Divorce

[sterion75]

Hello,
I have been seperated for 7 years and decided I should probably divorce prior to sending in my application. My question is if this process isnt fully complete by the time im ready to send my application am I still ok marking the application as being divorced. Can I put down the date 7 years ago as the date of seperation? Not sure how to handle this part of the application any advice would be appreciated

Thanks

Robbie

 

[kane]

it's better if you wait until you get the divorce papers,because my cousin went through the same ordeal.
if you proceed without the proper paperwork then it will slow you down.

 

[sterion75]

So I have to wait for the decree absolute before I can send in my application?

 

[kane]

yes!! you will have to wait.

 

[sterion75]

Awww crap!

 

[oceana]

it's better if you wait until you get the divorce papers,because my cousin went through the same ordeal.
if you proceed without the proper paperwork then it will slow you down.

It has no bearing on the application processing time. He does not need to get the divorce certs finalised before applying. All he needs to do is to fill in on the forms that he is separated from his wife. Upon submission of full application to the visa office, he needs to attach a letter from his lawyer saying the following:

the divorce case is in court,
the marriage has broken down completely
there is no conjugal relationship
the wife is not travelling to canada
plans as per custody of kids - as in who has custody of the children and if they are going to canada or not. If the kids are travelling - then a letter will have to come from the wife saying she has conceeded custody to husband.

After all this, the visa office will send the main applicant a standard form which he has to take to a notary public or a commissioner of oaths for stamping. Very straightforward. What i have said is what happens in practice, the guides may say divorces and adoptions may lengthen the process - but this is not necessarily so especially where the estranged couple have agreed to split.

I have seen an application processed between January - June 2009 with divorce still pending at the courts, and the PPR has been issued to the applicant. And if one has been separated from wife for seven years, then one can add a new partner to one's application - provided they can prove that they have been in a conjugal relationship for over one year. Common law partners is recognised in canada.

Sterion75: You do not need to wait for the divorce completion before you file in your application.
Legal separation is an option you can consider, and it is even there on the imm008 generic form. If you need further info, i shall point you in the direction, all the info you need is there on the CiC site. You are good to go as long as you can do do all the steps i've stated above.

 

[kane]

if that's the case,then sterion you can try....

 

[sterion75]

Did you still add her on Additional Family Information in the spouse box or did you leave that blank?

Robbie