I suppose you are inland (in Canada)
I was in a similar situation, I applied as Legally Separated but IRCC gave me hard time asking me multiple times for divorce certificate because in one question :
Have you ever been married or in a common-law relationship?". I answered yes. Which is , in my opinion, the right thing to do but the IRCC agent was, to put it gently, mentally confused.
Anyway. you must
ASAP at least start the divorce procedure in order to show the officer that your separation is final and you do not intend to sponsor him. It will be difficult for you if you did not start the divorce process yet.
- 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 separated, your separation is final, you do not intend to reconcile and you do not intend to sponsor your ex spouse 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 right now 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
Every document you have will be in fact needed in order to prove that you are in a separated status. For example changing your martial status with CRA, Being alone on the rental agreement. Medical insurance beneficiaries are only you and your daughter for example. So everything that can prove you've been living alone and not with your husband that's add it to your application.
If IRCC needs something additional information they will reach out to you.
I wish I have been of help and good luck!