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

[moscatojuices]

This is a great thread. Random question, for any divorcee who applied for EE/PNP/Spousal, did you

*Provide only your divorce certificate, or
*Provide multiple documents including a marriage certificate, divorce certificate, and any other documents to show that you were legally married and then legally divorced?

I applied for PNP and I sent through my Federal Court-provided divorce certificate, but I'm confused if I actually needed to have sent a marriage certificate too as the checklist has subjective grammar around "and"/"or". Don't want to have the application sent back to me because I missed this!

 

[pixie.stardust]

Hello Group members,

I am separated from my ex from 2017 and the case is still pending in Indian Court (As my ex is not very cooperative with the case + COVID situation).
Now, my PR is having all stages passed except Officer keep asking me for Divorce Certificate.

I have already provided Case Status (With Certified Court Proceedings), a Letter from my Lawyer, Affidavit from my end that I will never sponsor her in the future and there is no chance of reconsilation. But Officer is asked me the same for the fourth time.

In the first letter, the officer gave me 7 days to reply. (Eligibility, Medical, BG + Criminality All passed here)
In the second letter, the officer asked me to submit the case status after the next hearing date which was after 1 and half months.
After two months another letter asking Divorce Certificate or Explanation if not available (7 days). I replied on the same date as there was nothing new in the case.
The next day, another letter asking Divorce Application, Divorce Certificate, and Divorce Order with 2 months of the date.


Please suggest to me, what can I do.

Hi,

What is your status? did you get the PPR? is there a way to contact you?

 

[pixie.stardust]

Thanks for the advice. I will consult a lawyer.

hi, I am in a similar situation. Has there been any progress in your case? can we connect? please.

 

[pixie.stardust]

Guys,

I got my PR and I'm legally seperated, haven't got my divorce certificate yet.

This is what I did,
I kept my marital status as legally seperated and uploaded a bunch of documents while applying. Especially to the slot where they asked for documents from spouse as well.

1. Copy of original petition
2. Proof or copy or anything related to any other cases you filed against your spouse (eg: protection act, criminal case etc)
3. A copy of power of attorney
4. An affidavit that you will not reconcile with your spouse
5. A letter from the lawyer signed, stamped and stating that the case is ongoing, date of case filed etc.

Also, I applied PR by myself and I haven't seen any Canadian lawyer for this reason. IRCC never asked any documents. Granted PR.

Hope this helps..

hi, I am in a similar situation. Has there been any progress in your case? can we connect? please.

 

[pixie.stardust]

Hi Sir,
I filed for PR in 2018 and the case is still pending with CIC.
Sir please help me by tell the sequence that once you submitted the Indian Court fee reciept and the signed affidavit from your wife to CIC....Did they processed your pr....or you were asked to submit the final documents of divorce...I.e. after serving the second motion.

I need your inputs...please make some time to reply.

similar situation. Can we connect?

 

[pixie.stardust]

Hi Smry, did u got the PR? I also applied as Married with non accompanying spouse as per suggestion of my Canadian Immigration lawyer and speeded tons of money. I already got divorce certificate request 3 times. Not sure, should we change our status from Married to legally separated by sending LOE? Also, do you think its good idea to take the file from lawyer and apply myself?

Hi, Whats your current status? can we connect?

 

[VenkateshNK86]

Guys,

I got my PR and I'm legally seperated, haven't got my divorce certificate yet.

This is what I did,
I kept my marital status as legally seperated and uploaded a bunch of documents while applying. Especially to the slot where they asked for documents from spouse as well.

1. Copy of original petition
2. Proof or copy or anything related to any other cases you filed against your spouse (eg: protection act, criminal case etc)
3. A copy of power of attorney
4. An affidavit that you will not reconcile with your spouse
5. A letter from the lawyer signed, stamped and stating that the case is ongoing, date of case filed etc.

Also, I applied PR by myself and I haven't seen any Canadian lawyer for this reason. IRCC never asked any documents. Granted PR.

Hope this helps..

Hi,
My case has been pending since December, 2018. Can you please explain what is the copy of Power of Attorney you have submitted.
Thanks.

 

[ProfMovingToCanada]

Guys,

I got my PR and I'm legally seperated, haven't got my divorce certificate yet.

This is what I did,
I kept my marital status as legally seperated and uploaded a bunch of documents while applying. Especially to the slot where they asked for documents from spouse as well.

1. Copy of original petition
2. Proof or copy or anything related to any other cases you filed against your spouse (eg: protection act, criminal case etc)
3. A copy of power of attorney
4. An affidavit that you will not reconcile with your spouse
5. A letter from the lawyer signed, stamped and stating that the case is ongoing, date of case filed etc.

Also, I applied PR by myself and I haven't seen any Canadian lawyer for this reason. IRCC never asked any documents. Granted PR.

Hope this helps..

Hi. Thanks for posting this it’s super helpful and congrats on your PR.
Post ITA when filling out the questions about your marital status as legally separated, for the question that indicates 'have you been married before and end of the relationship's you reply yes, or is it referring to any marriage before the one with current/pending divorce proceedings? Thanks in advance.

 

[Jeewanjot bhullar]

Hi,

What is your status? did you get the PPR? is there a way to contact you?
Hi is ther e any way we can connect

 

[Herbeks]

Hello,
I am in a similar situation. Please can I contact you to get more information which could be of help

 

[Herbeks]

Hello

please I need clarity. I have similar issue at hand. Can we connect to get more details please?

 

[someonefromearth]

i m facing problem
my spouse got second marriage secretly (we were not living together) he is not cooperating for medical and police certificate . i got ITA in Express entry based on PNP (including PNP points from Husband relative) what should i do now any suggestion

 

[ProfMovingToCanada]

i m facing problem
my spouse got second marriage secretly (we were not living together) he is not cooperating for medical and police certificate . i got ITA in Express entry based on PNP (including PNP points from Husband relative) what should i do now any suggestion

I am not familiar with PNP, but if you and your spouse are separated and living apart you fall under the definition of 'legally separated' according to IRCC's definition. You should then not have to include your spouse in your application (you can support this with an affidavit of separation and/or legal documents if you have started a divorce petition), but at the same time, it also means you cannot get any points from your spouse or relatives of your spouse. This is by no mean an expert opinion, but it would be what makes more sense to me.
I excluded my ex-spouse from my application, signed an affidavit of separation in which I also declared I would never sponsor him and provided my divorce petition and a letter from my divorce lawyer. Also, how can your spouse re-marry if you are not divorced officially?

 

[shubham3582]

@ProfMovingToCanada @someonefromearth please advise if you provided any divorce proceedings or any other legal document. In similar situation, received ITA and trying to get documents, no luck as of now.
Thanks

 

[scylla]

i m facing problem
my spouse got second marriage secretly (we were not living together) he is not cooperating for medical and police certificate . i got ITA in Express entry based on PNP (including PNP points from Husband relative) what should i do now any suggestion

If you're not living together then you shouldn't be claiming points for your husband's relative. You are going to lose these points since he is unwilling to take the medical and provide PCCs. I would recommend you withdraw your application vs. risking a misrepresentation.