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

[karmadus]

Hi
1. You don’t have to count your spouse in your application as you have mentioned Legally seperated .

2. If you are applying just for yourself then the count is 1 . If you want the dependant child to come with you then the count is 2.
You have to count the number of people coming with you to Canada

There is a seperate question in the application where it is asking about your immediate family members . This is where you mention your mom dad bro sis ( people who are not accompying you to Canada but are your immediate family.

Hope this helps

See below what he needs to do. It's from CIC

Include yourself, your spouse or partner, and any children that you have, even if your spouse, partner or children will not come to Canada. Do not include your parents or any other relatives.

If you have no spouse/partner or any dependent children, put '1.'

 

[karmadus]

Hi, can anyone help me out with family member question in ITA application. If your marital status is "legally separated" in the ITA application then what should you fill me "how many family members does xyz have? Should it be just 1 or 2 ? Should you include your spouse with whom you are legally separated and what is the count if there is a dependent child? Note: i am not sponsoring anyone except myself!!

Please help urgent!!

It's okay to select "legally separated", but you still need to include them in your count as 3 since no divorce yet. There is a portion in the form where you'll be asked if the child is accompanying you; you can now select "no". Your spouse will not be recognized as a dependant since you have chosen "legally separated"

See notes below from CIC

Include yourself, your spouse or partner, and any children that you have, even if your spouse, partner or children will not come to Canada. Do not include your parents or any other relatives.

If you have no spouse/partner or any dependent children, put '1.'

 

[varun98us]

Hi All,

I am of course in stress and dilemma due to my in laws and my PR process. I am separated from my wife since August 2018, I was asked by 2-3 consultants to choose legally separated as marital status in EE pool profile.

I dont think its an good idea to change status to single now.

We have no child.

I couldnt select Single ( Marriage certificate ) , Married ( she wont be happy for me to fly and co-operate ) , Divorced ( Wife will try to hang me on for months and years may be ). What can I do without her awareness to support I am legally separated ? Because in India its quite tough to prove that.

We had no discussions with them since months and one of their relatives earlier told us , she will not give divorce and try to keep me hanging.

Also her brother's second marriage will also end in divorce, so its family history. Her mother has affair with a very rich person , so they have no issue in throwing money in judicial system.

I have just entered my profile in EE pool, all this would be required later but is there anything I can prepare in coming months.

Will an affidavit from my side , like suggested on forum help me in this case ?

I would be very thankful for your kind help and suggestions.

 

[Asiv adanac]

Hi All,

I am of course in stress and dilemma due to my in laws and my PR process. I am separated from my wife since August 2018, I was asked by 2-3 consultants to choose legally separated as marital status in EE pool profile.

I dont think its an good idea to change status to single now.

We have no child.

I couldnt select Single ( Marriage certificate ) , Married ( she wont be happy for me to fly and co-operate ) , Divorced ( Wife will try to hang me on for months and years may be ). What can I do without her awareness to support I am legally separated ? Because in India its quite tough to prove that.

We had no discussions with them since months and one of their relatives earlier told us , she will not give divorce and try to keep me hanging.

Also her brother's second marriage will also end in divorce, so its family history. Her mother has affair with a very rich person , so they have no issue in throwing money in judicial system.

I have just entered my profile in EE pool, all this would be required later but is there anything I can prepare in coming months.

Will an affidavit from my side , like suggested on forum help me in this case ?

I would be very thankful for your kind help and suggestions.

Hi, an affidavit of separation alone will not work in this situation. CIC will come back asking u for divorce certificate. What u can do is go to a good lawyer, check out what options lay in front of u for filing a contested divorce. Since ur wife is not willing to cooperate then mutual consent is out of the picture. Once u have filed an original petition, u & ur lawyer can approach the judge and request him to give u a letter from the court stating that divorce case with original petition no. xxxxxx is pending in that family court.

U can upload this court document, divorce petition document, affidavit of separation, letter of explanation to cic.

This will help u out for the time being, on a later stage of the CIC process, if CIC requests for more documents or a divorce certificate, u can request the judge to issue case summary report. Once u go thru all this remember that u will never be able to sponsor ur current wife to Canada should you guys later on choose to live together before the divorce and after ur ppr is issued.

 

[vmanojk123]

It's okay to select "legally separated", but you still need to include them in your count as 3 since no divorce yet. There is a portion in the form where you'll be asked if the child is accompanying you; you can now select "no". Your spouse will not be recognized as a dependant since you have chosen "legally separated"

See notes below from CIC

Include yourself, your spouse or partner, and any children that you have, even if your spouse, partner or children will not come to Canada. Do not include your parents or any other relatives.

If you have no spouse/partner or any dependent children, put '1.'

Thanks so much for the reponse. It is helpful

 

[Smry]

Guys,

I have already written on this thread that I have been going through a Divorce in India and sadly it is not moving as swiftly as I would like. I was very much scared if this will affect my PR application.

But guess what.. I have got my PPR. Hence, having your divorce underway and NOT having a Divorce decree while applying for PR, does not affect your application.

Along with my eAPR, I did sumit Seperation Affidavit stating that I am unable to submit my Ex's Medical and PCC and that I never intend to reconcile with her, nor willing to take her to Canada. I did not wait for CIC to come back to me with questions.

Luckily, they did not ask anything more on my marital status issue.

I wish you all the best.

Mathan

Hi,

Congratulations on your PR, I just had a few questions. I am in a exact situation as yours

A) my lawyer suggested to not put legally separated in the option of marital status in the PR application... So I did so.. is that a problem?

B ) I submitted a letter of explanation to CIC as in why I am not submitting my husband details.. which included the divorce case details..
Is letter of an explanation self signed by me enough?

C) after a few days they asked me a divorce certificate.. then I too submitted an application explaining my situation with the divorce case details.. after which I have not received any enquiry from CIC.. do you think I should still submit them a affidavit ( notarised) explaining the reason why I don't have a divorce certificate till now ?

D) the divorce case has the date of separation from my husband.. or the date since I have not coinhabited with my husband.. will they consider that as the spearation?

My last date of the time lapse of six months is in a few days.. do you think I will get my PR.. or they would reject it ?

Thank you so much in advance.

Congratulations once again

 

[scylla]

Hi,

Congratulations on your PR, I just had a few questions. I am in a exact situation as yours

A) my lawyer suggested to not put legally separated in the option of marital status in the PR application... So I did so.. is that a problem?

B ) I submitted a letter of explanation to CIC as in why I am not submitting my husband details.. which included the divorce case details..
Is letter of an explanation self signed by me enough?

C) after a few days they asked me a divorce certificate.. then I too submitted an application explaining my situation with the divorce case details.. after which I have not received any enquiry from CIC.. do you think I should still submit them a affidavit ( notarised) explaining the reason why I don't have a divorce certificate till now ?

D) the divorce case has the date of separation from my husband.. or the date since I have not coinhabited with my husband.. will they consider that as the spearation?

My last date of the time lapse of six months is in a few days.. do you think I will get my PR.. or they would reject it ?

Thank you so much in advance.

Congratulations once again

I think you should be fine since you have started divorce proceedings and it's clear you are no longer with your husband.

 

[Smry]

I think you should be fine since you have started divorce proceedings and it's clear you are no longer with your husband.

Thank you.. fingers crossed

 

[Asiv adanac]

Hi,

Congratulations on your PR, I just had a few questions. I am in a exact situation as yours

A) my lawyer suggested to not put legally separated in the option of marital status in the PR application... So I did so.. is that a problem?

B ) I submitted a letter of explanation to CIC as in why I am not submitting my husband details.. which included the divorce case details..
Is letter of an explanation self signed by me enough?

C) after a few days they asked me a divorce certificate.. then I too submitted an application explaining my situation with the divorce case details.. after which I have not received any enquiry from CIC.. do you think I should still submit them a affidavit ( notarised) explaining the reason why I don't have a divorce certificate till now ?

D) the divorce case has the date of separation from my husband.. or the date since I have not coinhabited with my husband.. will they consider that as the spearation?

My last date of the time lapse of six months is in a few days.. do you think I will get my PR.. or they would reject it ?

Thank you so much in advance.

Congratulations once again

Hi, letter of explanation from your end alone will not be enough for your situation. Chances are probably CIC has postponed your case to another 60 days. Cic demands concrete proof regarding legal separation and divorce.

If previously married, please provide CIC a divorce certificate(s), application(s) for divorce and divorce order(s) else they are bound to come back for it.

You can do the following currently and raise a CSE webform.

1) Upload your divorce petition.

2) If ur divorce is still in process at the court, you can ask the judge to issue u a letter from the court which should be signed and officially sealed and states that the following case no. with name of the petitioner and respondent is pending at the court. This letter from the court is absolutely necessary. U can speak to your divorce lawyer, he/she will be able to help you get this letter.

3) Instruct ur lawyer that u also need a case summary note so far from the judge. This summary note will consist of all the actions of the court so far with regard to your case.

For above 2 and 3, if you go ahead and explain the need clearly and patiently to the judge, he/she would be more than glad to help u out.


4) Notarised affidavit of separation and divorce case in progress declaration will help out.

5) A clear cut, short and crisp letter of explanation stating your current situation both at court and marital status.

Make one clear scanned pdf file with index and page no.s and upload all of the above.

I have no idea about the grounds or the motive of your lawyer who discouraged you from choosing marital status as 'legally seperated'.

Is this lawyer a Canadian immigration attorney or a random lawyer? Pls be advised that letters from attorneys are not valid or acknowledged by Cic so don't allow them to fool you and loot u of ur precious financial resources.

Your ideal status was' legally separated' if u were living seperate for a year from your spouse due to strained marriage at the time of filing your PR application. What is the marital status that you have put forth in your PR application? What is your Aor?

All the best. Cheers!!

 

[Smry]

Hi, letter of explanation from your end alone will not be enough for your situation. Chances are probably CIC has postponed your case to another 60 days. Cic demands concrete proof regarding legal separation and divorce.

If previously married, please provide CIC a divorce certificate(s), application(s) for divorce and divorce order(s) else they are bound to come back for it.

You can do the following currently and raise a CSE webform.

1) Upload your divorce petition.

2) If ur divorce is still in process at the court, you can ask the judge to issue u a letter from the court which should be signed and officially sealed and states that the following case no. with name of the petitioner and respondent is pending at the court. This letter from the court is absolutely necessary. U can speak to your divorce lawyer, he/she will be able to help you get this letter.

3) Instruct ur lawyer that u also need a case summary note so far from the judge. This summary note will consist of all the actions of the court so far with regard to your case.

For above 2 and 3, if you go ahead and explain the need clearly and patiently to the judge, he/she would be more than glad to help u out.


4) Notarised affidavit of separation and divorce case in progress declaration will help out.

5) A clear cut, short and crisp letter of explanation stating your current situation both at court and marital status.

Make one clear scanned pdf file with index and page no.s and upload all of the above.

I have no idea about the grounds or the motive of your lawyer who discouraged you from choosing marital status as 'legally seperated'.

Is this lawyer a Canadian immigration attorney or a random lawyer? Pls be advised that letters from attorneys are not valid or acknowledged by Cic so don't allow them to fool you and loot u of ur precious financial resources.

Your ideal status was' legally separated' if u were living seperate for a year from your spouse due to strained marriage at the time of filing your PR application. What is the marital status that you have put forth in your PR application? What is your Aor?

All the best. Cheers!!

I have uploaded my divorce petition already with the letter of explanation.

If uploading the court order given by the judge which is properly signed by the judge on the court dates is that considered enough?

Because if I ask the judge for a letter.. my husband will come to know that I am planning to go abroad.. and then they will try there level best to stop me.. which I don't want..

I will consider my lawyer again about the legally separated fact.. at the time when I had applied for the PR that time they said that if you fill as legally separated anywhere.. the respondent can use this against us in the case... At the time of my application it was not more than an year since I got legally separated.. we have been living away from each other since November 2017

I had put as married in my application form. I didn't get the meaning of aor?

 

[Asiv adanac]

Meanin

I have uploaded my divorce petition already with the letter of explanation.

If uploading the court order given by the judge which is properly signed by the judge on the court dates is that considered enough?

Because if I ask the judge for a letter.. my husband will come to know that I am planning to go abroad.. and then they will try there level best to stop me.. which I don't want..

I will consider my lawyer again about the legally separated fact.. at the time when I had applied for the PR that time they said that if you fill as legally separated anywhere.. the respondent can use this against us in the case... At the time of my application it was not more than an year since I got legally separated.. we have been living away from each other since November 2017

I had put as married in my application form. I didn't get the meaning of aor?

Hi, Aor stands for acknowledgement of receipt. Which country are u applying divorce in?

What is the court order?

NO, the request made to the judge is and should be confidential and in the judge chamber. Such sort of information do not get disclosed

Oh ok, legally separated status needs 1 year of separation minimum. Ur marital status declared for Canadian PR is strictly confidential and it won't be leaked out unless u leak it out, so don't worry yea all will work out well. The current storm will end n be calm. Peace..

 

[Smry]

Meanin


Hi, Aor stands for acknowledgement of receipt. Which country are u applying divorce in?

What is the court order?

NO, the request made to the judge is and should be confidential and in the judge chamber. Such sort of information do not get disclosed

Oh ok, legally separated status needs 1 year of separation minimum. Ur marital status declared for Canadian PR is strictly confidential and it won't be leaked out unless u leak it out, so don't worry yea all will work out well. The current storm will end n be calm. Peace..

I am applying in India. These things a lot time here.

 

[varun98us]

Hi, an affidavit of separation alone will not work in this situation. CIC will come back asking u for divorce certificate. What u can do is go to a good lawyer, check out what options lay in front of u for filing a contested divorce. Since ur wife is not willing to cooperate then mutual consent is out of the picture. Once u have filed an original petition, u & ur lawyer can approach the judge and request him to give u a letter from the court stating that divorce case with original petition no. xxxxxx is pending in that family court.

U can upload this court document, divorce petition document, affidavit of separation, letter of explanation to cic.

This will help u out for the time being, on a later stage of the CIC process, if CIC requests for more documents or a divorce certificate, u can request the judge to issue case summary report. Once u go thru all this remember that u will never be able to sponsor ur current wife to Canada should you guys later on choose to live together before the divorce and after ur ppr is issued.

Thanks for your reply, lets see how things initiate and go for me, I will keep checking more posts here to get some idea.

 

[kushsunny]

Guys,

I have already written on this thread that I have been going through a Divorce in India and sadly it is not moving as swiftly as I would like. I was very much scared if this will affect my PR application.

But guess what.. I have got my PPR. Hence, having your divorce underway and NOT having a Divorce decree while applying for PR, does not affect your application.

Along with my eAPR, I did sumit Seperation Affidavit stating that I am unable to submit my Ex's Medical and PCC and that I never intend to reconcile with her, nor willing to take her to Canada. I did not wait for CIC to come back to me with questions.

Luckily, they did not ask anything more on my marital status issue.

I wish you all the best.

Mathan

congrats... did you show fund for yourself only or you have shown fund for your Ex as well?

 

[varun98us]

I am applying in India. These things a lot time here.

Smry, could you get in touch with me, we have same situation.