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

[MRM01]

Hi,

I hope everyone is doing well. I appreciate this helpful tips and advice from this thread. And I also need some advice regarding my ongoing PR application.

I have been separated for 11 years, and my PR application with 1 dependent process has been ongoing since January 2023.

Some Timeline:

January 25, 2024
- Received a letter from IRCC requesting a signed statutory declaration stating my relationship with my husband and detailing the efforts I made to explain why my husband cannot be examined.
* I sent a statutory declaration stating that I have been separated for more than 10 years, provided evidence that I am a solo parent and the financial provider for my daughter.
* I also sent a document showing that I have applied and paid for a divorce at the Superior Court of Justice, but the process has not yet started.

March 2024
- Received a letter from IRCC requesting a completed Schedule 19B, a reference letter, and other documents from my employer.
* I complied and submitted all required documents.

May 17, 2024
- Received a letter requesting a Divorce Certificate.

This process has been lengthy. Despite submitting a statutory declaration explaining my situation, they are still requesting a Divorce Certificate. It may have been a mistake to mention that I was in the process of filing for a divorce.

Here are some of my questions:

1. Should I push forward and start the divorce process? How long would it take, and should I submit a Letter of Explanation (LOE) in the meantime?
2. Can I submit an affidavit of separation while waiting for the Divorce Certificate? Would they grant me PR in advance?
3. Does anyone know how long it would take to get a simple divorce under the Hague Convention process? Are there any informational links about the Hague Convention?
4. How long does the process take for a mutual or joint uncontested divorce?

Unfortunately, I am in maintained/implied status and cannot go home. I just want to finish and get PR as soon as possible so I can see my family.

Hopefully you could give me some helpful advice. Thank you!

 

[Jaspreet1516]

Hi,

I hope everyone is doing well. I appreciate this helpful tips and advice from this thread. And I also need some advice regarding my ongoing PR application.

I have been separated for 11 years, and my PR application with 1 dependent process has been ongoing since January 2023.

Some Timeline:

January 25, 2024
- Received a letter from IRCC requesting a signed statutory declaration stating my relationship with my husband and detailing the efforts I made to explain why my husband cannot be examined.
* I sent a statutory declaration stating that I have been separated for more than 10 years, provided evidence that I am a solo parent and the financial provider for my daughter.
* I also sent a document showing that I have applied and paid for a divorce at the Superior Court of Justice, but the process has not yet started.

March 2024
- Received a letter from IRCC requesting a completed Schedule 19B, a reference letter, and other documents from my employer.
* I complied and submitted all required documents.

May 17, 2024
- Received a letter requesting a Divorce Certificate.

This process has been lengthy. Despite submitting a statutory declaration explaining my situation, they are still requesting a Divorce Certificate. It may have been a mistake to mention that I was in the process of filing for a divorce.

Here are some of my questions:

1. Should I push forward and start the divorce process? How long would it take, and should I submit a Letter of Explanation (LOE) in the meantime?
2. Can I submit an affidavit of separation while waiting for the Divorce Certificate? Would they grant me PR in advance?
3. Does anyone know how long it would take to get a simple divorce under the Hague Convention process? Are there any informational links about the Hague Convention?
4. How long does the process take for a mutual or joint uncontested divorce?

Unfortunately, I am in maintained/implied status and cannot go home. I just want to finish and get PR as soon as possible so I can see my family.

Hopefully you could give me some helpful advice. Thank you!

Hi, i submitted my PR application stating as legally separated in July 2023. Ircc requested divorce certificate in Nov 2023. I submitted all supporting documents like separation agreement, affidavit from family lawyer. But IRCC requested divorce certificate again. In Feb 2024, i submitted divorce filling documents and explained that i have to wait for court's decision to obtain divorce certificate. IRCC put my file on hold without requesting additional documents.
Finally, i got divorce certificate in April 2024, i submitted to IRCC and got result for PR application.

answers of your questions-

1. I suggest you to fill divorce asap to get your PR.
2. You can submit separation agreement and affidavit. It depends on IRCC officer. In my case, IRCC had put my file on hold because of divorce certificate.
3. No idea about this
4. In Ontario Canada, i filled divorce in Feb 2024 and divorce was granted on March 20th, 2024.

Thanks

 

[MRM01]

Hi, i submitted my PR application stating as legally separated in July 2023. Ircc requested divorce certificate in Nov 2023. I submitted all supporting documents like separation agreement, affidavit from family lawyer. But IRCC requested divorce certificate again. In Feb 2024, i submitted divorce filling documents and explained that i have to wait for court's decision to obtain divorce certificate. IRCC put my file on hold without requesting additional documents.
Finally, i got divorce certificate in April 2024, i submitted to IRCC and got result for PR application.

answers of your questions-

1. I suggest you to fill divorce asap to get your PR.
2. You can submit separation agreement and affidavit. It depends on IRCC officer. In my case, IRCC had put my file on hold because of divorce certificate.
3. No idea about this
4. In Ontario Canada, i filled divorce in Feb 2024 and divorce was granted on March 20th, 2024.

Thanks

Hi Jaspreet thank you for you advice. Tomorrow I will go to the court first so they can help me answer some of my question.

Hi, i submitted my PR application stating as legally separated in July 2023. Ircc requested divorce certificate in Nov 2023. I submitted all supporting documents like separation agreement, affidavit from family lawyer. But IRCC requested divorce certificate again. In Feb 2024, i submitted divorce filling documents and explained that i have to wait for court's decision to obtain divorce certificate. IRCC put my file on hold without requesting additional documents.
Finally, i got divorce certificate in April 2024, i submitted to IRCC and got result for PR application.

answers of your questions-

1. I suggest you to fill divorce asap to get your PR.
2. You can submit separation agreement and affidavit. It depends on IRCC officer. In my case, IRCC had put my file on hold because of divorce certificate.
3. No idea about this
4. In Ontario Canada, i filled divorce in Feb 2024 and divorce was granted on March 20th, 2024.

Thanks

Hi Jaspreet,

Thank you for your advice and helpful information. I will start processing my divorce and submit the affidavit of separation.

When you filed your divorce, was it a simple or joint divorce?

Hopefully after this I will also received my PR.

Again Thank you!