Hi, an affidavit of separation alone will not work in this situation. CIC will come back asking u for divorce certificate. What u can do is go to a good lawyer, check out what options lay in front of u for filing a contested divorce. Since ur wife is not willing to cooperate then mutual consent is out of the picture. Once u have filed an original petition, u & ur lawyer can approach the judge and request him to give u a letter from the court stating that divorce case with original petition no. xxxxxx is pending in that family court.
U can upload this court document, divorce petition document, affidavit of separation, letter of explanation to cic.
This will help u out for the time being, on a later stage of the CIC process, if CIC requests for more documents or a divorce certificate, u can request the judge to issue case summary report. Once u go thru all this remember that u will never be able to sponsor ur current wife to Canada should you guys later on choose to live together before the divorce and after ur ppr is issued.
are you direct EE applicant or PNP? what you have mentioned your marital status? married/divorcee/legally separated ?Greetings:
Thank you very much for your helpful responses so far.
At the time I was applying for my PR as a single applicant (daughter and her mum will not be joining me in Canada but they I submitted their medicals and police reports), I was asked “will your family be accompanying you” and I responded with a “NO”. At the point of submission, I had to increase the proof of funds to cover a family of three even though I had given these responses. I then successfully submitted my application.
Although I included evidence of POF for just me since I am a single applicant, I explained in a letter that I had to increase the funds since I was unable to submit but emphasised again that they will not be accompanying me and I am applying alone.
I called the IRCC and was told that my application was ineligible though I could hear from them in a few months (I had ordered GCMS notes due in weeks). The agent was not able to tell me specifics other than that.
Has this ever happened to anyone?
If indeed it is inadequate funds/Proof of funds, should I have included funds for three even though I am applying alone? I assumed my letter explaining was clear enough but could this have been missed? Would the GCMS notes possibly state that I should have done this so I can rectify (I would not want to show increased POF on the basis of an assumption).
Thank you very much for your help so far.
hi...mehulcHI I have same situation here, I was married in Nov,2017, but divorced from Mutual contenst by lawyer not through court by Hindu act after one month, I have also applied Sponsership for my current wife, CIC asking to put Divorce Petition, Divorce Judgement and Decree of Divorce from a competent court of law for your previous marriage, But i have provided affidative Divorce certificate, should i petition my previous marriage in court and get Divorce Decree , and how it will take time , can you please advice in this case?
How long after you submitted the affidavit, did you get your PPR?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.