Is Proof of first divorce required after remarriage? wife is non accompanying

[canadian2709]

Dear members,

I have a concern regarding the proof of divorce in case the applicant has remarried. Does CIC ask for divorce documents for the first marriage? I remarried 17 months after my divorce. The problem is I just have an affidavit on a stamp paper to prove that I was divorced and nothing else. I don't even know where it is kept now. Being a muslim didn't get divorced in the court. I am filling in my application for permanent residency after receiving an ita.What documents will be required in this case. I am selecting yes in the previous marriage section as I do not want to misrepresent any information to the CIC.


My dependents are non accompanying and I am the primary applicant. I still have not submitted the profile and hence do not know what will the personalised checklist contain.

Please help. Really tensed after seeing the previous marriage section in the permanent residency application.

Regards,
canadian2709

 

[Buletruck]

You are required to submit proof of divorce if you were married. IRCC will not recognize the second marriage if there is no document and your current spouse and child will not be recognized as family members. Others can correct me, but I know I had to submit proof for both divorces.

 

[Bryanna]

Dear members,

I have a concern regarding the proof of divorce in case the applicant has remarried. Does CIC ask for divorce documents for the first marriage? I remarried 17 months after my divorce. The problem is I just have an affidavit on a stamp paper to prove that I was divorced and nothing else. I don't even know where it is kept now. Being a muslim didn't get divorced in the court. I am filling in my application for permanent residency after receiving an ita.What documents will be required in this case. I am selecting yes in the previous marriage section as I do not want to misrepresent any information to the CIC.


My wife and two month old daughter are non accompanying and I am the primary applicant. I still have not submitted the profile and hence do not know what will the personalised checklist contain.

Please help. Really tensed after seeing the previous marriage section in the permanent residency section.

Regards,
canadian2709

To add to Buletruck's reply....

The divorce must be legally valid in the country where the divorce was sought i.e. it must be granted by a court of law. In your case, an affidavit prepared/signed on a judicial stamp paper is NOT a divorce decree. This implies that your previous marriage continues to subsist/remain valid even as of today..... until the time you file a divorce petition and obtain a divorce decree from the court of law that has the jurisdiction to pass a judgement on your divorce petition.

You will need to submit a court certified copy of the divorce certificate or a divorce decree absolute to IRCC

 

[canadian2709]

Dear Buletruck and Bryanna,

Thanks for your reply. As I got divorced within 15 months of marriage, the marriage was not registered with the government authorities. Can we term this as a common law relationship?

As I will not be able to produce a court decree as my ex wife has already remarried and I am not in touch with her should I consider this as end of my Canadian dream?

Any other ways please suggest? Will the annulment certificate from the concerned Muslim authorities suffice?

 

[Rob_TO]

Thanks for your reply. As I got divorced within 15 months of marriage, the marriage was not registered with the government authorities. Can we term this as a common law relationship?

Yes, as your second marriage may not be valid in eyes of Canada, as long as you've lived together 12 months you should identify your partner as your common-law partner (not spouse) and proceed as such.

For a common-law status, there is no divorce required. You just need to show that you are separated and no longer living with previous spouse (which should be easy to do).

For any apps involving common-law status, you may need to submit proofs you've in fact lived together for at least 12 consecutive months.

 

[canadian2709]

Yes, as your second marriage may not be valid in eyes of Canada, as long as you've lived together 12 months you should identify your partner as your common-law partner (not spouse) and proceed as such.

For a common-law status, there is no divorce required. You just need to show that you are separated and no longer living with previous spouse (which should be easy to do).

For any apps involving common-law status, you may need to submit proofs you've in fact lived together for at least 12 consecutive months.

Thanks for your reply Rob_TO,

Will term it as a common law partnership then.

Any idea what are the proofs required to show a common law partnership break up.

 

[scylla]

Thanks for your reply Rob_TO,

Will term it as a common law partnership then.

Any idea what are the proofs required to show a common law partnership break up.

Do you mean you will term your second relationship with your current wife as a common law partnership?

 

[canadian2709]

Do you mean you will term your second relationship with your current wife as a common law partnership?

No the first one. My second one is a registered marriage.

 

[scylla]

No the first one. My second one is a registered marriage.

Was your first marriage not legal / registered?

 

[canadian2709]

Was your first marriage not legal / registered?

It was legal as it was done in accordance with the Muslim law but it was not registered. We seperated according to the Muslim laws only.

Please suggest what can be done in this case. Should I decline the invite and delete the profile? Don’t want to risk getting rejected/banned for misrepresentation.

 

[Rob_TO]

It was legal as it was done in accordance with the Muslim law but it was not registered. We seperated according to the Muslim laws only.

Please suggest what can be done in this case. Should I decline the invite and delete the profile?

This is getting more and more complicated.

Ok so if the first marriage wasn't legal, then you can't put you were previously married you should state you were previously in a common-law relationship. For this no divorce is needed, you may just need a simply affidavit of your own that the common-law relationship ended.

So you should then indicate your current status as married, and submit proofs that you are currently married, which I assume was done legally and officially registered.

 

[canadian2709]

This is getting more and more complicated.

Ok so if the first marriage wasn't legal, then you can't put you were previously married you should state you were previously in a common-law relationship. For this no divorce is needed, you may just need a simply affidavit of your own that the common-law relationship ended.

So you should then indicate your current status as married, and submit proofs that you are currently married, which I assume was done legally and officially registered.

Thanks Rob_TO. Will do as u say. As it was not registered will show it is a common law partnership and then will attach a signed affidavit stating that we are not in touch and have moved on with our lives.

Thanks all for your help.

 

[Bryanna]

Thanks for your reply. As I got divorced within 15 months of marriage, the marriage was not registered with the government authorities. Can we term this as a common law relationship?

Even if your first marriage was not registered with the government authorities, it was/is still a legally valid marriage if the laws of the country where you married recognize marriages solemnized as per the Muslim Law.

Not registering your first marriage does not change the current legal status to that of common-law even if you only married in a religious ceremony without registering it.

A marriage that has taken place as per the laws of the country, can only be dissolved by a decree of divorce or annulment. An affidavit is not legally recognized as a divorce decree.

As I will not be able to produce a court decree as my ex wife has already remarried and I am not in touch with her should I consider this as end of my Canadian dream?

Any other ways please suggest? Will the annulment certificate from the concerned Muslim authorities suffice?

Based on your posts, are you from India or the Indian sub-continent?


How did you 'marry' your second wife? Is this second marriage registered with the government authorities? Was it a religious ceremony? Or both? Do you have a marriage certificate for both marriages? Has your second wife changed her marital status on government issued documents to 'married'?

 

[Rukhsar2590]

Dear members,

I have a concern regarding the proof of divorce in case the applicant has remarried. Does CIC ask for divorce documents for the first marriage? I remarried 17 months after my divorce. The problem is I just have an affidavit on a stamp paper to prove that I was divorced and nothing else. I don't even know where it is kept now. Being a muslim didn't get divorced in the court. I am filling in my application for permanent residency after receiving an ita.What documents will be required in this case. I am selecting yes in the previous marriage section as I do not want to misrepresent any information to the CIC.


My dependents are non accompanying and I am the primary applicant. I still have not submitted the profile and hence do not know what will the personalised checklist contain.

Please help. Really tensed after seeing the previous marriage section in the permanent residency application.

Regards,
canadian2709

is ur query solved?

 

[Gandu Ganiu]

I’m separated for 24 years. I have been living with a common law partner for 10 years . Will IRCC approve my PR for having a common law partner .