Separated but not legally divorced

[Saisha]

Hi All,

I am from India and planning on migrating to Canada under Express Entry Program. I have already completed my WES assessment and also IELTS(Overall Band -9). However, I am not sure how to proceed with creating my EE Profile for Canada PR, reason being - I was married in Jan 2015 and in August 2017, my husband one day suddenly didnt return home and 2 days later I got a notarised affidavit stating that he has divorced me and that there is no chance of reconciliation or revoking it. But there is no legal divorce between us expect the notarised divorced letter that he has sent me by post. Ever since, I am not in contact with him or any of his family members and its been 8 months.
Now I dont know what to put my status as:
1. Single ?
2. Married ? - Which I no longer am as my husband has left me and no contact between us whatsoever and he also doesnt intend to come back. I will also not be able to furnish his docs- PCC and Medicals.
3. Divorced ? - I dont have a divorce certificate except the notarised affidavit sent by him.

Please help..
Thanks

 

[jes_ON]

Hi All,

I am from India and planning on migrating to Canada under Express Entry Program. I have already completed my WES assessment and also IELTS(Overall Band -9). However, I am not sure how to proceed with creating my EE Profile for Canada PR, reason being - I was married in Jan 2015 and in August 2017, my husband one day suddenly didnt return home and 2 days later I got a notarised affidavit stating that he has divorced me and that there is no chance of reconciliation or revoking it. But there is no legal divorce between us expect the notarised divorced letter that he has sent me by post. Ever since, I am not in contact with him or any of his family members and its been 8 months.
Now I dont know what to put my status as:
1. Single ?
No, you are married. You can list him as "non-accompanying" for now, but if you get the ITA, you will still be expected to get his PCCs and medical.

2. Married ? - Which I no longer am as my husband has left me and no contact between us whatsoever and he also doesnt intend to come back. I will also not be able to furnish his docs- PCC and Medicals.
Alas, you are still married. Without proof of a divorce, IRCC has no idea what anyone's intentions are.

3. Divorced ? - I dont have a divorce certificate except the notarised affidavit sent by him.
No, you are not divorced. That affidavit is not a legal divorce. However, you can use it to apply for a divorce.

Your BEST option is to apply for the divorce. Otherwise, it is difficult to provide IRCC the proof they require to accept your statements as fact. It is easier if there are no children involved, and some people do succeed, but it is a challenge.

 

[Saisha]

But divorce processes in India take a hell lot of time...Isn't there a way out...?? Also i have read in this website, that a affidavit of Separation would work.But how true is it, if it is at all?

 

[mr.preetsingh]

But divorce processes in India take a hell lot of time...Isn't there a way out...?? Also i have read in this website, that a affidavit of Separation would work.But how true is it, if it is at all?

Wait, did you guys register your marriage? If yes,
the easiest way is to file a divorce case in court and get an acknowledgement from them about your case registration.

Post that, you will have to mention your husband as non-accompanying in your Express Entry profile. this will solve your problem

 

[Saisha]

Wait, did you guys register your marriage? If yes,
the easiest way is to file a divorce case in court and get an acknowledgement from them about your case registration.

Post that, you will have to mention your husband as non-accompanying in your Express Entry profile. this will solve your problem

Thank you Preet. Really appreciate your help. But my marriage has not been registered under Special Marriage Act (In India). It was a small affair in my hometown, registered under the local Qazi. Also there has been no changes with respect to marriage mentioned anywhere in my passport too.

 

[Saisha]

Also wouldn't it be a problem, to have an open ongoing court case while applying for PR...Like wouldn't it cause a negative impact or a delay in getting the PR??

 

[sidganesh]

Also wouldn't it be a problem, to have an open ongoing court case while applying for PR...Like wouldn't it cause a negative impact or a delay in getting the PR??

I'm no lawyer but a quick Google threw up the below link which says "nikah-nama issued by qazis are admissible in evidence", i.e. legal proof of marriage. I think you should seek professional opinion.

http://lawcommissionofindia.nic.in/reports/report211.pdf

 

[Saisha]

I'm no lawyer but a quick Google threw up the below link which says "nikah-nama issued by qazis are admissible in evidence", i.e. legal proof of marriage. I think you should seek professional opinion.

http://lawcommissionofindia.nic.in/reports/report211.pdf

Thank you

 

[mr.preetsingh]

Also wouldn't it be a problem, to have an open ongoing court case while applying for PR...Like wouldn't it cause a negative impact or a delay in getting the PR??

Hey, the divorce case is not a hurdle for PR. No negative impact. Inbox me, if you would like to discuss this topic further. Happy to help.