Hi
I have applied for Express Entry on May 2021 under Canadian Experience Class. Its has been a long 1.7 years wait for my decision which is emotionally and mentally Draining.
My Spouse and Myself are separated with no scope for reconciliation for the last 3 years. She has obtained a Injunction order which prevents me from any sort of contact with her. The divorce proceedings are happening in a family court in India. Contrary to the divorce proceedings in Canada or US, the divorce proceedings are long and takes years to complete in India especially if its a contested divorce ( No mutual signoff between both the parties). For reference, Divorce case filed in 2018-2019 is currently being called for hearing and decision making in my court. So with a non cooperating partner and her contestation i also expect my Divorce formalities to be completed in ONLY atleast 2-3 years ( 2024-2025).
After going through a lot of forums, i applied my express entry application as LEGALLY SEPARATED , which as per Ircc is "Legally Separated: Separated means that two people are married but no longer living together, and they do not wish to live together again. They may be waiting for a divorce or have not yet decided to divorce." I have selected legally separated as my marital status and have not claimed any points of my spouse. I have submitted the following documents
After being in Canada since 2019, now i really fear that i will have to leave the country due to refusal of my express entry application as my BOWP will also be terminated along with it.
Is there anything i can do to avoid this? Will my permanent residence application be approved while waiting being at the Separated status? Any help or inputs will be highly appreciated.
I have applied for Express Entry on May 2021 under Canadian Experience Class. Its has been a long 1.7 years wait for my decision which is emotionally and mentally Draining.
My Spouse and Myself are separated with no scope for reconciliation for the last 3 years. She has obtained a Injunction order which prevents me from any sort of contact with her. The divorce proceedings are happening in a family court in India. Contrary to the divorce proceedings in Canada or US, the divorce proceedings are long and takes years to complete in India especially if its a contested divorce ( No mutual signoff between both the parties). For reference, Divorce case filed in 2018-2019 is currently being called for hearing and decision making in my court. So with a non cooperating partner and her contestation i also expect my Divorce formalities to be completed in ONLY atleast 2-3 years ( 2024-2025).
After going through a lot of forums, i applied my express entry application as LEGALLY SEPARATED , which as per Ircc is "Legally Separated: Separated means that two people are married but no longer living together, and they do not wish to live together again. They may be waiting for a divorce or have not yet decided to divorce." I have selected legally separated as my marital status and have not claimed any points of my spouse. I have submitted the following documents
- Affidavit of Separation.
- Affidavit to prove that i will not sponsor my spouse to Canada.
- Divorce Filing documents from Indian Court
- Case diaries which shows the dates and outcome of hearings/ to prove that the hearings are still happening in court.
- Letter of opinion from the attorney (Assigned lawyer)regarding divorce pending status at court.
- Notarized Court documents.
- Legal Opinion letter from an Legal Immigration Attorney, Canada.
After being in Canada since 2019, now i really fear that i will have to leave the country due to refusal of my express entry application as my BOWP will also be terminated along with it.
Is there anything i can do to avoid this? Will my permanent residence application be approved while waiting being at the Separated status? Any help or inputs will be highly appreciated.
