Divorced deceased former spouse - Need divorce and death certificate?

[carmeloworld]

Hi.

I am sponsoring my Mexican wife for permanent residence in Canada. She divorced in 2007 and we have the divorce certificate and translation. Her former husband passed away in 2008 (is dead, deceased). Do we also need to provide the death certificate for her former husband or is it enough to provide just the divorce certificate (and translation)?

Much appreciated if anyone can provide the answer to my question.

 

[Avadava]

In my country specific document check list for the principal applicant, it states: "If your former spouse or common law partner is deceased, you must include your spouse's or partner's death certificate."

I would say you need the death certificate. Which country is your wife from? If you check the document check list for the immigrant (your wife), you should see this information under section 7 - Identity and civil status documents.

 

[wowsers]

I disagree with Avadava's advice. Once your wife divorced her former husband she is free to remarry and his subsequent death is of no conceivable interest to CIC. There is in my view no need to produce the death certificate. The statement quoted by Avadava is meant to apply only when the first marriage is terminated by reason of death; then of course that must be proved by the production of a death certificate. If you want to be doubly sure I suggest you simply attach a letter to state that the husband died after the divorce, that the death certificate is irrelevant because of the prior divorce but that one will be produced if it is essential and requested.

 

[scylla]

I disagree with Avadava's advice. Once your wife divorced her former husband she is free to remarry and his subsequent death is of no conceivable interest to CIC. There is in my view no need to produce the death certificate. The statement quoted by Avadava is meant to apply only when the first marriage is terminated by reason of death; then of course that must be proved by the production of a death certificate. If you want to be doubly sure I suggest you simply attach a letter to state that the husband died after the divorce, that the death certificate is irrelevant because of the prior divorce but that one will be produced if it is essential and requested.

I agree. You just need the paperwork from the divorce.

 

[carmeloworld]

Thanks for your help!

 

[Betina]

In my country specific document check list for the principal applicant, it states: "If your former spouse or common law partner is deceased, you must include your spouse's or partner's death certificate."

I would say you need the death certificate. Which country is your wife from? If you check the document check list for the immigrant (your wife), you should see this information under section 7 - Identity and civil status documents.

If the former spouse/partner was still your spouse/partner at the time of his death, yes, you need to show the death certificate.

If you were already divorced, what reason would they have to ask for a paper that you most likely don't even have access to? If the divorce was finalized, before the moment of his death, it doesn't matter to CIC what happened afterwards.