Divorce Related Query

[CanadaGuy007]

The link that I have posted is for sponsorship. If u want to sponsor someone after u become a PR or citizen then u need to provide supporting documents as per cic requirements for the country from where u r sponsoring in ur case that will be india.

Now if after landing in Canada I decide to marry someone else and bring her with u then u need to prove that u r legally divorced from first wife. So now if u select spousal sponsorship from the drop down menu and then select india then the system will tell u that what kind of documents it requires to prove divorce from India. Note here we are not talking about your EE profile rather we r talking about what is an acceptable proof of divorce from India and this link will tell u. So all u need to do is to obtain the proof of
Divorce from
India in such a way that when u will be sponsoring your future wife and u need to prove first divorce then u should have rite documents that don’t raises red flags on Facebook he genuineness of your divorce being effective.

If u can get your documents ready as per the laws of India and following rite rules then chances r the same documents will be suffice to prove divorce in EE application because in EE application experience education , POF etc. are the main factors cic look for

Got it Jaffarlal, now my main concern is EE. I want to be ready with all the necessary documents, I dont have the documents which i got using the cic link for sponsoring partner. Don't know what to do honestly. If translated khulanama is accepted (attested by indian embassy in Qatar) during EE, it would be great.

 

[canuck_in_uk]

What if he's not in my custody as of now and I have no access to him as well for the time being?
In other words he's not dependent on me right now (which is mentioned on the islamic divorce document, as she was hellbent on getting a khula or divorce).

Doesn't matter. He is still your legal dependent and you must include him for proof of funds and get his medical. If you can't get the medical done, you will have to request that your child be excluded, which means that you could never sponsor him.

 

[CanadaGuy007]

Doesn't matter. He is still your legal dependent and you must include him for proof of funds and get his medical. If you can't get the medical done, you will have to request that your child be excluded, which means that you could never sponsor him.

Damn, i'm in a bit of a pickle now, my son is only 6 months old and I got divorced 4 months back. Will have to figure something out as medical right now is difficult.
Thanks

 

[legalfalcon]

What if he's not in my custody as of now and I have no access to him as well for the time being?
In other words he's not dependent on me right now (which is mentioned on the islamic divorce document, as she was hellbent on getting a khula or divorce).

You will still need his meds. The only way you can get away with not filing the meds if if you show that you do not have custody, i.e. your spouse has complete custody of your child.

 

[CanadaGuy007]

You will still need his meds. The only way you can get away with not filing the meds if if you show that you do not have custody, i.e. your spouse has complete custody of your child.

There is a section in the KHULANAMA i had mentioned earlier, which says that she has complete custody (Its attested by the Indian embassy in Qatar). Will that be okay?

 

[canuck_in_uk]

There is a section in the KHULANAMA i had mentioned earlier, which says that she has complete custody (Its attested by the Indian embassy in Qatar). Will that be okay?

Regardless of the custody arrangement, if you do not do your child's medical, he will be excluded and you will never be able to sponsor him.

 

[CanadaGuy007]

Folks, as i mentioned earlier, I don't have a court decree for divorce nor do i have any proof of marriage (court issued certificate) can I select the single option for getting my PR? Will during the background check this create an issue (as theres no government document and even my passport doesn't have any details of my ex-spouse)
Later on for my son il find a way out from canada using lawyers etc.
Please share your thoughts and previous experiences.
Thanks

 

[jaffaral]

Folks, as i mentioned earlier, I don't have a court decree for divorce nor do i have any proof of marriage (court issued certificate) can I select the single option for getting my PR? Will during the background check this create an issue (as theres no government document and even my passport doesn't have any details of my ex-spouse)
Later on for my son il find a way out from canada using lawyers etc.
Please share your thoughts and previous experiences.
Thanks

I would say first find a solution theN apply for PR.
I don’t know how it works in India but in Pakistan marriage has to be registered with government entity.

If it was just an Islamic nikah and no registration from any government organization then u can almost show yourself as a single applicant.

Alternatively u can mention her as your common law

 

[CanadaGuy007]

I would say first find a solution theN apply for PR.
I don’t know how it works in India but in Pakistan marriage has to be registered with government entity.

If it was just an Islamic nikah and no registration from any government organization then u can almost show yourself as a single applicant.

Alternatively u can mention her as your common law

Yes mate, thats what Im trying to do, finding a solution.
I guess as u said applying as a single applicant looks like the only option, as involving my ex is not even an option in any capacity.

 

[jaffaral]

Yes mate, thats what Im trying to do, finding a solution.
I guess as u said applying as a single applicant looks like the only option, as involving my ex is not even an option in any capacity.

I would also recommend meet a lawyer specializes in dealing with family cases

 

[CanadaGuy007]

TO show that you are divorced, you have to produce the documents that you were legally divorced. In India, getting a marriage registered is mandatory, irrespective of whether you were married under the Hindu Marriage Act, the Muslim Personal law, or the special marriage act. Also, when a marriage is annulled, it has to be legally annulled.

A marriage that took place abroad must be valid both under the laws of the jurisdiction where it took place and under Canadian federal law in order to be considered legal for immigration purposes. A marriage that is legally recognized according to the law of the place where it occurred is usually recognized in Canada, but the onus is on applicants to prove that their marriage is legal. And the same goes for the divorce.

The easier route for you would be to get a divorce decree based on your khulanamah and file that as a proof of divorce. Otherwise, you will need to file a lot of documents and can see have processing delays.

Hello, what if I don't say that I'm married as anyways I don't have an official court marriage proof. I understand for the time being I can't apply for my son but later I'll try to find a way out, as I have a genuine issue right now.
As theres no legal proof of my marriage, can I select single status while making my account. Does the background check later on check marriage related details, and if they do as my marriage nor divorce weren't registered officially will it be considered as misinterpretation?
My points are coming upto 470+,that's y I'm trying to figure out a way as I won't have a lot of time after ITA.
I hope you understand my situation and guide me through.
TIA

 

[legalfalcon]

Hello, what if I don't say that I'm married as anyways I don't have an official court marriage proof. I understand for the time being I can't apply for my son but later I'll try to find a way out, as I have a genuine issue right now.
As theres no legal proof of my marriage, can I select single status while making my account. Does the background check later on check marriage related details, and if they do as my marriage nor divorce weren't registered officially will it be considered as misinterpretation?
My points are coming upto 470+,that's y I'm trying to figure out a way as I won't have a lot of time after ITA.
I hope you understand my situation and guide me through.
TIA

The fact remains that you are married, and you chose not to follow the law by not registering your marriage. What you wish to enter in your application is entirely your choice.

Section 40 of the IRPA clearly states:


40 (1) A permanent resident or a foreign national is inadmissible for misrepresentation

• (a) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;