Need advise on OCI

[George1978]

Dear All,
I need some help.I got Canadian Citizenship and I was about to surrender my Indian Citizenship.I thought getting OCI will be much easy than getting a Canadian citizenship.But for me its not so.I went through the OCI check list and I am facing two serious obstacles.

I was sponsored by my wife on Family Class FC1. But after 3 years we got divorced.It was not a marriage for convenience. So please don't see me as a bad person.

For OCI application at BLS they need my sponsors Landing paper(upto 3 generations if applicable).I am not in talking terms with my wife/sponsor.I cannot get her landing paper.

I wish to know why is that so.I have my Canadian citizenship certificate, my Canadian passport and my landing paper which states that I am FC1 Family class.Then why they want to see my sponsors landing paper?

Anybody have any idea please share with me so that I can understand the system.

In case I cannot contact my sponsor BLS have mentioned to contact Refuge board of Canada and get a letter stating that the "applicant never acquired refugee status in Canada" .When I googled I read that Refuge Board of Canada doesn't provide such a letter.

Any body got such a letter from Refuge board of Canada before?Please advise.

Second problem I am facing is I got married in India to a Canadian Citizen. But we got divorced in Canada.I requested my wife to do the divorce in India but she was not willing to do the divorce in India.She applied here because she is a Canadian.

BLS need my divorce certificate from Canada to be attested by Consulate General of India. But on Consulate General of India website its given

"An application must be submitted by applicants at the competent Indian civil court in India and a declaratory order authenticating and confirming that the foreign divorce decree is in accordance with Indian law which must be obtained by the applicants"

I am now in Canada and I don't know how can I get such an authentication from India.I don't know whether its hard to get such an authentication from India since my ex wife wont be appearing in an Indian court.I don't even have the divorce judgment.I have only the divorce certificate.

Is it possible to get my Canadian divorce certificate attested by Consulate General of India with out such an authentication?

I am born and brought up in India and my parents still live in India.Now the situation is that I wont be able to get an OCI if my divorce is not authenticated by Indian civil court.

Do you know any one who got OCI under the same situation.


Please advice me.I really need help.

 

[user828]

My cousin was sponsored like that, they got divorced as well - he applied in 2008 for OCI, no issues. I confirmed with him, never had to go furnish all these docs at all. This is total nonsense, how can they expect anyone to contact ex spouse for anything

 

[George1978]

Thank for sharing your cousins experience.Now I think Canadian Citizenship was so straight forward and easy.

 

[George1978]

I am not sure whether there can be two divorce for one marriage.We are already divorced in Canada 3 years back. It doesn't make sense.May be I think I need to make the divorce done in Canada legal in India.

I got a reply from the Refuge board.They asked me to fill up an application form and sent them and they will give me the letter in 30 days.So one issue is sorted.It was a wrong information some one posted on line that they wont give such a letter.

I also contacted Consulate General of India and informed them about my situation and asked of help.They informed me that they will give attestation to my Canadian Court divorce.Not sure whether its because my wife is Canadian.

 

[Neema3]

I am not sure whether there can be two divorce for one marriage.We are already divorced in Canada 3 years back. It doesn't make sense.May be I think I need to make the divorce done in Canada legal in India.

I got a reply from the Refuge board.They asked me to fill up an application form and sent them and they will give me the letter in 30 days.So one issue is sorted.It was a wrong information some one posted on line that they wont give such a letter.

I also contacted Consulate General of India and informed them about my situation and asked of help.They informed me that they will give attestation to my Canadian Court divorce.Not sure whether its because my wife is Canadian.

hi George,

Can you please confirm how did it go in your case

 

[Neema3]

My cousin was sponsored like that, they got divorced as well - he applied in 2008 for OCI, no issues. I confirmed with him, never had to go furnish all these docs at all. This is total nonsense, how can they expect anyone to contact ex spouse for anything

hi user828,

Can you please confirm what docs did your cousin submit for FC class apart from landing paper

 

[lovekumar86]

Hi George1978, I was an Indian Citizen and work permit holder of Canada when I married in India but divorced in Canada as a work permit holder. My ex-wife got married in India and settled there and we are not in touch since separation. I am about to apply for OCI now and as per OCI checklist regarding marital status states the following:

In normal circumstances, if the marriage is solemnized in India, the divorce should also be taken in India (not in Canada) however, if both applicants seeking to get divorced have acquired Canadian or foreign citizenship, they can get divorced in Canada, provided the decision is not ex- parte.

Can you please guide if I need to obtain a divorce certificate from India or Canada (which I already have) for applying OCI?

Your guidance will be much appreciated.