Married, not separated or divorced, medicals or pcc not possible, please help!

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I’ve received an ITA as married without accompanying spouse. We’re not separated or divorced. My spouse is neither interested in joining me to Canada nor responded about medicals or PCC. I’m not really thinking of getting separated or divorced at this point. But with respect to submitting documents for ITA, I find that I have to make a choice:

Option# 1: Spouse’s medicals and PCC
Option of getting medicals or PCC done by spouse can be ruled out

Option# 2: Notarized affidavit
Write a notarized affidavit forever excluding my spouse from sponsorship (knowing the consequences)

Option# 3: Initiate divorce
File for divorce proceedings in court and attach paperwork that such a case has been filed. In my country, it takes few months to even few years for such a case to be decided upon. Meanwhile, I’m assuming just attaching paperwork that divorce has been initiated suffices.

My questions are:
With Option# 1 (spouse’s medicals and PCC) ruled out,

Is only Option# 2 (notarized affidavit) enough?

Or whether only Option# 3 (initiate divorce) enough?

Or are both Option# 2 and Option# 3 needed?


Upon researching this forum, it seems just notarized affidavit is enough (read here). However, I found several contradictory pieces of advice ranging from one may be disqualified if spouse doesn’t undergo medicals and provides pcc (due to spouse’s inadmissibility factor) to that divorce needs to be completed.

I have a whole bunch of spouse-specific questions on ITA as to how to fill them (read the next post).

Grateful for your help and suggestions! Especially those that were able to successfully get past similar situation.

 

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Continuing from my earlier post, how do I answer following questions:

Has applicant, and if applicable, applicant's family members taken any trips outside their country of origin or of residence in the last ten years (or since their 18th birthday if this was less than ten years ago). Include all trips: tourism, business, training, etc.
Only partially known for spouse (known for only the period we were together)

Will spouse accompany applicant to Canada?
No
Please explain why not
Spouse not interested in moving to Canada. Request that spouse be excluded from my application and am aware that I will not be able to sponsor in future.

Spouse's Personal Description:
Country of birth: known
City/town of birth: known
Height: known
Eye Color: known

Spouse's ID Documents:
Does spouse have a passport or other travel document? known
Does spouse have another government issued ID? known

Spouse's Immigration History and Citizenships:
Country(ies) of citizenship? known
Country of residence? known

Spouse's Family:
Please tell us about spouse's immediate family members that have not been identified in the application.
Last Name: known
First Name: known
Gender: known
Date of Birth: not known
Country/Territory of Birth: not known
Country of Residence: known
City/Town of Residence: known

Spouse's Profile Details:
Telephone: known
Email Address: known
Mailing Address: known

Spouse's Address History:
Provide all of the addresses where spouse has lived in the past ten years.
Only partially known (known for only the period we were together)

Spouse's Personal Activity:
Provide the details of spouse's personal history in the last ten years.
Only partially known (known for only the period we were together)

Spouse's Travel History:
Provide details of any trips spouse has taken outside country of origin or of residence in the last ten years. Include all trips: tourism, business, training, etc.
Only partially known (known for only the period we were together)

Statutory Questions:
Not known

 

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@legalfalcon Grateful for your advice!

 

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Case: Not legally separated

@scylla please help
@BreakingBad What do you mean by "Notarized separation document(mutual,)." Can I write an affidavit and get it notarized?
@Mrs_Boss What did you end up doing?

 

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Case: Separated not divorced, CIC asked for divorce certificate

@orangeee Whether just filing of divorce was enough in your case?

Hi,
I am on the same boat. I put legally separated on my status when I submitted my PR application. Now, CIC came back to me and is asking me to provide medical examination, police certificate, etc from my ex-spouse which is impossible as we are not in good terms. What I did was I applied for divorce and was signed by the judge and got stamped from the court as well. Do you think that this " filing of divorce" is enough to prove them that there is no chance of me and my ex-spouse on getting back together? I am afraid that CIC might ask for divorce certificate which of course will take time.

@jonnclk22 Did they accept proof of separation? Was it legal separation?

I submitted the affidavit and the court documents with docket number demonstrating that we were indeed separated and the divorce was underway. I don't have a divorce certificate either but it's fine since we have demonstrated evidence of separation and valid grounds for not being able to provide spouse's pcc / medical etc.

 

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Case: Spouse refuses to do medical and PCC

@scylla Will an affidavit for excluding spouse work?

Non-accompanying spouses MUST complete the medical and PCC. This is mandatory for your application to be approved.

You need to convince CIC to remove your spouse from the application completely if you cannot convince your spouse to complete the medical and PCC process.

To remove your spouse from the application completely you will need to demonstrate that you have divorced or legally separated from your spouse - or try to convince CIC that you are no longer in a relationship with your spouse (i.e. no longer living together, etc.) and that you understand that by removing your spouse from the application, you will never be able to sponsor your spouse in the future. So yes - you can certainly try the affidavit route. It may work - but there's also some chance it will not.

@deepti@12345 How did you proceed?

 

[jonnclk22]

Case: Separated not divorced, CIC asked for divorce certificate

@orangeee Whether just filing of divorce was enough in your case?


@jonnclk22 Did they accept proof of separation? Was it legal separation?

No, just a notarized affidavit stating that we are separated and there's no possibility of reconciliation and the spouse understands that she won't be sponsored in future. They accepted it just fine. Subsequently, I submitted proof of filing for divorce as and when that happened.

 

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Thanks very much for your response @jonnclk22! I'm still curious though as to what you filled out for spouse's details in e-APR? Did you just fill out as many details as known and left others blank and uploaded notarized affidavit in lieu of spouse's medical and PCC?

 

[jonnclk22]

Thanks very much for your response @jonnclk22! I'm still curious though as to what you filled out for spouse's details in e-APR? Did you just fill out as many details as known and left others blank and uploaded notarized affidavit in lieu of spouse's medical and PCC?

When you use 'legally separated' as an option, it doesn't even ask you for spouse's medicals or pcc.

 

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Good to know that.

When you use 'legally separated' as an option, it doesn't even ask you for spouse's medicals or pcc.

I noticed that you're divorce came through quickly. I believe you furnished your divorce certificate when it became available. Still wondering if the divorce certificate is mandatory? The timeline for getting such a document is hugely variable.

 

[jonnclk22]

Good to know that.


I noticed that you're divorce came through quickly. I believe you furnished your divorce certificate when it became available. Still wondering if the divorce certificate is mandatory? The timeline for getting such a document is hugely variable.

Yes, we had a stipulated divorce, no kids, no alimony and my ex-"wife" was rather keen on getting on with the new lad. So, that helped. I think having a divorce certificate helps quite a bit but nothing you can do really if it's still underway. Give 'em a notarized affidavit / statement and hope for the best. As and when divorce's finalized, raise a CSE to submit the certificate.

 

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Thanks for sharing your circumstances @jonnclk22. Hope there is lot to look forward for you on the other side especially with respect to Canadian immigration.

 

[jonnclk22]

Thanks for sharing your circumstances @jonnclk22. Hope there is lot to look forward for you on the other side especially with respect to Canadian immigration.

I received my PPR today. So, apparently, all went well with respect to separation affidavit and such.

 

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I received my PPR today. So, apparently, all went well with respect to separation affidavit and such.

Congrats and all the best for further process!

 

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Updating with legalfalcon's response (posted here and here) from his advice thread:

legalfalcon:
To answer your question, the first thing you have to remember is that you have to be in compliance with the laws of the country of your residence. The post you have mentioned pertains to the US. In the US, each state governs matrimonial laws, and in most states if the spouses live separately for a certain period of time, then it is considered an irrevocable breakdown of marriage and sufficient of marriage if one party approaches the court.

However, this is not the case in other countries. I am not sure which country you are in, so cannot conclusively say anything yet.

Further, IRCC needs proof so that at a future date you do not sponsor the person who you claim to have divorced. IRCC even accepts filing of divorce proceedings as sufficient to allow you to file your application without any documents from the spouse. So your case will determine based on your country of residence and the country where the marriage was solemnized.

Fall_Colors:
Thanks for your response. I'm an Indian citizen now residing in India. But the marriage took place in the US. Planning to apply for divorce in India.
So, no need of divorce finalized certificate?

legalfalcon:
If your marriage was registered in the US, then the Indian courts will be reluctant to nullify it. Instead, just file an affidavit as it will work under the US state law that you and your spouse are separated.