Separated from spouse but no separation documents and no marriage certificate either

[VS88]

Hi all,

Im from India and I got married in March 2016, we had this Indian ritual marriage ceremony, however our marriage is not registered yet. After living with each other for a year, we separated our ways and since march 2017 we are living separately.

Note that : My marriage was never registered but only Hindu wedding ceremony happened and neither do I have any proof of separation. And there is no divorce filed yet either.

Based on the above situation, please help me and suggest if I can apply for express entry and how.

How can I explain the situation to CIC and apply alone.

 

[BreakingBad]

You have to get Divorced. Start the process and make sure to include the seperation time in the divorce notice. Use that document and claim seperated in EE profile.

If you apply as Unmarried without getting divorced. Then you are giving a loaded gun to your wife. If she notify the CiC then you will have a criminal record of immigration fraud.

It doesnt matter if you register you marriage or not. In fact if you are married in India under hindu marriage act. Even if you get divorced in Canada or any foreign country legally, you wife can still file for divorce in India again and your divorce in Foreign country is void.

 

[VS88]

Hi,

Thank you so much for your reply.

But I have no proof of marriage or separation, isn't there any document that I can present like an affidavit or any statutory document stating that we are living separately for this long period.

And as of now, there is no intention from her side to file for divorce. Like she does not want to live together and also not filing for a divorce.

We are separated that's for sure but we don't have any proof of that. What are the documents that can help me out of this situation. I can mention that I would not sponsor her at all in future or anything.

Really appreciate the help.

Thanks

 

[jaymax]

You could file as a single applicant and it might work. But the way you describe your wife means if she comes to know she will not let you immigrate in peace. A police case will cause a lot of headache that can be avoided if you close this before you apply.

Its better to resolve it properly before you apply for a PR

 

[BreakingBad]

Apply for divorce and create profile as separated.
Marriage is a big deal everywhere.

You are expecting someone to say its fine to apply as single.
If you are caught you will never be able to immigrate to any country.

 

[21Goose]

If you apply as single, that’s misrepresentation. If your wife or her family notify CIC, even much after you get your PR, your PR status can be revoked and you can be deported.

As to what you can do - you need to talk to a competent lawyer. Your case is not simple and dont rely on forum posts for this kind of question. We can all give our opinion, but at the end of day, you could be banned for life from Canada, or get into trouble with the Indian police. Marital disputes can very quickly snowball into the police keeping your passport...


Marriage is a big deal in any country, and you are legally married. The Hindu marriage act does not require a marriage to be registered for it to be legal.

A major life decision like immigrating to a new country isn’t worth rushing. Take your time and get it right.

 

[VS88]

Hello guys,

Many thanks for your reply.

I won't apply as single, as definitely it will be misrepresentation. I just need to know the documents that can help me in this situation - which only I can get and without the help of my spouse.

I read somewhere that an affidavit or a statutory declaration stating the separation details, dates etc and exclusion of spouse from the application forever can also be submitted. As per which, I will never be able to sponsor her to Canada even if it's reconciled. I'm not sure though, can anybody confirm?

I will speak to a lawyer today but I think talking to CIC is a better option too.

Does anyone have contact for CIC where they can be called for such queries?

Any information will be helpful.

Thank you all

 

[orangeee]

Hello guys,

Many thanks for your reply.

I won't apply as single, as definitely it will be misrepresentation. I just need to know the documents that can help me in this situation - which only I can get and without the help of my spouse.

I read somewhere that an affidavit or a statutory declaration stating the separation details, dates etc and exclusion of spouse from the application forever can also be submitted. As per which, I will never be able to sponsor her to Canada even if it's reconciled. I'm not sure though, can anybody confirm?

I will speak to a lawyer today but I think talking to CIC is a better option too.

Does anyone have contact for CIC where they can be called for such queries?

Any information will be helpful.

Thank you all

Did you speak to a lawyer? What did your lawyer say?

 

[orangeee]

You have to get Divorced. Start the process and make sure to include the seperation time in the divorce notice. Use that document and claim seperated in EE profile.

If you apply as Unmarried without getting divorced. Then you are giving a loaded gun to your wife. If she notify the CiC then you will have a criminal record of immigration fraud.

It doesnt matter if you register you marriage or not. In fact if you are married in India under hindu marriage act. Even if you get divorced in Canada or any foreign country legally, you wife can still file for divorce in India again and your divorce in Foreign country is void.

I have the same situation with VS88. Do you need to get a divorce certificate first before applying for Permanent Residency? What if you already applied and submitted PR documents to CIC and you don't have the divorce certificate yet except for the divorce application form that I have submitted to the court and they have already stamped? Do you think CIC will accept this as a proof? Note that my status in my application is separated in which I don't have a formal document.

 

[freezbee]

I have the same situation with VS88. Do you need to get a divorce certificate first before applying for Permanent Residency? What if you already applied and submitted PR documents to CIC and you don't have the divorce certificate yet except for the divorce application form that I have submitted to the court and they have already stamped? Do you think CIC will accept this as a proof? Note that my status in my application is separated in which I don't have a formal document.

hi did u get your PR

 

[VS88]

hi did u get your PR

Best is to get divorced and then apply. It’s a bit of wait, mine was almost a year, but atleast there’s no misrepresentation.

 

[freezbee]

Best is to get divorced and then apply. It’s a bit of wait, mine was almost a year, but atleast there’s no misrepresentation.

So did u get your PR even without divorce certificate.