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

[Fall_Colors]

I started this thread, more inclined to find out if there was an option of going to Canada without getting legally separated or divorced (and without spouse's medicals or PCC). It's ironic that, there doesn't seem to be any option other start legal separation or divorce process!

Dear @jes_ON, @mr.preetsingh, Based on your responses to similar questions, grateful if you can chime in with your perspective. My spouse and I were married in the US, where neither of us was a permanent resident there. I now reside in India whereas my spouse resides in a different country. If I start the divorce process in India, will IRCC consider, my divorce initiation paperwork and unilateral affidavit of separation (declaring my spouse's permanent exclusion for immigrating to Canada), in place of spouse's medicals and PCC.
The only other possibility is that they may ask for finalized divorce decree which however can take several months to even several years.

P.S. I'm still curious if just an affidavit of separation is enough for my immigration without having to go through legal separation or divorce process.

 

[aftabali26]

hi @jes_ON, and @mr.preetsingh, based on your response on the previous questions. I would like to ask some on my case.

I am currently going through Divorce Negotiations with my Partner, However i haven't filled it with a court of Law in India but with the community body and not sure if ill be able to furnish any kind of paperwork for the same. I received my Invite and have submitted all my docs along with a Affidavit stating i am unable to provide any documents for my Partner and i am undergoing divorce filled with the community body. My question is simple do you feel i will receive my landing without my divorce documents in hand, if yes what would be the time frame on it assuming my application has no other issues. I have noticed my friends with no issues receiving their landings in 2 months from the date of submissions. Also, will i be put on hold till i furnish my divorce papers. I dont intend to waste any more of my time.

 

[Fall_Colors]

I'm not sure if you're still looking for an answer. Firstly, I recommend that you (and anyone else having similar questions) start a new thread with your query, that'll elicit some responses hopefully.
Secondly, post it on on legalfalcon's thread addressed to him/her, who is really prompt and helpful.

I am currently going through Divorce Negotiations with my Partner, However i haven't filled it with a court of Law in India but with the community body and not sure if ill be able to furnish any kind of paperwork for the same. I received my Invite and have submitted all my docs along with a Affidavit stating i am unable to provide any documents for my Partner and i am undergoing divorce filled with the community body. My question is simple do you feel i will receive my landing without my divorce documents in hand

I'm not sure about the community body part, whether it has legal standing or not. You can consult a family attorney and seek their advice. Quoting from legalfalcon's advice:
"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."
So, to me, it seems, as long as your divorce proceedings paperwork is in order, you should be able to file your application without any documents from your spouse.

if yes what would be the time frame on it assuming my application has no other issues. I have noticed my friends with no issues receiving their landings in 2 months from the date of submissions.

Nobody can give you a timeframe, I believe IRCC's suggested timeframe is 80% of cases within 6 months. It's all case to case. You can't compare your case with anyone else as each person's case is unique.

Also, will i be put on hold till i furnish my divorce papers.

I'm not sure what you mean by divorce papers. If you mean papers for filing for divorce or updates on the case, then you should submit whatever latest papers you have. If you rather mean, divorce decree or finalization papers, then I don't think so your case will be put on hold till divorce is granted.

 

[Fall_Colors]

P.S. I'm still curious if just an affidavit of separation is enough for my immigration without having to go through legal separation or divorce process.

I'll never be able to find out answer to the question, that I asked myself, as to whether just an affidavit of separation is enough. As things turned out, I ended up reluctantly filing for a divorce. I attached both the affidavit of separation (including request to exclude my spouse from future sponsorship) and divorce proceedings paperwork. My application was approved without requiring any participation from my spouse and with the condition that I can never sponsor my spouse in future.

 

[Anu2017]

Hi @Fall_Colors, Congratulations! Did you apply as legally separated or married(spouse not accompanying) ? Also, can you please provide more details about affidavit of separation. Did you get that from the court or just notary ? Is yours and your spouses signature needed in that ? Could you please share its template ?

Also, as a part of divorce proceedings paperwork, what all did u submit ? Is it only the full petition filed or anything else also ?
I am in the same boat, please help!

Thanks in advance!

 

[Fall_Colors]

Hi @Fall_Colors, Did you apply as legally separated or married(spouse not accompanying)?

Legally separated.

Also, can you please provide more details about affidavit of separation. Did you get that from the court or just notary ? Is yours and your spouses signature needed in that ? Could you please share its template?

I recommend you prepare an affidavit of separation on your own or take help from an attorney if required. Get it notarized once you have one. There is nothing like a template. Each person's situation is unique and you should best explain details of your marriage as well as separation. Also mention that by your spouse not submitting to medicals and PCC, you will not be able to sponsor them anytime in future. Prior to preparing the affidavit, make best effort to get your spouse examined for medicals and PCC and go for the affidavit of separation only if they're unwilling to get examined. Here is a sample affidavit, shared by another member jonclk22, if you'd like to glance through: sample affidavit of separation

Also, as a part of divorce proceedings paperwork, what all did u submit ? Is it only the full petition filed or anything else also?

I submitted copy of the full petition. You can include copies of additional proceedings if the case has advanced but not every single piece of paperwork, rather enough to capture the essence of your on going case.

 

[priyabansal.in]

Divorce case is still in process (not divorced yet)
What documents would be required for "Legally Separated"?
Also, is spouse's Medical and PCC required for Legally separated ? (we are not in talking terms)