I am sepreated, but not divorced . Ircc request for divorce certificate . What can do?
- Thread starter yasir0831
- Start date
If IRCC is asking for a divorce certificate but you are only separated, explain your situation to them and ask if they will accept other documents as proof, such as a separation agreement. If they require the divorce certificate, you'll need to start the divorce process in your territory.
Please don't provide bad advice. You are risking someone's application and will cost them time, money and mental health.
hahaha story of my life@sabensaid92 your thoughts on what OP should provide?
Hi @yasir0831, I've been in a similar situation. tell me first when you were answering the questions or your IRCC profile, you mentioned you were legally separated I suppose?
What did you answer for the following question :
Has (XXX Your Name) ever been married or in a common-law relationship?".
If you've answered yes what did you answer for this question :
How did the relationship end?
The choice of answers here is limited to "Marriage annulled," "Divorce," "Death of spouse," "End of common-law relationship.".
Please tell me what you did I'll follow up after and tell you what you can do
I'll be honest with you, It will be difficult for you if you did not start the divorce process. You must at least start the procedure in order to show the officer that your separation is final and you do not intend to sponsor her. So here is what you need to do
- So first what you will need to do is to start the divorce. Get a paper from the court with your file or case number proving you have filed a divorce case
- Go to a notary or a lawyer (or any certified commissioner to have a legalized affidavit) and have a signed affidavit stating that you are right now seperated, your separation is final, you do not intend to reconcile and you do not intend to sponsor her in the future into Canada
- Write an explanation letter in response to IRCC request using the font ARIAL size 14. You need to use short sentences explaining your situation right now, that you have started the divorce process (see attachement your court documents that you will provide), You explain why you cannot provide divorce certificate (example the case is still in the divorce court and not finalized) and that your separation is final and you will not sponsor your ex into Canada ( see attachement 2 the legalized affidavit)
- Sign your explanation letter and don't forget to put your name, IRCC's application number and your UCI if you have it. Remember always short sentence (use bullet points if you need) and straight to point. keep it short and sweet
Hi Yasir, I just wanted to check with you, whether you already got the PR ? I'm in the same situation, I've just submitted all the documents, letters, affidavits, even a letter from my lawyer and court. Now I'm waiting for their response. I jst want to know whether this actually works, or they are in particular with teh divorce certificate. Please let me know, this is a huge stressful situation for me. Any advise would greatly be appreciate.
@sabensaid92 Please let me know whether you got PR without the divorce certificate. I'm in the same boat, and i provided all these letters and affidavits instead of teh divorce certificate. Just want to make sure IRCC is accepting that
Hello. My family is in the process for PR. I have a daughter from my first marriage. I have a court verdict where her father is completely deprived of parental rights, which I have attached with the documentation. Now they are asking me for his consent so that she can get PR. I am confused and worried because I don't know where he has been for the last 16 years. She is 17
Does anyone know if a verdict of complete parental deprivation is enough to get a PR. Thank you in advance
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/dependent-children.html
Custody issues: dependent children
Applicants who have included in their application children who are subject to custody orders must provide proof that they are allowed to remove the children from the area of jurisdiction of the court. The parent or legal guardian overseas must provide written consent for the child to travel to Canada for the purposes of becoming a permanent resident. A court order is acceptable in cases where that person is unwilling to provide consent.
Non-accompanying parents or guardians and former spouses or common-law partners must complete and submit a Declaration from Non-Accompanying Parent/Guardian for Minors Immigrating to Canada form [IMM 5604] (PDF, 609.23KB) for each applicable child. The applicant is expected to make every reasonable effort to contact and obtain written consent from the other parent.
Custodial matters can be complicated, as family law varies from country to country, and should be assessed on a case-by-case basis. As a rule, where no consent is provided by the other parent, the onus is on the applicant to provide evidence that they have sole custody of a dependant and to verify that the non-accompanying parent does not have custody of the child or any objection to the removal of the child from the country of origin.
If the parents share custody of the child, IRCC must usually obtain written confirmation from the other parent that they have no objection to the child being processed for permanent residence in Canada. Where parents share custody of a child pursuant to a written agreement stating that the child is not able to travel to Canada permanently, it is necessary for the original agreement to be amended or replaced with a new agreement allowing the child to come to Canada and live with the parent who is seeking to move here.
This ensures that processing the dependent child for permanent residence does not violate the terms of any custodial order or agreement or foreign laws and respects the principles underlying international conventions to which Canada is party.
In cases where a Canadian court finds that a child has been wrongfully removed to or retained in Canada under the Hague Child Abduction Convention and that no exception under the Convention applies, the court has the duty to order the return of the child to their state of habitual residence, even if the child was being processed for permanent residence in Canada.
In Canada, the best interests of the child are the only consideration in matters relating to their custody. Where a dependent child is the principal applicant, an IRCC officer must review the full circumstances of the case and exercise good judgment in deciding to proceed to process a dependent child for permanent residence where written confirmation of no objection from the other parent cannot, for all practical purposes, be obtained. The main objectives are to ensure that such a decision does not risk violating any rights or claim the other parent may have to custody and not to contradict foreign laws or principles underlying international conventions to which Canada is party.
Please how did you do it? I just got a request letter to submit my divorce certificate and I am still in court.