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ASKING FOR DIVORCE CERTIFICATE - NOT DIVORCED YET

AJ1234

Full Member
May 17, 2014
29
1
Category........
Visa Office......
Rome
Job Offer........
Pre-Assessed..
App. Filed.......
17-07-2015
AOR Received.
23-07-2015
File Transfer...
21-09-2015
Med's Request
Upfront - then expired - requested new medical 30-11-2016
Med's Done....
22-12-2016
Hi. My partner and I applied through spousal sponsorship (common law) in July 2015, we received a letter from Rome requesting some additional information...
The one that is concerning is they are asking for a divorce certificate, however my partner is not legally divorced yet.
He had been separated approximately 2 years when we sent the application. Because my partner's ex has cut off all contact we sent a statutory declaration (notorized) for separation with the application in hopes that this would be sufficient until divorce is final.
Does anyone have experience with situation like this?

Any advice would be appreciated.
Thank you
 

truesmile

Champion Member
Jun 7, 2012
2,622
94
Category........
Visa Office......
MNL
Job Offer........
Pre-Assessed..
App. Filed.......
25-05-2012
AOR Received.
18-07-2012
File Transfer...
24-07-2012
Med's Done....
18-05-2012
Interview........
WAIVED
Passport Req..
05-12-2012
VISA ISSUED...
08-01-2013
LANDED..........
02-02-2013
Who is who? Are you the sponsor, or is your spouse (the one waiting for the divorce to be official), the sponsor?
 

taffy7

Champion Member
May 23, 2013
2,482
69
Category........
Visa Office......
London
Job Offer........
Pre-Assessed..
App. Filed.......
10th April 2014/June 10th 2014 application complete
Doc's Request.
09 June 2014 same doc's requested again 6th Oct 2014. docs not needed again mistake by cic
AOR Received.
sponsorship approval 05 Aug 2014
File Transfer...
05 Aug 2014
Med's Request
28 July 2015
Med's Done....
30th Dec 2013
Passport Req..
in process 18th July 2015/ DM 5/12/2015
LANDED..........
28/12/2015
You don't need to be divorced to sponsor your partner . So i'm thinking someone has made an error here. You may want to send a case specific inquiry.
 

Alurra71

VIP Member
Oct 5, 2012
3,238
309
Ontario
Visa Office......
Vegreville
App. Filed.......
07-12-2012
AOR Received.
21-01-2013
Interview........
waived
VISA ISSUED...
28-11-2013
LANDED..........
19-12-2013
Taffy is correct. You don't need to be officially divorced, however, barring having the certificate because the divorce is not yet finalized, I would send them a copy of the divorce paperwork along with another declaration of separation from the previous spouse. I would also include a letter explaining it all again. Sometimes the VO is not as avid as they should be about reading ALL of the paperwork that you've included. I know it's a pain in the arse to write it all again, but it's worth it.

Good luck.
 

AJ1234

Full Member
May 17, 2014
29
1
Category........
Visa Office......
Rome
Job Offer........
Pre-Assessed..
App. Filed.......
17-07-2015
AOR Received.
23-07-2015
File Transfer...
21-09-2015
Med's Request
Upfront - then expired - requested new medical 30-11-2016
Med's Done....
22-12-2016
I am the sponsor. We are trying to find out if any divorce has actually been filed, because he has been in Canada with me for almost two years and the ex-wife has cut off all contact. Is it possible to check to see if anything has been filed in the country he was married (Italy)? And if nothing has been filed, is it possible for him to file for divorce from Canada if he is not a PR?

Thanks for the replies, freaking out a little here!
 

taffy7

Champion Member
May 23, 2013
2,482
69
Category........
Visa Office......
London
Job Offer........
Pre-Assessed..
App. Filed.......
10th April 2014/June 10th 2014 application complete
Doc's Request.
09 June 2014 same doc's requested again 6th Oct 2014. docs not needed again mistake by cic
AOR Received.
sponsorship approval 05 Aug 2014
File Transfer...
05 Aug 2014
Med's Request
28 July 2015
Med's Done....
30th Dec 2013
Passport Req..
in process 18th July 2015/ DM 5/12/2015
LANDED..........
28/12/2015
I would go and ask a lawyer that , but from what i know from Divorce i think he can file here. It has been 2 years he don't need his wife's approval.