Legally Separated Status: Pl advice Docs Needed

[canmool]

Hello Buk,

I am also similar situation. I am expecting the ITA in next draw. Will you are anyone share the template for Affidavit for Separation. I have not applied for Divorce yet. Am going to officially file that soon with my Lawyer. I hope its enough for CIC to prove that Legally Separated Statys.

Anyone, please share the template for the Affidavit to be signed by self in the presence of Lawyer to get notarized for Separation would be of tremendous help.

Thanks
Shan

use the template provided by jonnclk22 on the following link

https://www.canadavisa.com/canada-immigration-discussion-board/threads/legally-separated-status-pl-advice-docs-needed.487143/#post-6625990

 

[Shaanoh]

Hi Canmol,

Thanks for the update. Just one more question. If we are applying under 'Legally Separated' do we have to produce the Marriage certificate as well?

Cheers
Shan

 

[canmool]

Hi Canmol,

Thanks for the update. Just one more question. If we are applying under 'Legally Separated' do we have to produce the Marriage certificate as well?

Cheers
Shan

no it is not asked by the immigration as part of the application. But there is no harm in providing it under additional documents.

 

[Shaanoh]

Hi Canmol,

Thanks for the update. However, I have the below case. Please recommend.

1) I get an ITA in next draw and apply with all docs including the PCC. Since, I don't have any records against me. I am sure my PCC will be easy to obtain. However, to support my claim for legally separated status. If I include Self declared Affidavit for Separation Agreement and Divorce case ( Yet to be filed ) is presented to CIC at later stage. If my spouse responds to my Divorce petition with a Dowry and Domestic Violence against me to extort money which are false claims. Will this hamper my PR application during the BG check..??

My Lawyer suggests there might be a chance that she might file those cases against me. So I just need some advise or opinion. What would be the best possible course of action.

Cheers
Shan

 

[canmool]

Hi Canmol,

Thanks for the update. However, I have the below case. Please recommend.

1) I get an ITA in next draw and apply with all docs including the PCC. Since, I don't have any records against me. I am sure my PCC will be easy to obtain. However, to support my claim for legally separated status. If I include Self declared Affidavit for Separation Agreement and Divorce case ( Yet to be filed ) is presented to CIC at later stage. If my spouse responds to my Divorce petition with a Dowry and Domestic Violence against me to extort money which are false claims. Will this hamper my PR application during the BG check..??

My Lawyer suggests there might be a chance that she might file those cases against me. So I just need some advise or opinion. What would be the best possible course of action.

Cheers
Shan

as long as I know.. u are not a criminal until its proven in the court and a verdict declared by court. So even if your wife charges false claims on you... it does not affect your PCC until you are declared as by court.

 

[canmool]

Hi Everyone,

Just to update you all..

I received COPR on 15 Feb

Just to summarise my separation situation...

• I am an Indian citizen and my wife is a UK citizen
• We got married in Australia.
• Now we are living separate (I am in India, she is in UK)
• we are not legally separated.

In my PR application.. I had only provided an affidavit on Rs100 stamp paper stating that we are living separate by choice instead of getting divorce or separation by court.

IRCC did not ask for any additional documents and everything worked-out just fine.

Hope this information will help the readers.

All the best for everything.

 

[ufaisalm]

Hello Everyone , i am new in here , thanks really for such affidavit , my issue is that my children are also with my wife , she has taken them away from me and travelled to India , as i work in another country , can i mention my childrens name in the affidavit and their passport numbers but they also cannot enjoin since they are with their mother and custody legal petition in india is underway , no divorce or separation yet .

HI Sorry, I can't share my email. I am happy to answer any questions you may have on this forum. Just avoid names / sensitive details and it should be fine.

Having an affidavit of separation signed by your spouse in front of a public notary officer will be helpful.
If you already have a divorce case pending in the court, send CIC a copy of the divorce petition along with docket number. If you don't have a pending divorce case, and your spouse doesn't cooperate with you regarding a notarized affidavit, then you should have a notarized affidavit of your own and submit it to the CIC. This is what I used:

AFFIDAVIT OF SEPARATION:

I, ______________________________, date of birth _______________ (mm/dd/yyyy) and holder of Passport no. _____________ issued by (country) _________________________ hereby certify that I am separated and estranged from my spouse (name of spouse)_______________________ date of birth _______________ (mm/dd/yyyy) and holder of Passport no. _____________ issued by (country) _________________________ since _______________ (mm/dd/yyyy). I further certify that I do not intend to reconcile with my spouse.


I intend to take following legal action with regard to my marital status:

_________________________________________________________________________


I, __________________________________, further certify that my spouse (name of spouse)_______________________ does not wish to undergo medical examination and police clearance process for the purposes of immigrating to Canada. I understand that such a refusal will render my spouse ineligible to be sponsored for immigrating to Canada at any time in the future if reconciliation were to occur prior to any legal changes to my marital status cited above.

Under penalties of perjury, I certify the above representations to be true as of the date shown below.


__________________________________________ ______________________


Your name (Signature) Date



__________________________________________ ______________________

Signature Notary Public / Commissioner of Oaths Date

 

[johnwick88]

HI Sorry, I can't share my email. I am happy to answer any questions you may have on this forum. Just avoid names / sensitive details and it should be fine.

Having an affidavit of separation signed by your spouse in front of a public notary officer will be helpful.
If you already have a divorce case pending in the court, send CIC a copy of the divorce petition along with docket number. If you don't have a pending divorce case, and your spouse doesn't cooperate with you regarding a notarized affidavit, then you should have a notarized affidavit of your own and submit it to the CIC. This is what I used:

AFFIDAVIT OF SEPARATION:

I, ______________________________, date of birth _______________ (mm/dd/yyyy) and holder of Passport no. _____________ issued by (country) _________________________ hereby certify that I am separated and estranged from my spouse (name of spouse)_______________________ date of birth _______________ (mm/dd/yyyy) and holder of Passport no. _____________ issued by (country) _________________________ since _______________ (mm/dd/yyyy). I further certify that I do not intend to reconcile with my spouse.


I intend to take following legal action with regard to my marital status:

_________________________________________________________________________


I, __________________________________, further certify that my spouse (name of spouse)_______________________ does not wish to undergo medical examination and police clearance process for the purposes of immigrating to Canada. I understand that such a refusal will render my spouse ineligible to be sponsored for immigrating to Canada at any time in the future if reconciliation were to occur prior to any legal changes to my marital status cited above.

Under penalties of perjury, I certify the above representations to be true as of the date shown below.


__________________________________________ ______________________


Your name (Signature) Date



__________________________________________ ______________________

Signature Notary Public / Commissioner of Oaths Date

did anyone get this affidavit in united states? i am finding it tough to explain lawyers here. I have filed a divorce in US court and it may take 60 days to get it done in the meantime I am planning to file for my PR

 

[ufaisalm]

Hello Everyone , i am new in here , thanks really for such affidavit , my issue is that my children are also with my wife , she has taken them away from me and travelled to India , as i work in another country , can i mention my childrens name in the affidavit and their passport numbers but they also cannot enjoin since they are with their mother and custody legal petition in india is underway , no divorce or separation yet .

Hell John , thanks for your reply , i need some more advise , now above affidavit is for the wife , what about the children , do i need to mention anything of the children ( they are not in my custody at moment ) , since i intend to bring them in future ?

 

[us2can1985]

Hi Everyone,

Just to update you all..

I received COPR on 15 Feb

Just to summarise my separation situation...

• I am an Indian citizen and my wife is a UK citizen
• We got married in Australia.
• Now we are living separate (I am in India, she is in UK)
• we are not legally separated.

In my PR application.. I had only provided an affidavit on Rs100 stamp paper stating that we are living separate by choice instead of getting divorce or separation by court.

IRCC did not ask for any additional documents and everything worked-out just fine.

Hope this information will help the readers.

All the best for everything.

Hi @canmool , i am in a similar situation as you had been with slight addition (I am currently in US, wife in India with kid but no separation or divorce filed-no plan in immediate term to do so currently,although we have been living separately with no contact for 2 years now). I had filed for express entry as singe PR applicant(no spouse points added to score) but had indicated married and with 1 dependent kid in the express entry profile. I recieved my ITA last week and now am i am logjam and how to present my case in the document submission since selecting married adds to the document submission list which i am surely not going to get, PCC and medicals for her and my kid. I am thinking of providing an affidavit(jonnclk22 format as John/you suggested in the thread) similar to your points that we are living apart by choice and i will not sponsor either of them.I cant change in the express entry profile since it is view only now after ITA recieved(i am trying to avoid rejecting and waiting again) so changing married in that is not possible but i am planning to update in the e-APR and provide the correct status as "Legally seperated" from previous "Married" with the said affidavit and LOE. Kindly suggest if this looks like a feasible plan of action based on your experience.

Thanks in advance and looking to hear from you.

 

[sam2985]

Hello ,
Im from India ,can anyone please help me urgently.
My brother wants to apply for canada work permit. He got divorced last year and has khula papers with him.
He has a registered marriage certifcate but does not have a divorce certificate as the girl is untraceable .
My agent is insisting on the same but we do not know from where to get her to do this.
Can the khula papers be translated and submitted as proof of divorce. Will the CIC accept the same.
If not should we give an affidavit or indemnity bond . Has anyone gone through this
Someone please reply.
Thank you

 

[Serenity.18]

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.

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.

 

[Serenity.09]

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.

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.

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.

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 because that procedure will take 2 to 3 years since it's not a mutual consent divorce.
Will the affidavit be enough ? I don't want my procedure to be on hold or get a rejection.
He is an utter inconvenience for my application because he knows I may either need his medical PCC or divorce decree.
I assume you are already at Canada.
Please help me out in this situation as how to proceed further.

 

[Rhensky_310]

HI Sorry, I can't share my email. I am happy to answer any questions you may have on this forum. Just avoid names / sensitive details and it should be fine.

Having an affidavit of separation signed by your spouse in front of a public notary officer will be helpful.
If you already have a divorce case pending in the court, send CIC a copy of the divorce petition along with docket number. If you don't have a pending divorce case, and your spouse doesn't cooperate with you regarding a notarized affidavit, then you should have a notarized affidavit of your own and submit it to the CIC. This is what I used:

AFFIDAVIT OF SEPARATION:

I, ______________________________, date of birth _______________ (mm/dd/yyyy) and holder of Passport no. _____________ issued by (country) _________________________ hereby certify that I am separated and estranged from my spouse (name of spouse)_______________________ date of birth _______________ (mm/dd/yyyy) and holder of Passport no. _____________ issued by (country) _________________________ since _______________ (mm/dd/yyyy). I further certify that I do not intend to reconcile with my spouse.


I intend to take following legal action with regard to my marital status:

_________________________________________________________________________


I, __________________________________, further certify that my spouse (name of spouse)_______________________ does not wish to undergo medical examination and police clearance process for the purposes of immigrating to Canada. I understand that such a refusal will render my spouse ineligible to be sponsored for immigrating to Canada at any time in the future if reconciliation were to occur prior to any legal changes to my marital status cited above.

Under penalties of perjury, I certify the above representations to be true as of the date shown below.


__________________________________________ ______________________


Your name (Signature) Date



__________________________________________ ______________________

Signature Notary Public / Commissioner of Oaths Date

 

[Rhensky_310]

H

hello kshah did you get through the process.got PR?

Hi Kshah, just want to ask... where did you get the affidavit of separation? Did you get from the philippines? Did your spouse signed it?