About to be divorced. How to proceed with canada immigration in this scenario?

[nehailan]

I am legally married as of now. But my spouse and I are getting separated and will be filing the divorce papers. There are some complications between the families due to which the filing of divorce is getting delayed. I just got my IELTS result and I have my WES transcripts ready. I want to apply in the express entry pool immediately. Is there a way for me to do this without the divorce certificate? Is there any procedure that would consider my situation and waive off the requirement of a divorce certificate?
Please assist.

 

[samuelja]

I am legally married as of now. But my spouse and I are getting separated and will be filing the divorce papers. There are some complications between the families due to which the filing of divorce is getting delayed. I just got my IELTS result and I have my WES transcripts ready. I want to apply in the express entry pool immediately. Is there a way for me to do this without the divorce certificate? Is there any procedure that would consider my situation and waive off the requirement of a divorce certificate?
Please assist.

Hi there. As far as I know, if you are living separably for a while and are not going to reconcile anytime soon, then its better to complete the divorce proceedings before starting the Immigration process. I say this because I have seen some similar cases in which the two parties are living separately and the CIC asking them to provide proof of the same. I do not believe there is a scenario in which the divorce certificate can be avoided, but yes I might be wrong.

Please wait for the opinions of other senior members as well before proceeding. Good luck.

 

[nehailan]

Hi there. As far as I know, if you are living separably for a while and are not going to reconcile anytime soon, then its better to complete the divorce proceedings before starting the Immigration process. I say this because I have seen some similar cases in which the two parties are living separately and the CIC asking them to provide proof of the same. I do not believe there is a scenario in which the divorce certificate can be avoided, but yes I might be wrong.

Please wait for the opinions of other senior members as well before proceeding. Good luck.

Thank you for the reply.

 

[Greetings]

I am legally married as of now. But my spouse and I are getting separated and will be filing the divorce papers. There are some complications between the families due to which the filing of divorce is getting delayed. I just got my IELTS result and I have my WES transcripts ready. I want to apply in the express entry pool immediately. Is there a way for me to do this without the divorce certificate? Is there any procedure that would consider my situation and waive off the requirement of a divorce certificate?
Please assist.

I am not a senior member but I had a similar case when I entered the pool last year Oct, got ITA Nov and I applied as separated in Jan.
However, I got the divorce papers in May and updated my status.
I won't advice you to wait till you have your papers,the question is will you eventually go ahead with the divorce? If yes,then enter the pool as separated, initiate the process as soon as you can. If you weren't able to get the doc till CIC asks, Proof of separation will be to include chats or text. Emails between you and your ex or family. Swear an affidavit that you are separated and don't plan to get back together. Show your previous utility bill and now that you moved houses, think of anything that can support your claim and hope for the best.
Bottom line, best to start the divorce proceedings soon as you clear those family issues.

 

[nehailan]

I am not a senior member but I had a similar case when I entered the pool last year Oct, got ITA Nov and I applied as separated in Jan.
However, I got the divorce papers in May and updated my status.
I won't advice you to wait till you have your papers,the question is will you eventually go ahead with the divorce? If yes,then enter the pool as separated, initiate the process as soon as you can. If you weren't able to get the doc till CIC asks, Proof of separation will be to include chats or text. Emails between you and your ex or family. Swear an affidavit that you are separated and don't plan to get back together. Show your previous utility bill and now that you moved houses, think of anything that can support your claim and hope for the best.
Bottom line, best to start the divorce proceedings soon as you clear those family issues.

Thank you so much for the advice.