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FSW Immigration for individual - Marriage Annulment Petition Pending in Court

h4.harry

Star Member
Aug 15, 2014
94
14
Category........
Visa Office......
NDVO
NOC Code......
4011
Job Offer........
Pre-Assessed..
App. Filed.......
01-01-2015
Interview........
NA
LANDED..........
15-02-2016
My status is as follows:
A) Married but separated from my wife, no contact at all via any communication mean, so no cooperation in getting any of her document expected.
B) Marriage Annulment Petition has been filed in court, case ongoing, can take significant time due to regular court procedures. Copy of petition, case number, etc. available if required.
C) Passport issued much before marriage, and has no mention of spouse in it.
D) looking for applying in NOC 4011 - University professors and lecturers
E) Present Citizenship - Indian

Questions:

1) What would be my legal status - Married or Legally Separated - or can I select single as passport still not having nay mention of spouse?
2) If I have to mention myself as married, I have no document at all of my wife, nor it is possible to have her signatures for any of the purpose. Can attaching the annulment petition, if its required, would serve the purpose? (It is not possible at all to get expedite annulment/divorce in judicial system I am living in, so it would take time)
3) Couldn't I classify as Legally separated as annulment case is already filed in court?
4) Do I need to get any correction (addition of spouse) in my passport?
 

tink23

Champion Member
Apr 23, 2011
1,598
36
Category........
Visa Office......
Santo Domingo
Job Offer........
Pre-Assessed..
App. Filed.......
Aug 23, 2012
File Transfer...
Oct 9, 2012
Interview........
waived
Passport Req..
Nov 26, 2012
VISA ISSUED...
Dec 4, 2012
I think you will be better off posting this in the skilled worker forum. This forum is for family sponsorship.
 

PMM

VIP Member
Jun 30, 2005
25,494
1,950
Hi


h4.harry said:
My status is as follows:
A) Married but separated from my wife, no contact at all via any communication mean, so no cooperation in getting any of her document expected.
B) Marriage Annulment Petition has been filed in court, case ongoing, can take significant time due to regular court procedures. Copy of petition, case number, etc. available if required.
C) Passport issued much before marriage, and has no mention of spouse in it.
D) looking for applying in NOC 4011 - University professors and lecturers
E) Present Citizenship - Indian

Questions:

1) What would be my legal status - Married or Legally Separated - or can I select single as passport still not having nay mention of spouse?
2) If I have to mention myself as married, I have no document at all of my wife, nor it is possible to have her signatures for any of the purpose. Can attaching the annulment petition, if its required, would serve the purpose? (It is not possible at all to get expedite annulment/divorce in judicial system I am living in, so it would take time)
3) Couldn't I classify as Legally separated as annulment case is already filed in court?
4) Do I need to get any correction (addition of spouse) in my passport?
1. Separated. You can't select single, you are still married.
2. List her as non accompanying.
3. Yes.
4. No, CIC is only interested in your name on the passport, it doesn't care whether relatives names are listed or not.
 

h4.harry

Star Member
Aug 15, 2014
94
14
Category........
Visa Office......
NDVO
NOC Code......
4011
Job Offer........
Pre-Assessed..
App. Filed.......
01-01-2015
Interview........
NA
LANDED..........
15-02-2016
PMM said:
Hi


1. Separated. You can't select single, you are still married.
2. List her as non accompanying.
3. Yes.
4. No, CIC is only interested in your name on the passport, it doesn't care whether relatives names are listed or not.
Thanks...

1. What are the proof(s) I need to attach with for showing me as separated, as there is no such court decree as there was No Restitution of Conjugal Rights (RCR) case, but I have filed a petition in court for Annulment of Marriage?
2. Is there any column/document in application which needs her signature/consent as I am unable to produce any record related to her or from her?
3. Do I need to attach copy of my Marriage Annulment Petition with Application, just in case (No order or judgement is available, in addition, till date nor it is expected so early in future)?
 

PMM

VIP Member
Jun 30, 2005
25,494
1,950
Hi


h4.harry said:
Thanks...

1. What are the proof(s) I need to attach with for showing me as separated, as there is no such court decree as there was No Restitution of Conjugal Rights (RCR) case, but I have filed a petition in court for Annulment of Marriage?
2. Is there any column/document in application which needs her signature/consent as I am unable to produce any record related to her or from her?
3. Do I need to attach copy of my Marriage Annulment Petition with Application, just in case (No order or judgement is available, in addition, till date nor it is expected so early in future)?
1. Copy of the petition.
2. No.