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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
133
39
Vermont
Category........
FSW
NOC Code......
2121
AOR Received.
03-11-2017
Passport Req..
05-03-2018
VISA ISSUED...
04-04-21018
So what is the procedure that I should follow to see he doesn't go out of India before we getting divorce decree.
You can't stop him from leaving the country. Ongoing divorce petition does not incriminate the parties.
 

Zahra CA

Full Member
Oct 14, 2018
40
2
Hi,

I am on the same boat. I put legally separated on my status when I submitted my PR application. Now, CIC came back to me and is asking me to provide medical examination, police certificate, etc from my ex-spouse which is impossible as we are not in good terms. What I did was I applied for divorce and was signed by the judge and got stamped from the court as well. Do you think that this " filing of divorce" is enough to prove them that there is no chance of me and my ex-spouse on getting back together? I am afraid that CIC might ask for divorce certificate which of course will take time.
Could you please update us about your case did cic accept papers of your divorce process
 

Zahra CA

Full Member
Oct 14, 2018
40
2
H


Hi,

I have got similar mail from CIC asking me divorce certificate although I have mentioned as "legally separated" in my application. I have already given them all the documents and the affidavit also. Not sure what else should I provide them for such email ?

Did anyone got the PPR after submitting the affidavit only ? Please help.
Could you please update us about your case did cic accept your affidavit
 

Zahra CA

Full Member
Oct 14, 2018
40
2
I have not gone that far. As you can see in my signature, I just have received the ITA. Because of this issue, I hired an Immigration consultant. Not even an Indian firm, but a Canadian firm. Yes.. I have to pay a boat load of money.. But I do not want to take any chance. :(

So far, they tell me that my Court acknowledgement and Affidavit is sufficient. I really hope CIC will not ask for anything more.
Could you please update us about your case did cic accept your affidavit and court acknowledgement
 

Zahra CA

Full Member
Oct 14, 2018
40
2
hello

I want some suggestions from you. I am Feb 2018 AOR with legally separated from my Wife and the divorce case is still pending in india.

I got ADR for submitting divorce certificate and I have submitted the divorce petition to CiC.

I tried calling cic but haven’t got any reply from them for the next steps.

Kindly advise what should be done next.

Thanks
Could you please update us about your case did cic accept your divorce petition
 

Zahra CA

Full Member
Oct 14, 2018
40
2
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
Congratulations
Could you please give me the exact sample of affidavit that I can use it
 

Zahra CA

Full Member
Oct 14, 2018
40
2
1. What marital status did you choose while filling the form? - I applied as Legally Separated.
2. Did you submit any paperwork to show that Divorce was initiated or in the process? - Yes. We need to submit a copy of our Court case filing.
3. Did you only submit a Affidavit of separation like shown on this thread by jonnclk22 on Page 1? - I did submit a Separation Affidavit. If your question is about the template, then I did not use the one suggested by John. I used a pretty simple one which I myself wrote and got it notarized.
Could you please tell us what did you write exactly as I want to send an affidavit to cic as soon as possible
Thanks for sharing
 

vmanojk123

Full Member
Aug 3, 2018
37
1
Hi, can anyone help me out with family member question in ITA application. If your marital status is "legally separated" in the ITA application then what should you fill me "how many family members does xyz have? Should it be just 1 or 2 ? Should you include your spouse with whom you are legally separated and what is the count if there is a dependent child? Note: i am not sponsoring anyone except myself!!

Please help urgent!!
 

Kingharshal

Member
Jun 10, 2017
10
1
Hi, can anyone help me out with family member question in ITA application. If your marital status is "legally separated" in the ITA application then what should you fill me "how many family members does xyz have? Should it be just 1 or 2 ? Should you include your spouse with whom you are legally separated and what is the count if there is a dependent child? Note: i am not sponsoring anyone except myself!!

Please help urgent!!
Hi
1. You don’t have to count your spouse in your application as you have mentioned Legally seperated .

2. If you are applying just for yourself then the count is 1 . If you want the dependant child to come with you then the count is 2.
You have to count the number of people coming with you to Canada

There is a seperate question in the application where it is asking about your immediate family members . This is where you mention your mom dad bro sis ( people who are not accompying you to Canada but are your immediate family.

Hope this helps
 

KHALID100

Member
Jan 11, 2016
10
0
I have a question. I was legally married in the UK with Uzbek national and I am Pakistani citizens living in Pakistan now. I have no contact with her since last 5 years and she doesn't respond or communicate and there is no formal de divorce either. Marriage was registered in the UK. Could someone please help what legal documents should I present to prove my status as I have no contact with her.
 

AAlli

Newbie
Jan 2, 2019
9
0
Greetings:

Please I have an urgent enquiry.

I currently live in Canada and about to apply for my PR. I have been seperated from my wife for about 3 years now while I had been a student here (although there is not legal seperation document yet as she is unsure or unwilling to move to Canada).

Is it possible to state "Married", fill in "No" to the question of if my wife will accompany me but put in the paperwork WITHOUT her medicals and police report since she is unwilling at this time. Bottom line, I have a family but will apply for the PR alone.

Finally, will I be able to sponsor my wife and daughter at a later time IF we get on better terms?
 

Kingharshal

Member
Jun 10, 2017
10
1
Hi Ali,
The rules have been designed in such a way that people don’t misuse them by applying as single applicant while being married as this will score more points. Even if your problem is genuine you have following options as per my knowledge


Scenario A
Is it possible to state "Married", fill in "No" to the question of if my wife will accompany me but put in the paperwork WITHOUT her medicals and police report since she is unwilling at this time. Bottom line, I have a family but will apply for the PR alone.
In the above scenario she will have to give medicals and PCC even if she is not coming with you.

Scenario B
The only way you can apply individually without her medicals or PCC is if you file as Legally seperated and present a ceritified copy from court for divorce case filing.

Scenario C
Solve your issues first then file for PR and avoid the unnecessary Stress.

All the best



Greetings:

Please I have an urgent enquiry.

I currently live in Canada and about to apply for my PR. I have been seperated from my wife for about 3 years now while I had been a student here (although there is not legal seperation document yet as she is unsure or unwilling to move to Canada).

Is it possible to state "Married", fill in "No" to the question of if my wife will accompany me but put in the paperwork WITHOUT her medicals and police report since she is unwilling at this time. Bottom line, I have a family but will apply for the PR alone.

Finally, will I be able to sponsor my wife and daughter at a later time IF we get on better terms?
 
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stylequeen

Newbie
Jan 10, 2019
2
0
Hello all, I am in a similar situation. I have filed for a divorce and have a copy of the petition acknowledged by the court. I will do an affidavit of separation , anyone with a sample of how it should be worded should please assist, it will be highly appreciated. We have a child together so I beleive he needs to sign a consent form (IMM5604E)??. My ex is already a permanent resident already and currently resides in Canada while I live in another country with our child. Any advise on any other documents I may need to provide to aid my application?
 

ThenmozhiGv

Member
Dec 1, 2018
19
0
Hi,

I am on the same boat. I put legally separated on my status when I submitted my PR application. Now, CIC came back to me and is asking me to provide medical examination, police certificate, etc from my ex-spouse which is impossible as we are not in good terms. What I did was I applied for divorce and was signed by the judge and got stamped from the court as well. Do you think that this " filing of divorce" is enough to prove them that there is no chance of me and my ex-spouse on getting back together? I am afraid that CIC might ask for divorce certificate which of course will take time.
I am also on the same boat, I am going to apply for divorce, I have not yet entered in to the pool. Should I wait until I get the divorce or shall I start the process right away? Please help, Thanks in advance.