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

MelayOcampo17

Star Member
Aug 21, 2017
104
11
Hey I'm in the same boat! What documents did you provide as proof? and where did you upload it? I don't see any section to upload for legally seperated under supporting docs
My immigration agency uploaded it ( divorce paper) on webform on the IRCC website. Include your UCI and Application number. So they can attached it to your file.
 

sanjaysoni

Star Member
Oct 8, 2022
84
25
Hi, It would be helpful if you could suggest on below query.

My wife had a second marriage with me and for that, we have a marriage certificate.

In her first marriage, she was separated 15 years back and got the separation documents (In Hindi language). But these documents are in home country.

Will IRCC ask for my wife's first marriage divorce document? I got ITA and not able to see any field in her section for divorce document upload.

In our case, is my wife's divorce document mandatory? Please suggest
 

armoured

VIP Member
Feb 1, 2015
17,147
8,800
Hi, It would be helpful if you could suggest on below query.

My wife had a second marriage with me and for that, we have a marriage certificate.

In her first marriage, she was separated 15 years back and got the separation documents (In Hindi language). But these documents are in home country.

Will IRCC ask for my wife's first marriage divorce document? I got ITA and not able to see any field in her section for divorce document upload.

In our case, is my wife's divorce document mandatory? Please suggest
Yes, it will be needed. Otherwise they will consider the second marriage (your marriage to her) to be invalid.
 
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YVR123

VIP Member
Jul 27, 2017
7,378
2,869
Hi, It would be helpful if you could suggest on below query.

My wife had a second marriage with me and for that, we have a marriage certificate.

In her first marriage, she was separated 15 years back and got the separation documents (In Hindi language). But these documents are in home country.

Will IRCC ask for my wife's first marriage divorce document? I got ITA and not able to see any field in her section for divorce document upload.

In our case, is my wife's divorce document mandatory? Please suggest
If your wife only got separation documents but NOT a divorce document, then your marriage is not valid.
1) Make sure that she was legally divorced.
2) Obtain that legal divorce document and if it's not in English, get it translated and submit it.
 

Serolf

Full Member
Aug 21, 2023
27
2
Hi Everyone,

Is there anyone knows the process of divorce here in Alberta?
My ex is not cooperating and my PR application is on going. IRCC asked me for divorce certificate.
Please kindly share what are the process in this scenario.
Your insight about my situation is highly appreciated.
Thank you
 

MelayOcampo17

Star Member
Aug 21, 2017
104
11
Hi Everyone,

Is there anyone knows the process of divorce here in Alberta?
My ex is not cooperating and my PR application is on going. IRCC asked me for divorce certificate.
Please kindly share what are the process in this scenario.
Your insight about my situation is highly appreciated.
Thank you
You can asked for advice froma any free legal advisor just call and ask the courthouse in your province. Thanks.
 

Kaibigan

Champion Member
Dec 27, 2020
1,043
407
You can asked for advice froma any free legal advisor just call and ask the courthouse in your province. Thanks.
Has the IRCC told you that you must be divorced and have a certificate to prove it in order to proceed with whatever application you are making?

If you must divorce in Alberta, it's about the same as in all provinces, except Quebec. Divorce law is federal, not provincial.

As for getting any assistance by calling a court registry, in BC I would doubt it. Registry staff in BC are trained to say they cannot give legal advice and they steadfastly refuse to tell you what documents are needed, etc. No doubt, some exceptions can be found and you might find a registry clerk who is a good sport. Anyway, just google divorce in Alberta and I am sure you will come up with lots of sources of information.

Unless you have grounds under the Divorce Act, such as adultery, physical or mental cruelty, etc., then divorce requires separation for at least one year. If you have that, an uncontested divorce still takes time from initial filing of the petition through to order absolute and divorce certificate.
 

MelayOcampo17

Star Member
Aug 21, 2017
104
11
Ye
Has the IRCC told you that you must be divorced and have a certificate to prove it in order to proceed with whatever application you are making?

If you must divorce in Alberta, it's about the same as in all provinces, except Quebec. Divorce law is federal, not provincial.

As for getting any assistance by calling a court registry, in BC I would doubt it. Registry staff in BC are trained to say they cannot give legal advice and they steadfastly refuse to tell you what documents are needed, etc. No doubt, some exceptions can be found and you might find a registry clerk who is a good sport. Anyway, just google divorce in Alberta and I am sure you will come up with lots of sources of information.

Unless you have grounds under the Divorce Act, such as adultery, physical or mental cruelty, etc., then divorce requires separation for at least one year. If you have that, an uncontested divorce still takes time from initial filing of the petition through to order absolute and divorce certificate.
Yes IRCC requested a divorce certificate for the reason that my ex husband do not have any documents on file when I pass the PR application.

Here in BC, the court registry was very helpful, they gave me a specific instructions on what and how to file it. Yes the initial filing will takes time.

the free legal counsel was also given by the staff.
 

Kaibigan

Champion Member
Dec 27, 2020
1,043
407
Ye

Yes IRCC requested a divorce certificate for the reason that my ex husband do not have any documents on file when I pass the PR application.

Here in BC, the court registry was very helpful, they gave me a specific instructions on what and how to file it. Yes the initial filing will takes time.

the free legal counsel was also given by the staff.
In your case, it sounds like you were divorced already. In the case of the OP, the request relates to how to get a divorce.

You were fortunate to find helpful registry staff. As a lawyer, I have spent a lot of time in court registries in BC over the years, mostly in Vancouver. More times than I can remember I heard some non-lawyer in the line ahead of me being told by a staffer that they cannot give legal advice, including instructing on what forms to use. My point to the OP was don't worry about getting help. I expect Alberta to be much like BC. Here, there is a wealth of material online, from credible sources, giving detailed information about pursuing your own divorce. Those sources lead you to the forms, how to complete them, how to file them, etc. So, no need to rely on registry staff to hold one's hand through the process. I should add that the online help really relates only to very simple, uncontested divorces. They do not purport to address how to stickhandle your way through what might turn into a litigation extravaganza or minefield.

As well, in your case, again, my impression is that you were divorced already and all you were inquiring about was obtaining a divorce certificate. If that's all, then I would expect the registry staff to guide you since the procedure is simple and administrative in nature. No legal advice, or anything close, required. In BC, the Law Courts website shows how to get it and how to apply online.

I remain of the view that, if you phone in, or show up at the registry, saying you want to get a divorce, I would not expect registry staff to provide you with a course on Canadian divorce law, grounds, matters to consider in commencing petition proceedings, precise instructions on how to complete all the initial paperwork and describing your Form 8 (financial disclosure) documents, among divers other considerations.

And finally, let me ask, where was it that court staff offered "free legal counsel". Did they have lawyers on duty at the courthouse to sit down with you and handle everything? I do not think the Legal Aid Society of BC is so well funded as to take on all comers with family law issues. If kids are involved, that requires more consideration. Very surprising that registry staff or lawyers on deck would delve into all of that pro bono. If the divorce becomes contested, do they represent you at trial gratis?
 
Last edited:

Serolf

Full Member
Aug 21, 2023
27
2
Hi Everyone!
IRCC asked for divorce certificate. However, we are not divorce yet and still on process.
Does anyone got PPR while divorce is on going?
What are the documents you sent to IRCC if divorce certificate is not yet available?
I’m afraid they will reject my PR application as given deadline is on December 11 for the submission of divorce certificate.
Has anyone gone through the same process?
Thank you!
 
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YVR123

VIP Member
Jul 27, 2017
7,378
2,869
Hi Everyone!
IRCC asked for divorce certificate. However, we are not divorce yet and still on process.
Does anyone got PPR while divorce is on going?
What are the documents you sent to IRCC if divorce certificate is not yet available?
I’m afraid they will reject my PR application as given deadline is on December 11 for the submission of divorce certificate.
Has anyone gone through the same process?
Thank you!
Did you put down divorced as your martial status? If so, that's incorrect. If your divorce hasn't been finalized, you can .. probably only put separated.
Update IRCC for your mistake.
 

YVR123

VIP Member
Jul 27, 2017
7,378
2,869
No. I declared separated
Then send a webform to IRCC and explain that you are still waiting for the final decision of the divorce.
You may even want to give them a call and try to see if the call centre staff can put a note in your applicaiton.
 

Serolf

Full Member
Aug 21, 2023
27
2
Noted on that.
Do you think that IRCC will wait for the divorce certificate first before granting my PR application?
Have you knew someone same case as mine?
Security is the only thing left, mostly everything are passed.
I appreciate your response.
Thank you.
Then send a webform to IRCC and explain that you are still waiting for the final decision of the divorce.
You may even want to give them a call and try to see if the call centre staff can put a note in your applicaiton.