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

[Kaibigan]

Anyone knows a good lawyer in Ontario for International divorce? please help

That question is altogether too broad to yield of an answer.

To begin with, I don't think you will find a lawyer in Canada holding out as practising in the field of "International divorce". Divorce laws are unique to each country and, in those countries where divorces are always or usually handled by lawyers, one must be qualified to practise in that country. You might find some Canadian lawyers with some knowledge of divorce laws in another country and who might have contacts there. That's about all.

You also have told us nothing about the background to your question. Many scenarios are possible. One is that you are a Canadian citizen, living in Canada, who wishes to dissolve a marriage contracted in another country. It may be in such case that you can divorce in Canada and have the divorce recognized abroad under the laws of the foreign country. It will depend on what country is involved. It may be that you will be content to procure a divorce in Canada and not care if said divorce is recognized by the country of marriage. It may be you are a foreign citizen who was married in Canada and now live elsewhere. Or you are a foreign citizen married abroad to a Canadian and now you want the marriage dissolved. I can conjure up more scenarios, if you like.

Or, who knows? Maybe someone here will come forward with the name of an Ontario lawyer who regularly accepts retainers for "international divorce". Maybe it's an emerging area of practise. That would surprise me, but ya' never know.

 

[LTeE@1]

Hello,

My exspouse started act up after I left for Canada. A year later my ex filed for divorce luckily I left for Canada with the kids, now am applying for PR. I filled legally separated but got this from IRCC

IMM 0008DEP Add Deps/Dec: A completed Additional Dependents/Declaration form (IMM 0008DEP) You have identified your marital status as “separated” or “legally separated”. All family members, whether accompanying or not, are required to be examined to ensure that they are not inadmissible.
Since you are still legally married to your spouse, your spouse is considered a family member under the Immigration Refugee Protection Act (IRPA) and must be examined. You cannot simply choose to not have them examined. Please provide the following supporting documents/information to include your spouse in your application for permanent residence:

- Revised IMM 0008
- Revised IMM 5562 (Travel info)

SPOUSE
- Schedule A
- IMM 5406
- Photographs
- Birth Certificate
- Passport, if accompanying
- Fees, if accompanying
- Any applicable Police certificates

The divorce is still pending cos they don't want the clause of child support on the agreement says they would support based on what they have, when they have!
Definitely there is no way they would give me all this information if I request for it. Please how do I prove to IRCC to continue my application without my ex being examined. It's DEFINITELY over between us, there is no room for reconciliation NEVER!
Please need advise. Thank you all.

You did the right think. Additionally, you can raise a CSE and submit an affidavit that your spouse is uncooperative w.r.t pcc and medicals etc. and you understand that you'll never be able to sponsor her to immigrate to Canada. Together, the divorce filing and affidavit should be fine.

 

[Guri6060]

Hello Friends, hope you are well.


Im also going through same situation.
I declared in my application that We are separated since 10 November 2022 but not applied for divorce yet as one year separation required for divorce.

l got pre-arrival-letter 3-Nov-2023 and got request to submit Divorce Certificate on 28 November. We submitted divorce app on 22 Nov

I want to know that divorce Draft and affidavit from both sides are sufficient? Even i also provided Police certificate and medical of spouse


IRCC gave me deadline 26 January 2024.

Thanks

Hello friends, hope you are doing well.
In my case i submitted reply to IRCC that my divorce application is in process in courthouse with application number.
yesterday, i again got 60 days extension for providing divorce certificate.
Hopefully, my divorce application will be finalized before this deadline.

previous divorce certificate request- 2023-11-28
Now, 2024-02-13
60days of deadline both time

Thanks

 

[LTeE@1]

Hello, did you submit affidavit before? What other documents did you submit before please. Also did you fill the Immigration forms for your ex to be examined?

Hello friends, hope you are doing well.
In my case i submitted reply to IRCC that my divorce application is in process in courthouse with application number.
yesterday, i again got 60 days extension for providing divorce certificate.
Hopefully, my divorce application will be finalized before this deadline.

previous divorce certificate request- 2023-11-28
Now, 2024-02-13
60days of deadline both time

Thanks

 

[Guri6060]

Hello, did you submit affidavit before? What other documents did you submit before please. Also did you fill the Immigration forms for your ex to be examined?

Hii

when i submitted application that time i declared that we are separate but not divorced yet.

then i got request
Revised IMM 0008

SPOUSE
- Schedule A
- IMM 5406

then i replied, in June 20223.

fortunately got PAL and few days later,
Request for divorce certificate

I replied that my divorce app in process courthouse. Gave me deadline 26-01-2024

I submitted court application no. And draft agreement submitted to court.

officer gave me 60 days more. Till April 2024

 

[LTeE@1]

Thanks for the response Guri6060, please can I mail you. Please what's your email can I contact you to ask more questions please. Also whats PAL? So you filled the revised IMM 0008 and IMM 5406 and Schedule A for your spouse? Or only replied with affidavit and update on divorce application?

Is there a way for IRCC to continue processing my application without waiting for the certificate cos my ex is being difficult. Doesn't want clause of him having to pay child support on the agreement which I believe is very unfair. If certificate are mandatory to continue our PR and we are given deadlines then I may have to compromise just so our application isn't hindered by his cruelty.

Hii

when i submitted application that time i declared that we are separate but not divorced yet.

then i got request
Revised IMM 0008

SPOUSE
- Schedule A
- IMM 5406

then i replied, in June 20223.

fortunately got PAL and few days later,
Request for divorce certificate

I replied that my divorce app in process courthouse. Gave me deadline 26-01-2024

I submitted court application no. And draft agreement submitted to court.

officer gave me 60 days more. Till April 2024

 

[LTeE@1]

Also are you applying for your PR or another application?

 

[theoldsoul]

Hello friends, i hope you all are doing well .
I have a doubt in my case , please i need some suggestions.
I got ITA to apply for permanent residency.
Me and my wife both are listed in application.
We both were married before . I got my divorce decree in December 2018. My wife got an affidavit from her first marriage they are seprated and other party don’t have any problems if she remarries. We got married in May 2019 , but she got her decree in August 2019. We got our marriage registration done in June 2023.
Will cic accept our marriage as legal or could there be any problems.

 

[Kaibigan]

I cannot say whether the IRCC will catch on and see a problem, but good chance they will.

If you married in May 2019 and your wife's divorce was not final until August 2019, the she was married to someone else when she purported to marry you. Canada would say your marriage is not legal and, certainly under Canadian law it is not.

When my wife and I applied for my wife's PR, we had to produce marriage certificate and, since I had been married before and divorced in Canada, I had to produce my decree absolute of divorce. If your wife has to do the same (and I suspect she will), the IRCC might well notice the difficulty with dates.

 

[theoldsoul]

I cannot say whether the IRCC will catch on and see a problem, but good chance they will.

If you married in May 2019 and your wife's divorce was not final until August 2019, the she was married to someone else when she purported to marry you. Canada would say your marriage is not legal and, certainly under Canadian law it is not.

When my wife and I applied for my wife's PR, we had to produce marriage certificate and, since I had been married before and divorced in Canada, I had to produce my decree absolute of divorce. If your wife has to do the same (and I suspect she will), the IRCC might well notice the difficulty with dates.

Thia happened in india and we are still in india . The marriage registrar has registered our marriage and even on passports we have each others name as spouse . The Indian authorities consider out marriage legal. Will ircc consider it .

 

[Kaibigan]

Thia happened in india and we are still in india . The marriage registrar has registered our marriage and even on passports we have each others name as spouse . The Indian authorities consider out marriage legal. Will ircc consider it .

My opinion really does not change, not if I understand the facts.

My understanding of the facts is this: your wife was separated when she married you in May 2019. She obtained a divorce in August 2019. So, she was still married, albeit separated, when she married you. Maybe the laws of India permit one to be married to 2 people at the same time. Canadian law would call the May 2019 marriage invalid on that account. But, you say that the way matters unfolded is in accord with the laws of India and the marriage is valid in India. Maybe the IRCC will say: "If a bigamous marriage is okay in India where it took place, then it's okay with us." I would find that surprising, but I cannot speak for the IRCC. A Canadian immigration attorney can no doubt speak to the matter.

 

[theoldsoul]

My opinion really does not change, not if I understand the facts.

M understanding of the facts is this: your wife was separated when she married you in May 2019. She obtained a divorce in August 2019. So, she was stilll married, albeit separated, when she married you. Maybe the laws of India permit one to be married to 2 people at the same time. Canadian law would call the May 2019 marriage invalid on that account. But, you say that the way matters unfolded is in accord with the laws of India and the marriage is valid in India. Maybe the IRCC will say: "If a bigamous marriage is okay in India where it took place, then it's okay with us." I would find that surprising, but I cannot speak for the IRCC. A Canadian immigration attorney can no doubt speak to the matter.

What should i do now , should we remarry again. Or can we change our status to common in kaw partners , as we are staying together since 4 years.

 

[Kaibigan]

What should i do now , should we remarry again. Or can we change our status to common in kaw partners , as we are staying together since 4 years.

That appears to be the advice given to you by @armoured and I am inclined to agree. He also suggested legal advice and I agree on that as well. It could be that an immigration attorney will take the view that the thing will fly. Maybe going common law will be a quicker and easier solution, but now we are getting into where my lack of knowledge and experience in these things shows. I would defer to a member like @armoured, should he have an opinion.

 

[armoured]

That appears to be the advice given to you by @armoured and I am inclined to agree. He also suggested legal advice and I agree on that as well. It could be that an immigration attorney will take the view that the thing will fly. Maybe going common law will be a quicker and easier solution, but now we are getting into where my lack of knowledge and experience in these things shows. I would defer to a member like @armoured, should he have an opinion.

My comment would indeed be that if living together four years, applying as common law would be the safer route. IRCC does not - to my knowledge - deny applications for couples that (arguably or disputedly) are married and apply as common law; I'm more certain in saying that IRCC does deny those who apply as married and do not appear to have a valid marriage.

Further, as @Kaibigan noted above, the current marriage is almost certainly (in my opinion) invalid and won't be recognized under Canadian law. BUT: I've never heard of someone being 'punished' for being in a marriage that technically is bigamous but was carried out in good faith while abroad, such marriages are simply not recognized. Being in a not-recognized marriage doesn/t make the common law relationship invalid.

So: my suggestion would be to apply as common law, provide all info about the previous marriage, and explicitly note that it was considered legal and valid in India, but you are applying as common law. You can even say you are applying as common law BECAUSE you heard that it might not be recognized as a valid marraige in Canada - there's no downside I can see to being open about that.

If you're still uncertain: sure, see a lawyer who knows about Canadian immigration law. But I'd repeat that I don't really see any downside to applying as common law - to the extent I'd even be a bit skeptical about a lawyer who actively counselled against that.

 

[Kaibigan]

Let me add that the approach suggested by @armoured, above, makes a lot of sense. My inclination was to see applying as common law as an answer and I quite agree that the IRCC will be slow to find fault, if you are open and honest, and say you have decided to apply common law, given that you have been alerted to the possibility of your marriage not having been perfected, despite your good faith efforts.