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Need urgent help. Do we need divorce certificate.

B

bkmsathi

Full Member
Nov 19, 2017
32
1
RedDevil21 said:
Seniors, or anyone with similar experience, need your urgent help.

I had applied for EE FSW-O with Marital status as Separated as divorce proceedings are still going on in the Indian courts for quite some time. The date of final decision cannot be predicted.

1. CIC requested for additional documents on Aug 9 requiring Divorce Decree. As advised by my consultant, in the absence of the final divorce decree, I uploaded latest court orders + letters from advocate (notarized) providing updates on the process and stating that once the case is proved, divorce decree is expected. Also, that the spouse and me are currently not co-habiting.

Also stated that timeframe / duration of the final decision depends on prevailing judicial system.

2. Now on Aug 25, CIC has again sent a letter requesting final divorce certificate and put my profile on hold for 60 days.
This is really confusing and worrying now as how can I provide the decree now + given that I have not mentioned that I am divorced, so why the insistence to get the decree. What should be my course of action now??

Also surprisingly, I had spoken to a CIC agent on 29 Aug (without being aware of the letter) who said security and eligibility are done and passed. Just now wait for final mail instructions as application has been passed.


Please help. @dr feras @legalfalcon
Click to expand...
Hi,
Even I am facing the same issue. What did u do to get it resolved ? Please suggest the process to follow.
Thanks
 
G

GAGANDEEP 17

Newbie
Apr 21, 2018
3
0
Hello brother, could u got PR now and what about your divorce case.is this pending or complete now.cic give u PR as on pending divorce case or not,please reply me as i m in the same situation
 
B

bkmsathi

Full Member
Nov 19, 2017
32
1
Hi @RedDevil21

When did u get ur ppr please?

Did u submit the docs the second time? Did cic mentioned that they are putting ur application on hold for 60days ?

Please suggest as cic did ask me the same divorce certicate while my divorce is in process. It’s been more than one month I have submitted the docs. Kindly suggest what should be the next step for me.

Thanks


RedDevil21 said:
Seniors, or anyone with similar experience, need your urgent help.

I had applied for EE FSW-O with Marital status as Separated as divorce proceedings are still going on in the Indian courts for quite some time. The date of final decision cannot be predicted.

1. CIC requested for additional documents on Aug 9 requiring Divorce Decree. As advised by my consultant, in the absence of the final divorce decree, I uploaded latest court orders + letters from advocate (notarized) providing updates on the process and stating that once the case is proved, divorce decree is expected. Also, that the spouse and me are currently not co-habiting.

Also stated that timeframe / duration of the final decision depends on prevailing judicial system.

2. Now on Aug 25, CIC has again sent a letter requesting final divorce certificate and put my profile on hold for 60 days.
This is really confusing and worrying now as how can I provide the decree now + given that I have not mentioned that I am divorced, so why the insistence to get the decree. What should be my course of action now??

Also surprisingly, I had spoken to a CIC agent on 29 Aug (without being aware of the letter) who said security and eligibility are done and passed. Just now wait for final mail instructions as application has been passed.


Please help. @dr feras @legalfalcon
Click to expand...
 
RedDevil21

RedDevil21

Full Member
Aug 10, 2017
39
28
got ppr in Dec 2017
yes ircc put my profile on hold for 2 months
I had to give all stamped court orders and LoE that the case is ongoing and the final judgement will take time

also a notarized undertaking not to circumvent immigrations regulations and tht I would nt sponsor her later under family class.

ircc did also ask for documents of separated spouse for their verification.

long process, but u will get through :)

bkmsathi said:
Hi @RedDevil21

When did u get ur ppr please?

Did u submit the docs the second time? Did cic mentioned that they are putting ur application on hold for 60days ?

Please suggest as cic did ask me the same divorce certicate while my divorce is in process. It’s been more than one month I have submitted the docs. Kindly suggest what should be the next step for me.

Thanks
Click to expand...
 
G

GAGANDEEP 17

Newbie
Apr 21, 2018
3
0
dr feras said:
My answer would be same as what legalfalcon already said. As you know, there is no (legal) separation in Canada, but as far as CIC is concerned, they should exclude ex spouse from your application in 2 circumstances, 1 being divorced, 2 having a legal separation agreement if such thing exists in your country.
The main reason behind this, is them wanting to make sure that you are not creating a loophole to overcome what might have been a case of medical inadmissibility in terms of excessive demand.
If you can not provide proof of either of those 2 cases, its all down to cic officer discretion based on each case. Now what I would suggest is not to upload anything during those 60 days just in case you were able to finalise your divorce before the given dead line. If not, then best thing to do would be to submit them again as suggested by legalfalcon.
I would imagine it might also help your case if you submit a declaration from you that you understand that by this you are knowingly dropping your ex from your pr application, and that you understand that they will be exluded from ever being sponsored by you.
Click to expand...
Hello brother.could u get pr of canada as ur divorce case is pending in india.i have the similar situation. Please reply me .
 
D

denvourski

Newbie
Feb 6, 2018
5
0
recently discovered a clerical error on my divorce certicate i used in applying for my PR which is still in progress..the judgement date is accurate but the solemnization date has an error..i ve informed cic via webform and asked my lawyer to make the relevant ammendment with the court..but i wonder how this affects my application?
 
N

nrsinquest

Star Member
Jun 23, 2018
58
3
Hi @RedDevil21, @mike2575, @lailina

I am divorced and the decree is with me. The decree has been issue by court and has a 'true copy' stamp on it issued by the Family Court in Mumbai.

I have received an ITA and need to upload divorce certificate.

What should I upload? The decree? There is no certificate as such.

Also, I am currently out of India. Someone mentioned about apostille. Would I have to go to Bombay for that? Lawyer does it?

Can you please help.

Thanks
 
roysanchez

roysanchez

Full Member
Sep 30, 2018
34
9
NOC Code......
2174
nrsinquest said:
Hi @RedDevil21, @mike2575, @lailina

I am divorced and the decree is with me. The decree has been issue by court and has a 'true copy' stamp on it issued by the Family Court in Mumbai.

I have received an ITA and need to upload divorce certificate.

What should I upload? The decree? There is no certificate as such.

Also, I am currently out of India. Someone mentioned about apostille. Would I have to go to Bombay for that? Lawyer does it?

Can you please help.

Thanks
Click to expand...
Canada isn’t part of the Apostille Convention so no need to do it for any document as they won’t recognize it.
 
J

Jatinder_singh

Star Member
Aug 1, 2019
120
3
Hii
If divorce is happened with mutual consent and have a divorce decree, is the decree sufficient to upload or do I need to upload additional documents..
Any advice on this matter is highly appreciable.
 
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