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

spirit.varun

Star Member
Nov 27, 2018
178
11
35
Friends,

Checking if previous divorce (no kids) has to be mentioned in CIC EE application, I have been re-married since and have a infant daughter now,.
 

meenakumari

Newbie
May 10, 2019
4
1
I came here to Canada on study permit I completed my course I got post graduation work permit
I was married in India before applying for study visa
Now I want to apply for pr but my husband wants me to settle in India so we decided to get separated .
But now he is not ready to give me divorce my lawyer has filed one sided divorce in Indian court but he wants to be with me in India not in Canada and I want to settle in Canada he is not ready to give me divorce.
Without divorce certificate will I be able to become a permanent resident.
And in my application do I mention his details as dependant or legally separated.
What do I do please help.
 
Last edited:

myrapiku

Full Member
Feb 11, 2017
24
8
I have a question regarding the same situation.
Legally separated (divorce case pending at the Indian family court).
The people who got their ITA or PPR;...
Could you please confirm if you provided details about your spouse as a family member in your e-APR?

Thanks
 

mehulc

Member
Jan 10, 2016
14
0
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.


HI 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?
 

Question Bank

Newbie
Jun 17, 2019
2
0
Hi
I have received notification of interest from Ontario on June 1. I have a query regarding the application submission on OINP portal.
I recently got divorced and have not yet received a divorce decree from the court. It will likely take a couple of months to receive the decree. I do not have any documented proof from the Court as yet. Now, while I have stated my marital status as 'Divorced', the challenge is that my passport has my spouse's name. I cannot get my passport reissued till I receive my divorce decree. Would the spouse name in passport be a problem at this stage? Will Ontario progress with the processing of my PNP application or will they ask for a reissued passport without my spouse name?

Which one of the following should I do in this case -
1. Explain the discrepancy in a letter of explanation while submitting the application
2. Explain the discrepancy in a letter of explanation while submitting the application. Submit a notarised affidavit along with it.
3. Submit my application and not mention anything as the spouse name in passport is not important

Thanks for your help.
 

AAlli

Newbie
Jan 2, 2019
9
0
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.


Best,
 

kushsunny

Full Member
Mar 14, 2018
49
0
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.


Best,
are you direct EE applicant or PNP? what you have mentioned your marital status? married/divorcee/legally separated ?
 

Humanta

Newbie
Aug 13, 2019
1
0
I have applied for PR and I am divorced as i am a Muslim so my divorced is not held in the court what kind of proof will cic approve as separation certificate?
 

PREMHM04

Newbie
Apr 10, 2019
1
0
HI 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?
hi...mehulc
i have the same situation like yours. did you get a help??
i have also sponsored my current wife , cic asking for divorce certi or decree from the previous marriage which i dont have. what would be the appropriate steps to deal with such a matter??
please reply
Anybody who can help me please reply
 

Serenity.18

Newbie
Sep 5, 2019
3
0
Hi,

I have applied aswel and i am at an initial stage but the problem I am facing is that my husband is not even ready to consider Medical and PCC but also divorce.
He is not in contact with me and we have separated our ways since 2-3 months now.
In India there is no such document as a legally separation document.
To apply for a mutual consent divorce,, 1 year of separation period needs to be completed. - According to Hindu marriage Act. It has been just 3 months that we are separated and I will get an invite soon.
Problem here is that my husband doesn't respond to any of my request for divorce or medical and PCC.
Normal divorce procedure takes approximately one to one and a half years in India.
I don't want to miss out on the opportunity because of this.
An affidavit from my end stating that "my husband is not supportive at all and I won't be sponsoring him to Canada ever in future" is enough or I need to have the divorce decree ?
He is not at all in touch with me and notresponding to any of my requests for divorce aswel, I can't apply for divorce on my own.
Will the affidavit be enough ? I don't want my procedure to be on hold untill I get the divorce certificate because my husband would never respond to that too.
Please help me out in this situation as how to proceed further.
 

yolower

Full Member
Mar 19, 2017
45
7
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
How long after you submitted the affidavit, did you get your PPR?
 

mdilushi

Hero Member
May 25, 2017
281
35
Nomination.....
None
IELTS Request
Overall 8
Hi, I am new to this thread.

I am living separately from my spouse and not yet divorced. Divorce is yet to file.

What should I select as the marital status in EE profile?

Thank you
 

vijay1808

Newbie
Dec 23, 2019
5
0
Hello Everyone,

I received the ITA on 19th December. Perhaps, I have recently filed for divorce on mutual grounds, and I mentioned my marital status as legally separated. I can access the copy of my petition form the court to substantiate my marital status. However, my visa consultant says I have to submit the divorce decree when CIC reverts for the same. I'm afraid i might not be able to submit the document as the hearing is scheduled for may 2020. Please help me if there's a way I can submit any affidavit from my lawyer stating that court proceedings take time to complete ? Or is it mandatory to submit divorce decree ? Much obliged to your response.