Hi @sabensaid92, been following your post here. I am on the same boat. IRCC also asked for divorce certificate. I haven't applied for divorce here in Canada but I already have a pending annulment petition in my home country. Do you think those annulment related papers is sufficient enough or should I start my divorce application now?
I am sepreated, but not divorced . Ircc request for divorce certificate . What can do?
- Thread starter yasir0831
- Start date
Every document will be in fact needed in order to prove that you are in a separated status. If IRCC needs something additional they will reach out to you. but yes those annuellement papers are very important
@sabensaid92 hello, im in the same boat , and they also asked me for a divorced certificate even after i already sent divorce filing document from my home country (Tunisia), but the the divorce takes a lot of time. should i send an updated document ( showing next hearing date) or solething else? Also is it absolutely necessary to send an affidavit stating that i will not sponsor her in the future, since i already said that in the previous LoE ?
Yes, if you have a hearing scheduled send the update with an explanation letter (convocation au tribunal etc... )
for the Affidavit yes it is necessary also. At least this is how I did it...
Thank you so much for your answer ! I really appreciate it. Do you have any idea how to make an affidavit in france?
You have two options:
Either go to La Mairie, and do Assermentation ou legalisation de signature. Or you can go to a Notary ( Notaire ) and ask to do a declaration de séparation ( check Neonotario.com)
I don't have my documents here with me right now but I can email you of you want a sample of an affidavit you can do at la Mairie
valiantologist
Member
UPDATE
My Timeline
23rd July 2023 BCPNP Nomination
29th July 2023 ITA
28th Nov 2023 ADR for court papers
3rd Dec 2023 Submited notarized court papers. Along with an affidavit from the Indian lawyer stating that divorce case is ongoing.
2nd Jan 2024 ADR for divorce decree
9th Jan I responded with a LOE stating that my divorce is ongoing
25th Feb 2024 - Submitted Statutory Declaration (for never sponsoring my ex) alongwith 9 Testimonials from daughter, family, colleagues and friends (including canadian citizens)
15th April 2024 - We inquired for a response through MP's office.
25th April 2024 - We again got a response to submit divorce decree.
18th Nov 2024 - I submitted a letter from the lawyer stating the explanation that my divorce is ongoing along with a counselling order from the court counsellor stating that counselling had failed and that reconciliation was not possible and details and translated divorce proceedings documents
21st Nov 2024 - I received an acknowledgement from IRCC that they had recieved the divorce documents and that they are yet to review them
10th Dec 2024 - I receive a response from the IRCC stating that they understand that these proceedings take time hence my PR is on hold untill I submit my divorce decree.
31st Jan 2025 - I wrote a Plea mail to IRCC requesting to be considered as a legally seperated application. Adding all supporting documents.
18th Feb 2025 - Received a request for Schedule A Background Declaration for me and my daughter
18th Feb 2025 - Also receive a request to attest that my ex-spouse will not be further allowed to be sponsored by me.
In India court we tried to expedite the divorce process but my spouse is non-coperative and we couldn't formalize a settlement.
My Timeline
23rd July 2023 BCPNP Nomination
29th July 2023 ITA
28th Nov 2023 ADR for court papers
3rd Dec 2023 Submited notarized court papers. Along with an affidavit from the Indian lawyer stating that divorce case is ongoing.
2nd Jan 2024 ADR for divorce decree
9th Jan I responded with a LOE stating that my divorce is ongoing
25th Feb 2024 - Submitted Statutory Declaration (for never sponsoring my ex) alongwith 9 Testimonials from daughter, family, colleagues and friends (including canadian citizens)
15th April 2024 - We inquired for a response through MP's office.
25th April 2024 - We again got a response to submit divorce decree.
18th Nov 2024 - I submitted a letter from the lawyer stating the explanation that my divorce is ongoing along with a counselling order from the court counsellor stating that counselling had failed and that reconciliation was not possible and details and translated divorce proceedings documents
21st Nov 2024 - I received an acknowledgement from IRCC that they had recieved the divorce documents and that they are yet to review them
10th Dec 2024 - I receive a response from the IRCC stating that they understand that these proceedings take time hence my PR is on hold untill I submit my divorce decree.
31st Jan 2025 - I wrote a Plea mail to IRCC requesting to be considered as a legally seperated application. Adding all supporting documents.
18th Feb 2025 - Received a request for Schedule A Background Declaration for me and my daughter
18th Feb 2025 - Also receive a request to attest that my ex-spouse will not be further allowed to be sponsored by me.
In India court we tried to expedite the divorce process but my spouse is non-coperative and we couldn't formalize a settlement.
valiantologist
Member
I recieved the below request letter:
This is in reference to your application for permanent residence to Canada.
All family members, whether accompanying or not, are required to undergo a medical exam, criminality and security clearances to ensure they are not inadmissible, pursuant to R70(1)(e).
70 (1) An officer shall issue a permanent resident visa to a foreign national if, following an examination, it is established that the foreign national and their family members, whether accompanying or not, are not inadmissible.
Since the divorce proceeding has not been concluded, your separated spouse remains a family member as per R1(3)(a) for the purposes of examination requirements.
The only relief that is available for not meeting this requirement of the Act is based on humanitarian and compassionate circumstances. If you feel your situation warrants this relief, you must submit documentation to support your request. The onus is on you to substantiate your request for relief on humanitarian and compassionate grounds.
Humanitarian and compassionate relief is reserved for exceptional cases. If your request for humanitarian and compassionate relief is approved, be aware that you will not be able to sponsor your non-examined dependent(s) at later date as a member of the family class pursuant to section 117(9)(d) of the Immigration and Refugee Protection Regulations which states:
117(9)(d) A foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if subject to subsection (10), the sponsor previously made an application for permanent residence and became a permanent resident and, at the time of that application, the foreign national was a non-accompanying family member of the sponsor and was not examined.
Please sign the attached declaration acknowledging that you will not be able to sponsor him/her as a member of the family class in the future.
The above requested document must be received within 07 days of the day of this letter.
This is in reference to your application for permanent residence to Canada.
All family members, whether accompanying or not, are required to undergo a medical exam, criminality and security clearances to ensure they are not inadmissible, pursuant to R70(1)(e).
70 (1) An officer shall issue a permanent resident visa to a foreign national if, following an examination, it is established that the foreign national and their family members, whether accompanying or not, are not inadmissible.
Since the divorce proceeding has not been concluded, your separated spouse remains a family member as per R1(3)(a) for the purposes of examination requirements.
The only relief that is available for not meeting this requirement of the Act is based on humanitarian and compassionate circumstances. If you feel your situation warrants this relief, you must submit documentation to support your request. The onus is on you to substantiate your request for relief on humanitarian and compassionate grounds.
Humanitarian and compassionate relief is reserved for exceptional cases. If your request for humanitarian and compassionate relief is approved, be aware that you will not be able to sponsor your non-examined dependent(s) at later date as a member of the family class pursuant to section 117(9)(d) of the Immigration and Refugee Protection Regulations which states:
117(9)(d) A foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if subject to subsection (10), the sponsor previously made an application for permanent residence and became a permanent resident and, at the time of that application, the foreign national was a non-accompanying family member of the sponsor and was not examined.
Please sign the attached declaration acknowledging that you will not be able to sponsor him/her as a member of the family class in the future.
The above requested document must be received within 07 days of the day of this letter.
valiantologist
Member
The below was the form attached along to sign and notarize and respond
SIGNING THIS FORM DOES NOT ABSOLVE YOU FROM THE REQUIREMENT OF EXAMINATION NOR DOES IT MEAN THAT YOUR APPLICATION WILL BE APPROVED****
Please sign and return.
I have read and understood the contents of this letter and by signing and returning this declaration I am confirming that:
I have made every attempt to have my non-accompanying dependant ___________________________ examined for immigration purposes, without success. I acknowledge that, since the above dependant is not being examined, I will not be able to sponsor him/her in future under the family class, in accordance with R117(9)(d) of the Immigration and Refugee Protection Regulations.
___________________________________ ___________________
Signature of Principal Applicant Date
______________________________
Name and Signature of Notary Public Date
Please scan and upload the required document(s) directly to your IRCC Secure Account.
They sent me this for to notarize and respond.
SIGNING THIS FORM DOES NOT ABSOLVE YOU FROM THE REQUIREMENT OF EXAMINATION NOR DOES IT MEAN THAT YOUR APPLICATION WILL BE APPROVED****
Please sign and return.
I have read and understood the contents of this letter and by signing and returning this declaration I am confirming that:
I have made every attempt to have my non-accompanying dependant ___________________________ examined for immigration purposes, without success. I acknowledge that, since the above dependant is not being examined, I will not be able to sponsor him/her in future under the family class, in accordance with R117(9)(d) of the Immigration and Refugee Protection Regulations.
___________________________________ ___________________
Signature of Principal Applicant Date
______________________________
Name and Signature of Notary Public Date
Please scan and upload the required document(s) directly to your IRCC Secure Account.
They sent me this for to notarize and respond.
Despite the strongly worded and somewhat scary language in the upper part of this, I think that if you read between the bureaucratic lines of this letter, it's the last two sentences that are the substance.
I interpret this to mean that they've (basically) agreed with the substance of your requests, and they're formalizing with your signature / acceptance that the condition for this is your acknowledgement that you can't sponsor your ex in future. Sign and return it and that will hopefully be the end of the process (although will of course take some time for them internally).
Warning, I don't know the full history - I assume you don't need to write any more here about the H&C relief (i.e. that you've already substantiated your request and this does constitute their provisional agreement it warrants relieff). It won't hurt of course to refer to that previous correspondence, or if any doubt, to write a (short) summary or include a copy - use your judgment.
H
hello, I'm in the same situation. I'm filing the ITA online but it's asking how did the relationship end? I can't fill divorce because I'm not , the only close option is ended common law . There is no option for separated. Pls what should I do?
valiantologist
Member
Hi, your relationship hasn't ended. So perhaps you are mentioning yourself as divorce. Please mention self as legally seperated if your divorce case is ongoing.
Be very careful as any misrepresentation can result in an aftermath and/ or rejection.