ITA Received but Marriage in Jeopardy - HELP Need Guidance

[Atif Ben]

Dear All,

I need your guidance on what to do:

Background: I have received ITA on 12 April 2023 via PNP. I got marred in Jan this years and things are not working out between me and wife. At this moment of time, we are only separated, there is no document about that, she is living at her parent's home not with me. Things are very likely moving towards divroce. But it is not confirmed yet.
In my application for both PNP and EE I have not received any points from my spouse.

Problems:
The Deadline to submit application is on 12 June 2023.
a) My spouse is not willing to do Police Certificate, Upfront Medical Examination with which I can at least submit my application.
b) We are neither legally divorced or separated.
b) At the time of PNP application, things were good between us, I mentioned that she would accompany me.


Need Guidance On:

Please guide me on how should I proceed with my post-ITA application based on above problems and background.
What status should I show on the application submission?
How should I explain my situation and are their any documents that can help my case?
I dont have her PCC, ME, Passport Size Picture or any detail about her.

Please Guide, thank you

 

[Atif Ben]

anyone?

 

[furrukhrao]

anyone?

PNP will be extended without any Issue and you can submit the application but the problem is you need to submit a divorce certificate. I don't think PNP extension is a problem except time. You can send a Webform to IRCC to save yourself for the future.

 

[iSaidGoodDay]

Dear All,

I need your guidance on what to do:

Background: I have received ITA on 12 April 2023 via PNP. I got marred in Jan this years and things are not working out between me and wife. At this moment of time, we are only separated, there is no document about that, she is living at her parent's home not with me. Things are very likely moving towards divroce. But it is not confirmed yet.
In my application for both PNP and EE I have not received any points from my spouse.

Problems:
The Deadline to submit application is on 12 June 2023.
a) My spouse is not willing to do Police Certificate, Upfront Medical Examination with which I can at least submit my application.
b) We are neither legally divorced or separated.
b) At the time of PNP application, things were good between us, I mentioned that she would accompany me.


Need Guidance On:

Please guide me on how should I proceed with my post-ITA application based on above problems and background.
What status should I show on the application submission?
How should I explain my situation and are their any documents that can help my case?
I dont have her PCC, ME, Passport Size Picture or any detail about her.

Please Guide, thank you

Your case is a bit convoluted. I'd divide it by situations (referencing India as a COR):
1. If there's a chance of reconciliation - Ask a lawyer, but the issue is - there's no way you can tell IRCC they they are non-accompanying and not willing to provide spouse's docs. And, you can't say that you are divorcing either (because you are hoping to get back).
2. There's no chance of reconciliation: you'll need a letter from your lawyer on their letter head to describe what's happening and then a compromise letter that's signed by you and your spouse. This seals the intent to divorce following the first petition of separation (12 months) as you would declare when you are expecting the first hearing from the judge to be.

You do need to talk to a lawyer about it. If you are from one of the many countries where divorce (even mutual) takes a longer time, you'll have to find a lawyer to get better help here.

 

[Atif Ben]

thank you, I am from Pakistan. Here I can get divorce documents within a span of 3-4 months.

 

[iSaidGoodDay]

thank you, I am from Pakistan. Here I can get divorce documents within a span of 3-4 months.

All you can do is to decide between the two outcomes (reconciliation or not) and then approach the next steps. I can understand that it is going to be a bit hard to deal with a relationship falling out in middle of this. Getting some help from a lawyer will make sure you got enough energy to deal with everything

 

[furrukhrao]

thank you, I am from Pakistan. Here I can get divorce documents within a span of 3-4 months.

ITA is not a big deal with PNP you can just ignore the submission it wont effect anything. You need to focus on keeping PNP after the divorce certificate if that is fine everything is fine. You can submit the ITA without your wife as well no Issues just remove her from the application but keep her in your family. PNP means 99.9999% percent PR so once you come here you can divorce her not a big deal you don't even need to sponsor her.

 

[Atif Ben]

ITA is not a big deal with PNP you can just ignore the submission it wont effect anything. You need to focus on keeping PNP after the divorce certificate if that is fine everything is fine. You can submit the ITA without your wife as well no Issues just remove her from the application but keep her in your family. PNP means 99.9999% percent PR so once you come here you can divorce her not a big deal you don't even need to sponsor her.

thank you, but I dont have her medical and Digital photo.

And as per my information I collected on this forum. I need to divorce her because there is no such thing as legally separated marital status.

 

[furrukhrao]

So if you want to go full legal YES but if she is not cooperative there is another way (Not a legal advice) You can submit your application and remove her as your accompanying wife which means your case will be process only but she will remain in your file for ever you can update it later when you arrive in Canada.

You can remove her from ITA or Ignore this Invite and wait for another Invite in that application just submit yours and keep her in the family that's it.

 

[Atif Ben]

So if you want to go full legal YES but if she is not cooperative there is another way (Not a legal advice) You can submit your application and remove her as your accompanying wife which means your case will be process only but she will remain in your file for ever you can update it later when you arrive in Canada.

You can remove her from ITA or Ignore this Invite and wait for another Invite in that application just submit yours and keep her in the family that's it.

thank you, brother,

If I understood your point correctly then actually I have already set her as non-accompanying and as a family member. But the files section is still asking me for her Upfront Medical, Police Certificate, Digital Photo, Family information, and Passport.

I don't have her medical and digital photo, apart from that I have remaining.

 

[furrukhrao]

thank you, brother,

If I understood your point correctly then actually I have already set her as non-accompanying and as a family member. But the files section is still asking me for her Upfront Medical, Police Certificate, Digital Photo, Family information, and Passport.

I don't have her medical and digital photo, apart from that I have remaining.

You can reject his ITA and wait for another one try submitting without your wife. PNP has nothing much to do with Federal Processing I think you will pass the step and will get PR.

 

[Atif Ben]

In the application, now I have set my marital status as legally separated.

I no longer need to upload my wife's documents.

Is my application going to be processed by IRCC? are they going to ask me for divorce certificate?

 

[iSaidGoodDay]

In the application, now I have set my marital status as legally separated.

I no longer need to upload my wife's documents.

Is my application going to be processed by IRCC? are they going to ask me for divorce certificate?

Talk to a lawyer. Yes, they'll ask you to show you are divorcing/divorced. I see that people get an ADR when they change their family composition (separation).

Don't delay talking to a lawyer. Once you get an ADR, depending upon the time you get you'll have to prepare papers for it.

 

[Raptor33]

In the application, now I have set my marital status as legally separated.

I no longer need to upload my wife's documents.

Is my application going to be processed by IRCC? are they going to ask me for divorce certificate?

That's correct. If you have indicated on your application that you are legally separated, you will not need to upload your wife's documents. However, you may still be asked to provide a divorce certificate. This is because IRCC may need to confirm that your marital status has changed.

If you are not yet divorced, you can still apply for immigration to Canada. However, you will need to provide evidence that your marriage has broken down irretrievably. This evidence can include things like a separation agreement, a divorce decree, or a letter from a therapist or counselor stating that your marriage is beyond repair.

 

[Atif Ben]

Thank you, everybody.

So I have an update on my circumstances. My wife has filed for a divorce case, the first hearing is scheduled on mid-June 2023.
My last date to submit the application is in 10 days time i.e before the first course hearing.

I was thinking about attaching below in supporting documents:

a) An affidavit implying that I no longer wish to reconcile with her. I would get it notarized through my lawyer.
b) The copy of the petition (the case she filed against me) she has submitted in court.

I can manage a)
but my concern is b)

because the case she has filed on me has false allegations against me.

If I am to attach that petition CIC would reject my case based on the kind of petition she has filed in the court. The petition has a lot of false accusations.

Please advise