NEED HELP FROM ASIVAD ANAC & SENIORS REGARDING MARITAL STAUTUS IN EE

[physio84]

Hello everyone!!

I have been following this forum quite regularly and congratulate everyone for the good job everyone is putting in order to help each other. I am an EE applicant got AOR in Sep. During my application I put my marital status as separated (although it wasn't officially finalised) but I did attached the copy of the legal proceeding started in the court along with the affidavit that my husband wont be accompanying me and I will notify CIC once the official annulment is issued. Now I have been asked by CIC to provide
1. Proof of legal separation or
2.Add your spouse as non accompanying and send his medicals and PC in 30 days from the issue date

As my husband lives in UK and we have been living separated for over a year (I live in India) I tried to contact him incase he can agree to get his medicals done and apply for PC... But as expected he refused and is not willing to help! And as per court decision, Decree Nisi has been issued currently and we just have to wait out the essential 6 weeks elapse time in order to get the Decree absolute ( final annulment decision). The date for the same is around 20th November and I have to provide the above information till 15th November to CIC otherwise they will review my application on the basis of documents already provided which could result in refusal of my application. Please help me with your valuable advise as what can I do considering my current situation. Should I write LOE along with recent court decision and ask for additional time? And mention about spouse not willing to help in any case. Any help would be much appreciated!!

 

[Asivad Anac]

You're thinking straight here. That's pretty much the best you can do here. Delay this submission till Nov 13/14. Provide all possible evidence to back your assertions in your appeal. If possible, get an email from your spouse refusing to cooperate with you on this and send that along as well. Also inform CIC that you'll be able to send them the final decree by the end of November at the latest and request them for that additional leeway.

Unfortunately, once you're done providing these, you'll be at the officer's discretion and mercy. Hope it works out well for you.

All the best!

 

[physio84]

Thank you for your quick reply Asiad Anac! So, it just depends on the officer discretion now and chances that my application might get refused? There isn't any misrepresentation and I haven't lied about anything and moreover my 6 months time frame for the processing of my file is still there... I hope they will consider all these points before making any decision.

 

[Ibyt]

Hi,
You can send them what you have as adviced above on the last day given and send a CSE once you get an annulment 5 days later, you might be lucky that no one would have touched your application by the time your CSE gets attached to your application , then you would be good to go.

 

[physio84]

Thank You Ibyt for your valuable point.

 

[yelena]

Just provide the court order that you have, and as soon as you have it stamped as final, provide that as well.

This is really absurd by the way., they never say that your separation needs to be finalised before the end of the proces., or at least i never came across that..

In croatia separation can take from 6 months to 6 years to get finalized., this is rediculous

 

[mejAl]

Guys, What happens if my marital status changes from divorce/separated to married within the 60 days that I got my ITA and the actual day that I submit the e-APR? Invitation was based on PNP Sask.

Also, PNP Sask says spouse not included in my PNP appl cannot be added at a later time( like after the nomination) but can only come to Canada with family based sponsorship in the future.

Also what documents need to be submitted for non-accompanying spouse? PCC, medicals?