visa ?
 

cp1999

Full Member
Mar 13, 2019
23
3
INDIA
Category........
FSW
NOC Code......
2174
Hi there,
I got married on June 30th,2020 and separated from my wife on october 20, 2020. We havent even registered the marriage yet. While submitting the express entry profile I had mentioned my status as "legally separated" . Now I have received an admit from UBC, Vancouver for an MBA. While applying for the student visa , what should I mention? I do not have any legal documents for separation neither have i filed for a divorce yet. She might want to foil my plans of going to canada. What should I do ? Will I be needing her signature for the student visa ?
Hello Anirudh,


Even if you don't register your marriage, you are married at the moment(Marriage photos, videos, invitation cards and testimony of hundreds of people), unless you have a court order/divorce deed that proves it otherwise. Even if you go to canada with single status, your "wife" will eventually find out(It's not about how, but it's about when), also there is a chance she may need a court order as well in future or you may need it in future as well. (You know for remarriage).

I advise you to talk with a good lawyer before going ahead with your application.
By the way, i have heard few cases where they only provided the filed divorce case number and an affidavit and got their pr.

Good Luck.