Divorce Related Query

[CanadaGuy007]

Hello All,
I am planning to apply under Express Entry, I am done with Ielts and waiting for my WES evaluation report which I'll get soon. However, I have a few questions: I was married in India as per Muslim tradition and my marriage was registered with the Muslim board (I have Niqanamah which is a marriage certificate issued by Islamic Organisation), but didnt get a chance to go to the court for marriage certificate. Subsequently, we had a baby boy and then my ex-wife wanted a divorce, so I have a Khulanamah (divorce papers by Islamic Organisation

So my first question is, will khulanamah be enough to show proof of divorce? And as my marriage wasn't registered with the government in the first place is it okay if i don't say that I am divorced whilst applying?

Additionally, as the baby is very young and is with my ex-wife for the foreseeable future, do I have to show POF for two including my son? As i'd want to keep the option open for him to join me later on.

Thanks in advance as I don't have any idea regarding this and couldn't find anything online.

 

[Elge]

You should mention that you were married even though it wasn't government registered. You should also mention your child and list him as non accompanying, that way you can sponsor him later. You need to include him in POF calculations, provide medicals, travel document and passport photograph.

 

[CanadaGuy007]

You should mention that you were married even though it wasn't government registered. You should also mention your child and list him as non accompanying, that way you can sponsor him later. You need to include him in POF calculations, provide medicals, travel document and passport photograph.

Thanks for your response.
Okay i'll mention that I was married and got divorced, but will the khulanama be enough?
Additionally, my divorce was a bit ugly, and I dont have easy access to my son, and hes around 5 months old. What should i do in this scenario?

 

[magento]

Thanks for your response.
Okay i'll mention that I was married and got divorced, but will the khulanama be enough?
Additionally, my divorce was a bit ugly, and I dont have easy access to my son, and hes around 5 months old. What should i do in this scenario?

ask @legalfalcon for this

 

[legalfalcon]

Hello All,
I am planning to apply under Express Entry, I am done with Ielts and waiting for my WES evaluation report which I'll get soon. However, I have a few questions: I was married in India as per Muslim tradition and my marriage was registered with the Muslim board (I have Niqanamah which is a marriage certificate issued by Islamic Organisation), but didnt get a chance to go to the court for marriage certificate. Subsequently, we had a baby boy and then my ex-wife wanted a divorce, so I have a Khulanamah (divorce papers by Islamic Organisation

So my first question is, will khulanamah be enough to show proof of divorce? And as my marriage wasn't registered with the government in the first place is it okay if i don't say that I am divorced whilst applying?

Additionally, as the baby is very young and is with my ex-wife for the foreseeable future, do I have to show POF for two including my son? As i'd want to keep the option open for him to join me later on.

Thanks in advance as I don't have any idea regarding this and couldn't find anything online.

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.

 

[jaffaral]

Hello All,
I am planning to apply under Express Entry, I am done with Ielts and waiting for my WES evaluation report which I'll get soon. However, I have a few questions: I was married in India as per Muslim tradition and my marriage was registered with the Muslim board (I have Niqanamah which is a marriage certificate issued by Islamic Organisation), but didnt get a chance to go to the court for marriage certificate. Subsequently, we had a baby boy and then my ex-wife wanted a divorce, so I have a Khulanamah (divorce papers by Islamic Organisation

So my first question is, will khulanamah be enough to show proof of divorce? And as my marriage wasn't registered with the government in the first place is it okay if i don't say that I am divorced whilst applying?

Additionally, as the baby is very young and is with my ex-wife for the foreseeable future, do I have to show POF for two including my son? As i'd want to keep the option open for him to join me later on.

Thanks in advance as I don't have any idea regarding this and couldn't find anything online.

If it was done in Pakistan then the suggestion that I would have given to u would have been appropriate it since it is done in India for which I have no clue then I can’t help u but to give u an advice. Make sure what ever u do is 100 percent authentic and comply with cic.

I would also suggest go thru the checklist of spousal sponsorship and select India this would tell u that how cic wants your divorce and marriage certificate from India

 

[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 khulanama and file that as a proof of divorce. Otherwise, you will need to file a lot of documents and can see have processing delays.

Thanks for your response legal falcon, I reside in Qatar and visiting courts in India is completely out of the question as my ex and her family aren't going to cooperate for sure, so I'll have to look at alternatives.
I have a nikahnama (marriage certificate) as I said earlier which was attested by the Indian embassy in Qatar while I was applying for my wife's Qatar Residency. I can get the khulanama (Divorce) Papers attested similarly as well. Can these documents be used?
Additionally, my son is not under my custody (which is mentioned in the khulanama) do I need to show POF for him as well? He certainly won't join me now, but in the future. TIA

 

[CanadaGuy007]

If it was done in Pakistan then the suggestion that I would have given to u would have been appropriate it since it is done in India for which I have no clue then I can’t help u but to give u an advice. Make sure what ever u do is 100 percent authentic and comply with cic.

I would also suggest go thru the checklist of spousal sponsorship and select India this would tell u that how cic wants your divorce and marriage certificate from India

Thanks Jaffaral, yes I'm gonna keep it authentic, could you send any relevant links if you can. TIA

 

[jaffaral]

http://www.cic.gc.ca/english/information/applications/spouse.asp

Select spouse and it will tell u how cic accept divorces from India. Note during the spousal sponsorship which u will do sometime later (inshallah) u need to prove that u r legally divorced with your first wife and what documents cic constitutes as a proof of divorce from india

Later u can also see what docs u may require if u will ever sponsor your son

 

[CanadaGuy007]

http://www.cic.gc.ca/english/information/applications/spouse.asp

Note during the spousal sponsorship which u will do sometime later (inshallah) u need to prove that u r legally divorced with your first wife and what documents cic constitutes as a proof of divorce from india

Thanks mate you are really kind, I'm a bit confused regarding this statement. To reiterate, I am divorced now and currently single.
Would appreciate if you clarify the above statement you made.
TIA

 

[CanadaGuy007]

http://www.cic.gc.ca/english/information/applications/spouse.asp

Select spouse and it will tell u how cic accept divorces from India. Note during the spousal sponsorship which u will do sometime later (inshallah) u need to prove that u r legally divorced with your first wife and what documents cic constitutes as a proof of divorce from india

Later u can also see what docs u may require if u will ever sponsor your son

Thanks for the above link mate, this is what the website says for divorce from India, unfortunately i don't have any of these.

• For divorces obtained in this country, please submit a complete divorce petition, a judgement and a Final divorce decree.

Just for my clarity, what if I don't say that I'm divorced and never married while making my profile?

 

[canuck_in_uk]

Thanks for your response legal falcon, I reside in Qatar and visiting courts in India is completely out of the question as my ex and her family aren't going to cooperate for sure, so I'll have to look at alternatives.
I have a nikahnama (marriage certificate) as I said earlier which was attested by the Indian embassy in Qatar while I was applying for my wife's Qatar Residency. I can get the khulanama (Divorce) Papers attested similarly as well. Can these documents be used?
Additionally, my son is not under my custody (which is mentioned in the khulanama) do I need to show POF for him as well? He certainly won't join me now, but in the future. TIA

You are required to show proof of funds for your son and have him medically examined for your app.

 

[jaffaral]

Thanks mate you are really kind, I'm a bit confused regarding this statement. To reiterate, I am divorced now and currently single.
Would appreciate if you clarify the above statement you made.
TIA

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

 

[jaffaral]

Thanks for the above link mate, this is what the website says for divorce from India, unfortunately i don't have any of these.

• For divorces obtained in this country, please submit a complete divorce petition, a judgement and a Final divorce decree.

Just for my clarity, what if I don't say that I'm divorced and never married while making my profile?

U may get away because u mentioned ur marriage wasn’t registered but when lithe times come for your son sponsorship or second marriage may be u will face issues

 

[CanadaGuy007]

You are required to show proof of funds for your son and have him medically examined for your app.

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).