Legally Separated Status: Pl advice Docs Needed

[Zion23]

Hi everyone I need your help too.
I am currently working here in Canada & already submitted my PR application last January 2019.My marital status is common law but I’m not divorced/annuled with my previous spouse,same with my common law partner(she has also previous marriage).My dependents & my partner already undergone medicals-we passed.
But recently the CIC asked for divorce certificate OR documents of our ex-spouse like medicals,Police Clearance,etc.
My problem is I cannot provide all of these since we don’t have contact with them for almost three years now.What I did was we provide an explanation letter stating we cannot provide those documents for the reasons that we no longer have communication with them & we understand that we cannot sponsor them in the future.Should this be enough?

 

[Kalmeshp]

Dear Experts,

I am currently separated from my wife for more than 2 yrs and there is no divorce filed yet.
I have putting my PR application with the marital status as 'Legally Separated'.

Now, there is one section about Family Members , The question is 'How many family members does X have?(This includes X, a spouse or partner, dependent children, and their dependent children) - What is the answer to this when we are legally separated? is it 1 or 2?

Secondly, just in the same section but below, there is table for Other family members, in that section, Do we need to include the spouse, when legally separated?

Kindly help provide your inputs.
Your help is appreciated.

Thanks
Kalmesh

 

[deva3012]

Hi,

I have applied aswel and i am at an initial stage but the problem I am facing is that my husband is not even ready to consider Medical and PCC but also divorce.
He is not in contact with me and we have separated our ways since 2-3 months now.
In India there is no such document as a legally separation document.
To apply for a mutual consent divorce,, 1 year of separation period needs to be completed. - According to Hindu marriage Act. It has been just 3 months that we are separated and I will get an invite soon.
Problem here is that my husband doesn't respond to any of my request for divorce or medical and PCC.
Normal divorce procedure takes approximately one to one and a half years in India.
I don't want to miss out on the opportunity because of this.
An affidavit from my end stating that "my husband is not supportive at all and I won't be sponsoring him to Canada ever in future" is enough or I need to have the divorce decree ?
He is not at all in touch with me and not responding to any of my requests for divorce aswel, I can't apply for divorce on my own.
Will the affidavit be enough ? I don't want my procedure to be on hold untill I get the divorce certificate because my husband would never respond to that too.
Please help me out in this situation as how to proceed further.

Hi Serenity

Could you solve your problem. If so please let me know. I am also looking out for a solution.

Regards

 

[avani_0109]

Hello i applied my pr file as a married but due to family problems and our differences i want to separate and i withdrew my file but now i want to apply so my lawyer say to have a status of legally separated as my spouse pcc and medical will be required and he might not give . I dont know how this works but please guide me what shiuld i do

 

[mvneema10]

Hi

Select 'legally separated'. File a notarized affidavit like the one mentioned above. Submit the evidence that a court case has been filed. Most of this has already been outlined in all posts elsewhere on this forum.

Hi Jon,
I am in a similar situation but I only have the registered notice for divorce and affidavit in hand at this time to support my Legally separated status. Do you think that will be sufficient?

 

[mvneema10]

I just got a Request Letter today,

I already provided an Affidavit of Separation, but haven't filed for divorce yet.
Now CIC is asking for Divorce certificate/documents showing initiation of divorce, and given only one week to provide the same.
Please help me out as I am very worried and don't want to lose my chance.

My affidavit has already explained that since 1yr of living separately is not yet complete, i cannot file for divorce, still they have asked for documentation. Should I provide a letter of explanation instead? Please help.

Did you get your PR?

 

[Asdfg12rit]

I got reply from a learned friend in the forum who I believe did not want to have his name in Open. I respect him if that is his wish, my thanks to him for the apt reply and guidance. Posting it for the benefit of others. The Guidance part is in Red Color

Request clarification regarding my marital status and the documents required to support the same. My spouse and I have been living separately from 5 yrs. What are the documents that are required to prove my status as "Legally Separated". Pl advice if the following documents are accepted:
1) Restitution of Conjugal Rights - Granted in my favor
2) Mutual Consent Divorce - Filed in Court

Request your advice regarding my following queries:
1) If any other documents would be required from my end to prove my legal separation from my ex-spouse. I just indicated to them that I am legally separated and didnt provide any proof of separation. They asked me to provide proof of separation after 4 months. I provided them the affidavit I filed in court for separation. In your case you have the respective documents (you have more than required). Provide those documents and explain in a letter.
2) Would my ex-spouse be required to undergo Medical Exam and Police clearance. What happens to my application in case my ex-spouse is non-cooperative with medical exams or police clearance. No, CIC will not ask for your Spouse's Medical examinations or police clearance.

3) Pl advice if there is any kind of Legal Separation document that can be signed between parties determining all rights against each other. Is there a format for the same, request you to advice about the same. You can file for judicial separation in court. This a lengthy process and what you have is sufficient. You already have filed for MCD. They are only looking for proof that you guys are indeed separated.

Please confirm my answers with other senior people as well. I only answered questions from my experience All the best.

Hlo can you please help me.
I am going to file for student visa...
I filed for divorce in November 2019.
In my passport I am separated.
What should I fill my marital status...legally seprated right?
And should I attach divorce petition too.

 

[jonnclk22]

Hi

Hi Jon,
I am in a similar situation but I only have the registered notice for divorce and affidavit in hand at this time to support my Legally separated status. Do you think that will be sufficient?

Most likely, yes for now. You can always raise a CSE to submit additional details later

 

[mvneema10]

Most likely, yes for now. You can always raise a CSE to submit additional details later

Thanks for the reply. I am getting my legal petition next week and I am planning to upload that as well. Hope that should get me through.
However, I have one question should I add marriage certificate ?

 

[jonnclk22]

Thanks for the reply. I am getting my legal petition next week and I am planning to upload that as well. Hope that should get me through.
However, I have one question should I add marriage certificate ?

No.

 

[mvneema10]

No.

Thanks. Did you or should we add your spouse name at that time in your family or relatives information in the online application?

 

[mvneema10]

Most likely, yes for now. You can always raise a CSE to submit additional details later

Thanks for the reply,
In my PR application, under section my martial status I have mentioned 'Legally separated' and my divorce is still undergoing.
For the question :
Has xxxx been previously married or in a common-law relationship ?
1) shouldd I select Yes or No?
If I should select Yes, there are several questions popping up. I have concerns on 2 questions that pop-up (below)
1. 'Date previous marriage or common-law relationship ended?'
2. 'How did this relationship end?' with choices (Annulment, Divorce, Death of partner, Ended the common-law relationship)
Since our divorce is still in process, I don't have relationship end date as I am not yet divorced yet and have no answer to select for the question 'How did this relationship end'.

Please advise what I should answer in this section. Thanks in advance.

 

[Vish8946]

Hello
I have kind the same situation received ITA through express entry CEC but the divorce process undergoing so I have doubts about a 2 questions as mentioned below.
1. Please tell us about Vishalkumar's immediate family members that have not been identified in the application. - Should I add her as a spouse or not?
2. LOE for divorce petition apart from petition what should upload?

Any help/suggestions would be highly appreciated!

 

[Kalmeshp]

Hello
I have kind the same situation received ITA through express entry CEC but the divorce process undergoing so I have doubts about a 2 questions as mentioned below.
1. Please tell us about Vishalkumar's immediate family members that have not been identified in the application. - Should I add her as a spouse or not?
2. LOE for divorce petition apart from petition what should upload?

Any help/suggestions would be highly appreciated!

1. If the divorce process is going on and you are living separately and also you do not intend to reconcile and sponsor your current spouse in any condition, then do not include your spouse as dependent, since she is not your dependent. This was you do not need to produce any documents (Medicals, PCC etc) of your spouse for this immigration.
2. LOE + Provide an affidavit that your are separated for so and so period and that your divorce case is pending in family court and further I do not intend to reconcile and will never sponsor this spouse in future. Mention the Court Case Number and provide them screen shot from online records of you local jurisdiction Courts. This will be a proof of your situation legally.

I did the same in my application. I was separated at the time of application. I received the PR as legally Separated..
Further my case was also disposed with divorce decree after I got my PR.
All the best for your case.

 

[Shrina04]

Hi All,

My name is Shrina and I submitted the PR application as legally divorced.
I have the affidavit and other documents to support my application.

Now when I am submitting my ITA under marital status it shows legally separated but with a follow up question:
Had xyz been previously married or in a common law relationship?

Should I say Yes here or No.

I've been married once.

Is it asking for another relationship/marriage?

Your help would be appreciated.
Thanks,
Shrina