Legally Separated Status: Pl advice Docs Needed

[jitendra.kumar]

Request clarification regarding my marital status and the documents required to support the same. My spouse and I have been living separately from 5 yrs. What are the documents that are required to prove my status as "Legally Separated". Pl advice if the following documents are accepted:
1) Restitution of Conjugal Rights - Granted in my favor
2) Mutual Consent Divorce - Filed in Court

Request your advice regarding my following queries:
1) If any other documents would be required from my end to prove my legal separation from my ex-spouse.

2) Would my ex-spouse be required to undergo Medical Exam and Police clearance. What happens to my application in case my ex-spouse is non-cooperative with medical exams or police clearance.

3) Pl advice if there is any kind of Legal Separation document that can be signed between parties determining all rights against each other. Is there a format for the same, request you to advice about the same.

 

[K0099]

Hello man,

I am in the same situation like you..


Divorce has been filed. I do have only divorce deed signed from my wife and me.

Do you have any idea like what other documents cic may ask.

Plz reply me. I got invitation under legally seperated status

 

[jitendra.kumar]

I got reply from a learned friend in the forum who I believe did not want to have his name in Open. I respect him if that is his wish, my thanks to him for the apt reply and guidance. Posting it for the benefit of others. The Guidance part is in Red Color

Request clarification regarding my marital status and the documents required to support the same. My spouse and I have been living separately from 5 yrs. What are the documents that are required to prove my status as "Legally Separated". Pl advice if the following documents are accepted:
1) Restitution of Conjugal Rights - Granted in my favor
2) Mutual Consent Divorce - Filed in Court

Request your advice regarding my following queries:
1) If any other documents would be required from my end to prove my legal separation from my ex-spouse. I just indicated to them that I am legally separated and didnt provide any proof of separation. They asked me to provide proof of separation after 4 months. I provided them the affidavit I filed in court for separation. In your case you have the respective documents (you have more than required). Provide those documents and explain in a letter.
2) Would my ex-spouse be required to undergo Medical Exam and Police clearance. What happens to my application in case my ex-spouse is non-cooperative with medical exams or police clearance. No, CIC will not ask for your Spouse's Medical examinations or police clearance.

3) Pl advice if there is any kind of Legal Separation document that can be signed between parties determining all rights against each other. Is there a format for the same, request you to advice about the same. You can file for judicial separation in court. This a lengthy process and what you have is sufficient. You already have filed for MCD. They are only looking for proof that you guys are indeed separated.

Please confirm my answers with other senior people as well. I only answered questions from my experience All the best.

 

[kshah1991]

I just got a Request Letter today,

I already provided an Affidavit of Separation, but haven't filed for divorce yet.
Now CIC is asking for Divorce certificate/documents showing initiation of divorce, and given only one week to provide the same.
Please help me out as I am very worried and don't want to lose my chance.

My affidavit has already explained that since 1yr of living separately is not yet complete, i cannot file for divorce, still they have asked for documentation. Should I provide a letter of explanation instead? Please help.

 

[vicky123456]

I just got a Request Letter today,

I already provided an Affidavit of Separation, but haven't filed for divorce yet.
Now CIC is asking for Divorce certificate/documents showing initiation of divorce, and given only one week to provide the same.
Please help me out as I am very worried and don't want to lose my chance.

My affidavit has already explained that since 1yr of living separately is not yet complete, i cannot file for divorce, still they have asked for documentation. Should I provide a letter of explanation instead? Please help.

I received the same request on 23rd August. Can you advice if your letter had below content in the beginning:

We have began processing your application for permanent residence, and in order to make a decision we require the following information/documents:

Proof of Separation....

 

[CANADA CALLING ME]

i am staying away (in different country) from my ex spouse since 6 years.Our daughter is with me too.
i got ADR for divorce certificate and custody documents.
we have not filed divorce to avoid community taboo and negative effect on our daughter,
Also my ex spouse wants her to inherit his property when she is major,so not divorce is filed to avoid problem in his family for inheritence due to our divorce.
he has provided custody declaration and as well as no objection for our child to immigrate with me to Canada.
Also declared in affidavit that we are amicably separated and staying apart.
will this suffice,
vicky and kshah kindly suggest did your pr came through.
appreciate your advise.

 

[CANADA CALLING ME]

I just got a Request Letter today,

I already provided an Affidavit of Separation, but haven't filed for divorce yet.
Now CIC is asking for Divorce certificate/documents showing initiation of divorce, and given only one week to provide the same.
Please help me out as I am very worried and don't want to lose my chance.

My affidavit has already explained that since 1yr of living separately is not yet complete, i cannot file for divorce, still they have asked for documentation. Should I provide a letter of explanation instead? Please help.

hello kshah did you get through the process.got PR?

 

[jonnclk22]

I just got a Request Letter today,

I already provided an Affidavit of Separation, but haven't filed for divorce yet.
Now CIC is asking for Divorce certificate/documents showing initiation of divorce, and given only one week to provide the same.
Please help me out as I am very worried and don't want to lose my chance.

My affidavit has already explained that since 1yr of living separately is not yet complete, i cannot file for divorce, still they have asked for documentation. Should I provide a letter of explanation instead? Please help.

I am in exactly the same boat. What ended up happening in your case? Did CIC accept the affidavit?

 

[jonnclk22]

I received the same request on 23rd August. Can you advice if your letter had below content in the beginning:

We have began processing your application for permanent residence, and in order to make a decision we require the following information/documents:

Proof of Separation....

What did you end up doing? Please let us know.

 

[Docmustakeem]

Hello all.plz guide iam also in the same boat ......we are seperated since 3months and spouse is non cooperative for pcc and medicals..kindly reply

 

[jonnclk22]

Hello all.plz guide iam also in the same boat ......we are seperated since 3months and spouse is non cooperative for pcc and medicals..kindly reply

Ash him/her to give you a notarized affidavit of separation clearly stating that you two are separating since date xyz and that he doesn't wish to go through PCC and medicals and that she understands that this would render her ineligible for any subsequent sponsorship to immigrate to Canada by you. I did this and CIC accepted it.

 

[Docmustakeem]

Hello jonnick.....can u olz share ur mail id.....would be a favour of greatest order...i am a little confused....is it necessary to get the notarized copy by lawyer to e signed by my spouse????plz message your email id.mine is drmustakeempatel8@gmail.com...would be grateful to u.

 

[jonnclk22]

Hello jonnick.....can u olz share ur mail id.....would be a favour of greatest order...i am a little confused....is it necessary to get the notarized copy by lawyer to e signed by my spouse????plz message your email id.mine is drmustakeempatel8@gmail.com...would be grateful to u.

HI Sorry, I can't share my email. I am happy to answer any questions you may have on this forum. Just avoid names / sensitive details and it should be fine.

Having an affidavit of separation signed by your spouse in front of a public notary officer will be helpful.
If you already have a divorce case pending in the court, send CIC a copy of the divorce petition along with docket number. If you don't have a pending divorce case, and your spouse doesn't cooperate with you regarding a notarized affidavit, then you should have a notarized affidavit of your own and submit it to the CIC. This is what I used:

AFFIDAVIT OF SEPARATION:

I, ______________________________, date of birth _______________ (mm/dd/yyyy) and holder of Passport no. _____________ issued by (country) _________________________ hereby certify that I am separated and estranged from my spouse (name of spouse)_______________________ date of birth _______________ (mm/dd/yyyy) and holder of Passport no. _____________ issued by (country) _________________________ since _______________ (mm/dd/yyyy). I further certify that I do not intend to reconcile with my spouse.


I intend to take following legal action with regard to my marital status:

_________________________________________________________________________


I, __________________________________, further certify that my spouse (name of spouse)_______________________ does not wish to undergo medical examination and police clearance process for the purposes of immigrating to Canada. I understand that such a refusal will render my spouse ineligible to be sponsored for immigrating to Canada at any time in the future if reconciliation were to occur prior to any legal changes to my marital status cited above.

Under penalties of perjury, I certify the above representations to be true as of the date shown below.


__________________________________________ ______________________


Your name (Signature) Date



__________________________________________ ______________________

Signature Notary Public / Commissioner of Oaths Date

 

[Docmustakeem]

HI Sorry, I can't share my email. I am happy to answer any questions you may have on this forum. Just avoid names / sensitive details and it should be fine.

Having an affidavit of separation signed by your spouse in front of a public notary officer will be helpful.
If you already have a divorce case pending in the court, send CIC a copy of the divorce petition along with docket number. If you don't have a pending divorce case, and your spouse doesn't cooperate with you regarding a notarized affidavit, then you should have a notarized affidavit of your own and submit it to the CIC. This is what I used:

AFFIDAVIT OF SEPARATION:

I, ______________________________, date of birth _______________ (mm/dd/yyyy) and holder of Passport no. _____________ issued by (country) _________________________ hereby certify that I am separated and estranged from my spouse (name of spouse)_______________________ date of birth _______________ (mm/dd/yyyy) and holder of Passport no. _____________ issued by (country) _________________________ since _______________ (mm/dd/yyyy). I further certify that I do not intend to reconcile with my spouse.


I intend to take following legal action with regard to my marital status:

_________________________________________________________________________


I, __________________________________, further certify that my spouse (name of spouse)_______________________ does not wish to undergo medical examination and police clearance process for the purposes of immigrating to Canada. I understand that such a refusal will render my spouse ineligible to be sponsored for immigrating to Canada at any time in the future if reconciliation were to occur prior to any legal changes to my marital status cited above.

Under penalties of perjury, I certify the above representations to be true as of the date shown below.


__________________________________________ ______________________


Your name (Signature) Date



__________________________________________ ______________________

Signature Notary Public / Commissioner of Oaths Date

 

[Docmustakeem]

Hey jon.thanks for the prompt reply...however,i have a few questions 1)any additional documents you attached apart from the affidavit signed by you like aby declaration form from CPP ottawa???2)i am from india,so the above document can be notarized by a notary officer of my country,right??3)i have a baby girl of 1.5 years who shall stay with my spouse...any mention regarding her in the affidavit???....please reply at ur convenience....thnak u ince again,mate.