Experts plz help. My Canadian husband is unwilling to provide docs/info for my EE file. What to do?

[deep143]

Dear Experts,
Please help me out.
I got married about 3 years back. After marriage my canadian husband sponsered me through spouse visa but later on he withdrew the application. Things got worse and we are not in touch anymore.

Now I applied through express entry and got my ITA recently and have gathered all docs for my PR application submission. But as I'm filling information for my canadian spouse, it is asking me for his proof of PR. I only have our marriage certificate, his OCI card and expired passport (which got expired one year back), which system isn't accepting and is asking for valid document. I don't have his any other document regarding his canadian citizenship. He doesn't know that I'm applying through express entry and would not provide any information/docs if i ask because he doesn't want me to be there.

After doing all the hardwork for IELTS and other things and getting ITA, this situation is very depressing for me.

Please advice me what should I do?
Thanks in advance!

 

[canadalife1234]

Dear Experts,
Please help me out.
I got married about 3 years back. After marriage my canadian husband sponsered me through spouse visa but later on he withdrew the application. Things got worse and we are not in touch anymore.

Now I applied through express entry and got my ITA recently and have gathered all docs for my PR application submission. But as I'm filling information for my canadian spouse, it is asking me for his proof of PR. I only have our marriage certificate, his OCI card and expired passport (which got expired one year back), which system isn't accepting and is asking for valid document. I don't have his any other document regarding his canadian citizenship. He doesn't know that I'm applying through express entry and would not provide any information/docs if i ask because he doesn't want me to be there.

After doing all the hardwork for IELTS and other things and getting ITA, this situation is very depressing for me.

Please advice me what should I do?
Thanks in advance!

Are you still married or divorced?

If you get divorced or separate first then you shouldn't have to provide such detail. If i were you I would seek legal counsel.

 

[deep143]

I'm still married. I had discussed it with few immigration lawyers but all of them have different opinions.

I don't know what to do. If there is anyone who was/is in similar situation, they could have helped.

Are you still married or divorced?

If you get divorced or separate first then you shouldn't have to provide such detail. If i were you I would seek legal counsel.

 

[canadalife1234]

I'm still married. I had discussed it with few immigration lawyers but all of them have different opinions.

I don't know what to do. If there is anyone who was/is in similar situation, they could have helped.

I'm sorry you're in such a situation.

You can wait here to see if anyone has had a similar situation but if you want to apply independently of your husband without his details then you need to at least legally separate. I can't stress enough that you should retain a lawyer for this situation - you may not be able to find someone on here who has gone through the same thing.

 

[deep143]

Thanks for your reply. Appreciate it.

Can you please advice about difference between divorce and legally separated??

I mean what process and documentation should one go through in case of legally separated? Does it happen only with consent of both partners or can one of them get legally separated on their own (coz my husband won't go through any process or documentation) ??

Too many questions I know but it will be great if you can help.

 

[dodogirl]

I understand that you are in a dilemma. The best thing would be for you to either speak to your husband to get the documents or see a lawyer. I dont know for how long you are living away from your husband and why he withdrew his sponsorship. For how long have you been living in Canada?

 

[deep143]

I'm not in canada. I'm in India and he is in Canada. He has dual citizenship of India and Canada. I haven't been there. We are not in touch for last 2 years now.

He won't help at all, I know this. And my past experience with lawyers hasn't been good. They just keep us hopeful and keep lengthening the process so that they keep on getting their fee.

I understand that you are in a dilemma. The best thing would be for you to either speak to your husband to get the documents or see a lawyer. I dont know for how long you are living away from your husband and why he withdrew his sponsorship. For how long have you been living in Canada?

 

[dodogirl]

I'm not in canada. I'm in India and he is in Canada. He has dual citizenship of India and Canada. I haven't been there. We are not in touch for last 2 years now.

He won't help at all, I know this. And my past experience with lawyers hasn't been good. They just keep us hopeful and keep lengthening the process so that they keep on getting their fee.

I dont know the reasons your marriage broke down and here is not the appropriate place to discuss these things but how can you live 'married' to someone if you havent been in touch for the last 2 years? Why didnt you get divorced? In some countries if husband and wife havent lived together for two years or more and no communication you can automatically get divorced. You need to check the laws in your country and apply for divorce.

As for the documents to submit for your ITA, i am sorry i dont think there is much i can do to help.

Goodluck and be brave.

 

[canadalife1234]

I'm not in canada. I'm in India and he is in Canada. He has dual citizenship of India and Canada. I haven't been there. We are not in touch for last 2 years now.

He won't help at all, I know this. And my past experience with lawyers hasn't been good. They just keep us hopeful and keep lengthening the process so that they keep on getting their fee.

So... you're married and he won't give you a divorce?

Again, please consult with a lawyer and don't take anything we say on here as legal advice. You could look into getting a separation agreement https://www.canada.ca/en/financial-consumer-agency/services/getting-separated-divorced/legal-matters.html or apply as legally separated since you have been living apart for two years. I believe that if you can prove you have been living apart you can claim that you are legally separated without your spouse signing anything.

Having said this, you are still legally married to this person. If you don't want to be married to him anymore then get yourself a lawyer you can trust and take his ass to court. Get yourself out of this negative situation because it's bad for your health, sis.

Also, depending on what province he is in and you would like to be in, people here can probably recommend local Canadian lawyers that will be able to assist either from the marriage side or the immigration side.

 

[deep143]

Thanks for your advices.

Yes he won't give me a divorce because he knows that we aren't married as per canadian law and he can marry again there without divorcing me.

Divorce without mutual consent here in India is very lengthy process. I know few couples in my society who are still fighting in court for 7-8 years and still no result.
Even a mutual consent divorce will take a year here.

I think i should take legal advice from lawyer about separation. It would be less time consuming i guess. Right now I'm more worried about my post ITA documentation. Once i land there then i can decide and act about divorce. Anything I do from here, won't make any difference to his life.

Thanks again!

So... you're married and he won't give you a divorce?

Again, please consult with a lawyer and don't take anything we say on here as legal advice. You could look into getting a separation agreement https://www.canada.ca/en/financial-consumer-agency/services/getting-separated-divorced/legal-matters.html or apply as legally separated since you have been living apart for two years. I believe that if you can prove you have been living apart you can claim that you are legally separated without your spouse signing anything.

Having said this, you are still legally married to this person. If you don't want to be married to him anymore then get yourself a lawyer you can trust and take his ass to court. Get yourself out of this negative situation because it's bad for your health, sis.

Also, depending on what province he is in and you would like to be in, people here can probably recommend local Canadian lawyers that will be able to assist either from the marriage side or the immigration side.

 

[deep143]

Yes I will have to be brave because I don't have any other options.

Thanks a lot.

I dont know the reasons your marriage broke down and here is not the appropriate place to discuss these things but how can you live 'married' to someone if you havent been in touch for the last 2 years? Why didnt you get divorced? In some countries if husband and wife havent lived together for two years or more and no communication you can automatically get divorced. You need to check the laws in your country and apply for divorce.

As for the documents to submit for your ITA, i am sorry i dont think there is much i can do to help.

Goodluck and be brave.

 

[dodogirl]

Yes I will have to be brave because I don't have any other options.

Thanks a lot.

You should stop thinking about him and think about you. Did you do registered marriage? If yes, then i dont think he can just get married without a proper divorce in Canada. Canadian rules are very strict.

Why would he not give you divorce on mutual consent? Send him an email or ask your parents to speak to him or his parents and explain that since marriage has broken down both of you need to move on with life and you will apply to divorce and he should accept.

 

[deep143]

Yes our marriage is registered. I have tried everything and anything I do from here doesn't affect him. So I pledged to go there and then take actions. I did everything so well about my express entry preparations but this one document related to his PR is stopping me now.

Hopefully I will find a way.

You should stop thinking about him and think about you. Did you do registered marriage? If yes, then i dont think he can just get married without a proper divorce in Canada. Canadian rules are very strict.

Why would he not give you divorce on mutual consent? Send him an email or ask your parents to speak to him or his parents and explain that since marriage has broken down both of you need to move on with life and you will apply to divorce and he should accept.

 

[canadalife1234]

Yes our marriage is registered. I have tried everything and anything I do from here doesn't affect him. So I pledged to go there and then take actions. I did everything so well about my express entry preparations but this one document related to his PR is stopping me now.

Hopefully I will find a way.

Get yourself to Canada on your own merit YOU DESERVE IT and then once you're there take his ass to court. He doesn't own you. There's a better life out there for you but it just might take a bit of time to get it. Get yourself an awesome lawyer who will have your best interests at heart.

I wish you the very best of luck.

 

[canuck_in_uk]

Thanks for your advices.

Yes he won't give me a divorce because he knows that we aren't married as per canadian law and he can marry again there without divorcing me.

Divorce without mutual consent here in India is very lengthy process. I know few couples in my society who are still fighting in court for 7-8 years and still no result.
Even a mutual consent divorce will take a year here.

I think i should take legal advice from lawyer about separation. It would be less time consuming i guess. Right now I'm more worried about my post ITA documentation. Once i land there then i can decide and act about divorce. Anything I do from here, won't make any difference to his life.

Thanks again!

You are married as per Canadian law. If he marries someone else before divorcing you, he will be committing bigamy, which is illegal in Canada.

As he lives in Canada, you can file for divorce in Canada. You will need to hire a divorce lawyer here to act on your behalf but it will be far easier and faster than divorcing in India.

There is no need to see a lawyer about separation, as you are already considered legally separated. Canada does not have a formal legal separation process.