Ex wont divorce me

[Janinemonty]

Hello,

Im eligiable to apply to join the pool in December but my Ex has told me he is refusing to divorce me.

My ex did file papers for divorce in June 2018 which I have copies of but he has now changed his mind.

He has a fiancee and a baby so he has no intention of joining me here but most likely wont sign an affidavit. Legal separation is also not a thing in Northern Ireland and I cant get a divorce without his consent for another 3 years.

Can anyone give any advice of what I should do? Is all hope gone?

 

[cansha]

Hello,

Im eligiable to apply to join the pool in December but my Ex has told me he is refusing to divorce me.

My ex did file papers for divorce in June 2018 which I have copies of but he has now changed his mind.

He has a fiancee and a baby so he has no intention of joining me here but most likely wont sign an affidavit. Legal separation is also not a thing in Northern Ireland and I cant get a divorce without his consent for another 3 years.

Can anyone give any advice of what I should do? Is all hope gone?

You need legal advice on this one. @legalfalcon is the right person to advise.

 

[roysanchez]

You can apply as an individual even though you’re married. Just say no when the site ask you if your husband is accompanying you.

I believe all you need to do is explain your reasons both in the field where they ask you and in the letter of explanation.

 

[cansha]

You can apply as an individual even though you’re married. Just say no when the site ask you if your husband is accompanying you.

I believe all you need to do is explain your reasons both in the field where they ask you and in the letter of explanation.

Only issue I see with this is that even if spouse is non accompanying they are required to do medicals and PCC. And I think in OP's case spouse may not be willing to do so. Hence, I suggested to take legal advice.

 

[Janinemonty]

Only issue I see with this is that even if spouse is non accompanying they are required to do medicals and PCC. And I think in OP's case spouse may not be willing to do so. Hence, I suggested to take legal advice.

Yes he knows I need a divorce for my visa and he is still refusing so he wouldnt be willing to do a medical and PCC.

 

[scylla]

Hello,

Im eligiable to apply to join the pool in December but my Ex has told me he is refusing to divorce me.

My ex did file papers for divorce in June 2018 which I have copies of but he has now changed his mind.

He has a fiancee and a baby so he has no intention of joining me here but most likely wont sign an affidavit. Legal separation is also not a thing in Northern Ireland and I cant get a divorce without his consent for another 3 years.

Can anyone give any advice of what I should do? Is all hope gone?

As long as you have filed for divorce - there shouldn't be a problem and your ex will not be called for a medical. You can provide paperwork to prove that the divorce has been filed - that's all you need. The divorce doesn't have to be finalized. As an aside, he sounds like an *ss. Sorry you're dealing with this.

 

[canuck_in_uk]

Yes he knows I need a divorce for my visa and he is still refusing so he wouldnt be willing to do a medical and PCC.

Agree with scylla. You have the papers showing he filed for divorce, so go ahead and apply without him.

 

[zardoz]

Yes he knows I need a divorce for my visa and he is still refusing so he wouldnt be willing to do a medical and PCC.

Divorce him on the grounds of adultery. In England at least, consent is not required for that. Talk to a lawyer about your options.

 

[EE456]

Hello,

Im eligiable to apply to join the pool in December but my Ex has told me he is refusing to divorce me.

My ex did file papers for divorce in June 2018 which I have copies of but he has now changed his mind.

He has a fiancee and a baby so he has no intention of joining me here but most likely wont sign an affidavit. Legal separation is also not a thing in Northern Ireland and I cant get a divorce without his consent for another 3 years.

Can anyone give any advice of what I should do? Is all hope gone?

What does "he has now changed his mind" mean ? If he withdrew the divorce petition. Initiate divorce proceedings yourself, provide proof of that and eventually you can also include in your LOE that you will not be sponsoring him in the future, proof of your marriage having broken down would be an added bonus.

This way he shouldn't be able to hinder your application in any way but your application could take a bit longer because presumably IRCC will want to see a divorce certificate, however, if the proceedings will take years, in that case only expect a few months delay.

 

[dodogirl]

I agree with the above members. Also, you can say that he has already moved on with his life having a fiance and baby. This is ground enough to show that the marriage has broken down and you should automatically get a divorce if you file for one.