Divorce while Application Under process

[dholhin1]

I've submitted application for PR on Apr 26/17 with spouse as non accompanying option. Today I've got request letter from CIC to submit new Medical of my spouse within 30 days as previous one expired last month. Due to personal reasons we decided to file divorce once I get PR but now as CIC is asking medical for her and she is not allowed to go for it due to family pressure.
Shall I call to CIC and talk to them about divorce because I have no other options left?
What their answer could be any idea? I've heard that CIC accept legal documents on divorce proceeding as proof of separation.Is it true? If it yes Do I still need to wait to get divorce certificate ?

 

[dr feras]

I've submitted application for PR on Apr 26/17 with spouse as non accompanying option. Today I've got request letter from CIC to submit new Medical of my spouse within 30 days as previous one expired last month. Due to personal reasons we decided to file divorce once I get PR but now as CIC is asking medical for her and she is not allowed to go for it due to family pressure.
Shall I call to CIC and talk to them about divorce because I have no other options left?
What their answer could be any idea? I've heard that CIC accept legal documents on divorce proceeding as proof of separation.Is it true? If it yes Do I still need to wait to get divorce certificate ?

IRCC wont be able to help unless you can submit legal proof. Many people ask this question, and different countries have different divorce rules. Some countries can give legal separation quicker than divorce, some dont. If you think you can finish your divorce in time then great, you can submit it and they will remove your spouse from the application. If not, then you can submit any proof that divorce is taking place and you are waiting for procedures. Now under this option, no one will be able to tell you for sure what methodology will IRCC follow with you, as such atypical cases are dealt with based on officer discretion. They might accept it and put your application on hold till you finish your divorce is the most likely scenario in my opinion. So get at it and start doing it, dont leave your fate hanging under the control of others. It will all be good eventually. Remember IRCC deals with such cases all the time, so believe me they know what they are doing.
Good luck

 

[dholhin1]

IRCC wont be able to help unless you can submit legal proof. Many people ask this question, and different countries have different divorce rules. Some countries can give legal separation quicker than divorce, some dont. If you think you can finish your divorce in time then great, you can submit it and they will remove your spouse from the application. If not, then you can submit any proof that divorce is taking place and you are waiting for procedures. Now under this option, no one will be able to tell you for sure what methodology will IRCC follow with you, as such atypical cases are dealt with based on officer discretion. They might accept it and put your application on hold till you finish your divorce is the most likely scenario in my opinion. So get at it and start doing it, dont leave your fate hanging under the control of others. It will all be good eventually. Remember IRCC deals with such cases all the time, so believe me they know what they are doing.
Good luck

Thank you so much for your time,
"Dont leave your fate hanging under the control of others. It will all be good eventually" Hope so!!
So Do you mean I should tell CIC officer about circumstances ? I afraid if they take it misrepresentation .

 

[systems.engineer]

Thank you so much for your time,
"Dont leave your fate hanging under the control of others. It will all be good eventually" Hope so!!
So Do you mean I should tell CIC officer about circumstances ? I afraid if they take it misrepresentation .

Even if you tell your circumstances, they will need documentary proof. The proof can be from the initiation of proceedings, to a copy of the divorce order. If you need to know what exact documents, then you should ask @legalfalcon , he should be able to give you the exact documents, based on the country you are in. He is a resourceful guy and I have seen him answer this question on his thread, but could not find it now, but i am sure if you ask hi, he will be able to guide.

 

[dholhin1]

Even if you tell your circumstances, they will need documentary proof. The proof can be from the initiation of proceedings, to a copy of the divorce order. If you need to know what exact documents, then you should ask @legalfalcon , he should be able to give you the exact documents, based on the country you are in. He is a resourceful guy and I have seen him answer this question on his thread, but could not find it now, but i am sure if you ask hi, he will be able to guide.

Thank you very much for your help. I cant thank you enough.

 

[dr feras]

Thank you so much for your time,
"Dont leave your fate hanging under the control of others. It will all be good eventually" Hope so!!
So Do you mean I should tell CIC officer about circumstances ? I afraid if they take it misrepresentation .

No worries. Like i already said, explaining alone wont help, you need legal proof.
1- that you have divorce certificate
2- that you have what some countries issue and is called ( legal separation agreement)
3- when you dont have any of those 2 papers, but you can show proof that you applied already for divorce.
No matter where you are, or what the name of documents are, if you follow those simple guidelines you are good.

So 1 and 2 will be straight forward and your spouse gets removed, and no need for medicals or anything.

Third option is also fine if you cant get 1 or 2 in time, but no one will tell you how its going to be exactly dealt with, simply because like i said every case is different and now your case becomes (Atypical), so it will depend on IRCC officer judgement.

1,2,3 are all safe and you are not misrepresenting. Thousands of people apply, and IRCC clearly states that you should inform them when your marital status changes.
Good luck

 

[dholhin1]

No worries. Like i already said, explaining alone wont help, you need legal proof.
1- that you have divorce certificate
2- that you have what some countries issue and is called ( legal separation agreement)
3- when you dont have any of those 2 papers, but you can show proof that you applied already for divorce.
No matter where you are, or what the name of documents are, if you follow those simple guidelines you are good.

So 1 and 2 will be straight forward and your spouse gets removed, and no need for medicals or anything.

Third option is also fine if you cant get 1 or 2 in time, but no one will tell you how its going to be exactly dealt with, simply because like i said every case is different and now your case becomes (Atypical), so it will depend on IRCC officer judgement.

1,2,3 are all safe and you are not misrepresenting. Thousands of people apply, and IRCC clearly states that you should inform them when your marital status changes.
Good luck

To get certificate /Separation, it takes nearly about 6 months. I hope they consider no# 3 proof of proceeding. I may give a call to CIC tomorrow and let see how they are dealing my case.

 

[dr feras]

To get certificate /Separation, it takes nearly about 6 months. I hope they consider no# 3 proof of proceeding. I may give a call to CIC tomorrow and let see how they are dealing my case.

Sounds good. It will be ok. they just want to make sure that you understand that in this case you will never be able to sponsor her in future even if you re-marry. Its basically all down to the medical admissibility. When someone applies to sponsor a spouse to join them in Canada under family sponsorship, those spouses are exempted from medical excessive demand ( having a condition that will cause demand on health/social services beyond the set limit). So what they do is examine all spouses whether accompanying or not in advance during your application, if they are inadmissible, you are inadmissible too, to avoid that loophole of people not providing medicals now just to sponsor later for this reason.
Best of luck
Just trying to give you confidence that its a normal thing and happens to the best of us. I am sure if there is anything else that applies to your case/country that i havent mentioned, other members will help you as well.

 

[dholhin1]

To get certificate /Separation, it takes nearly about 6 months. I hope they consider no# 3 proof of proceeding. I may give a call to CIC tomorrow and let see how they are dealing my case.

Sounds good. It will be ok. they just want to make sure that you understand that in this case you will never be able to sponsor her in future even if you re-marry. Its basically all down to the medical admissibility. When someone applies to sponsor a spouse to join them in Canada under family sponsorship, those spouses are exempted from medical excessive demand ( having a condition that will cause demand on health/social services beyond the set limit). So what they do is examine all spouses whether accompanying or not in advance during your application, if they are inadmissible, you are inadmissible too, to avoid that loophole of people not providing medicals now just to sponsor later for this reason.
Best of luck
Just trying to give you confidence that its a normal thing and happens to the best of us. I am sure if there is anything else that applies to your case/country that i havent mentioned, other members will help you as well.

Thanks dear friend..I truly appreciate.
I'm gonna raise this issue to concerned officer right after CIC requested her medical. Does it sound suspicious? I hope not.

 

[dr feras]

Thanks dear friend..I truly appreciate.
I'm gonna raise this issue to concerned officer right after CIC requested her medical. Does it sound suspicious? I hope not.

No thats fine. They asked for the medical and she refused because relationship just broke down. Simple

 

[K0099]

did you choose married or divorce in marital status during application. I would say give a notorized explnation letter to CIC.

 

[dholhin1]

did you choose married or divorce in marital status during application. I would say give a notorized explnation letter to CIC.

Married but not accompanying ..Yes I'll give explanation but legal separation docs more important.

 

[K0099]

which country are you applying divorce?

 

[Vishnutorres]

Plz any updates about your case I'm in the same ship...
Thanks

 

[Vishnutorres]

Married but not accompanying ..Yes I'll give explanation but legal separation docs more important.

Hi
Plz any update about your case thaks