+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

OCI - SEPARATED BUT NOT DIVORCED - NEED HELP

mk9353

Star Member
Oct 10, 2023
100
36
Hello everyone,

I am looking to apply for OCI but my marital status is "Separated not Divorced". When I fill my online OCI application then it is asking me to provide Spouse details (Name, Citizenship, Profession, Date of Birth, and Passport details). Also, it asks to upload Spouse passport. I do have all the information and a pdf copy of my spouse passport but I am worried if I can provide that to Indian Consulate Toronto without knowledge/consent of my Spouse. I have no contact with my Spouse so can't take a consent letter.

Anyone in this forum who had gone through same situation or any expert please help me with my situation.

Thank you!!
 

forw.jane

VIP Member
Apr 29, 2019
6,907
2,808
Hello everyone,

I am looking to apply for OCI but my marital status is "Separated not Divorced". When I fill my online OCI application then it is asking me to provide Spouse details (Name, Citizenship, Profession, Date of Birth, and Passport details). Also, it asks to upload Spouse passport. I do have all the information and a pdf copy of my spouse passport but I am worried if I can provide that to Indian Consulate Toronto without knowledge/consent of my Spouse. I have no contact with my Spouse so can't take a consent letter.

Anyone in this forum who had gone through same situation or any expert please help me with my situation.

Thank you!!
https://www.cgitoronto.gov.in/page/open-house/#:~:text=The Consulate holds an open,3.00 PM and 4.30 PM.

You should use the open house to get official response.
 
  • Like
Reactions: mk9353

mk9353

Star Member
Oct 10, 2023
100
36

forw.jane

VIP Member
Apr 29, 2019
6,907
2,808
I did register for the open house multiple times but never got any confirmation email. As per CGI Toronto website only applicants with confirmation email are allowed to attend open house. I did raise a question via Sampark but didn't get any reply yet.
Post the same query on "Indian Passport, PCC & OCI Services - USA & Canada." FB group. Hopefully that being a bigger group you might find someone in similar situation.
 
  • Like
Reactions: mk9353

mk9353

Star Member
Oct 10, 2023
100
36
Post the same query on "Indian Passport, PCC & OCI Services - USA & Canada." FB group. Hopefully that being a bigger group you might find someone in similar situation.
I just posted in that group. Let's see if someone responds.
 

mk9353

Star Member
Oct 10, 2023
100
36
@forw.jane So I visited Indian Consulate Toronto today and met with an officer. The officer advised me not to apply for OCI until my marital status is not updated from "Separated" to "Divorced". They even asked me to hold on applying for a Visa. The reason they told me is once I marry again and my spouse do any paperwork then it will be a conflict. TBH I didn't understand what conflict they were referring but what I understood is Indian Consulate do not fully understand "Separated" marital status. Things are easier for Unmarried/Married/Divorced but for Separated status they tend to make it a big deal. The situation is unique so please take a note of it and help if someone will be in similar situation. I will wait for my final Divorce papers and apply for e-visa to travel to India. Whenever I am married again, I will apply for OCI.
 
  • Like
Reactions: forw.jane

forw.jane

VIP Member
Apr 29, 2019
6,907
2,808
@forw.jane So I visited Indian Consulate Toronto today and met with an officer. The officer advised me not to apply for OCI until my marital status is not updated from "Separated" to "Divorced". They even asked me to hold on applying for a Visa. The reason they told me is once I marry again and my spouse do any paperwork then it will be a conflict. TBH I didn't understand what conflict they were referring but what I understood is Indian Consulate do not fully understand "Separated" marital status. Things are easier for Unmarried/Married/Divorced but for Separated status they tend to make it a big deal. The situation is unique so please take a note of it and help if someone will be in similar situation. I will wait for my final Divorce papers and apply for e-visa to travel to India. Whenever I am married again, I will apply for OCI.
Thanks for providing a detail update. Rarely anyone does it. Appreciate it. Best of luck and hopefully things will be smooth, pretty soon for you.
 
  • Like
Reactions: mk9353

mk9353

Star Member
Oct 10, 2023
100
36
Thanks for providing a detail update. Rarely anyone does it. Appreciate it. Best of luck and hopefully things will be smooth, pretty soon for you.
Thank you and I can't thank you enough for doing what you are doing on this forum.
 

CP123

Newbie
Mar 14, 2024
1
0
@mk9353 hello brother . I am in same situation like you . I would like to talk with you over the phone quickly . It will be great help. Would you please provide me your what’s app number . So I can call you . You can comment your number here or message me your number privately.
 

mk9353

Star Member
Oct 10, 2023
100
36
@mk9353 hello brother . I am in same situation like you . I would like to talk with you over the phone quickly . It will be great help. Would you please provide me your what’s app number . So I can call you . You can comment your number here or message me your number privately.
Hello, You can message me privately on this portal.
 

psychu

Newbie
Apr 11, 2024
2
0
Just wanted to update here because I couldn't find a proper answer for this anywhere. I have a Canadian passport and already got my surrender certificate for Indian one.

I can confirm that separated status is not recognized and it will cause problems. I've been advised to just say married and upload marriage certificate and spouse's passport. And also fill in the section in the application where they ask for these details. No need to upload Joint Declaration of Subsistiting Marriage. My ex also has Canadian passport. Only need to bring a copy of spouse's passport and marriage certificate when I go for the appointment; no need for originals.
 

mk9353

Star Member
Oct 10, 2023
100
36
Just wanted to update here because I couldn't find a proper answer for this anywhere. I have a Canadian passport and already got my surrender certificate for Indian one.

I can confirm that separated status is not recognized and it will cause problems. I've been advised to just say married and upload marriage certificate and spouse's passport. And also fill in the section in the application where they ask for these details. No need to upload Joint Declaration of Subsistiting Marriage. My ex also has Canadian passport. Only need to bring a copy of spouse's passport and marriage certificate when I go for the appointment; no need for originals.
I would suggest you NOT to apply for OCI until you get Divorced or remarried. Once you apply for OCI with your current spouse their name will be printed on the booklet and further if you remarry you would need to update new spouse name. Ex spouse name will stay on the booklet.
 

psychu

Newbie
Apr 11, 2024
2
0
I would suggest you NOT to apply for OCI until you get Divorced or remarried. Once you apply for OCI with your current spouse their name will be printed on the booklet and further if you remarry you would need to update new spouse name. Ex spouse name will stay on the booklet.
I just got my OCI booklet!! Yeah it does say ex-spouse's name on the booklet. Welps I guess if I remarry, I'll deal with it then. I didn't really have to time to wait for the divorce to settle as it might take months to a year. Thanks for the advice though!
 

stampy

Newbie
Jun 21, 2024
1
0
Hello everyone,

I am looking to apply for OCI but my marital status is "Separated not Divorced". When I fill my online OCI application then it is asking me to provide Spouse details (Name, Citizenship, Profession, Date of Birth, and Passport details). Also, it asks to upload Spouse passport. I do have all the information and a pdf copy of my spouse passport but I am worried if I can provide that to Indian Consulate Toronto without knowledge/consent of my Spouse. I have no contact with my Spouse so can't take a consent letter.

Anyone in this forum who had gone through same situation or any expert please help me with my situation.

Thank you!!
I am in the same situation. Please let me know what did you fill in your application as your Marital Status. I also do not have my spouse's passport details as we have not been in touch since past two years and divorce proceedings are ongoing
 

mk9353

Star Member
Oct 10, 2023
100
36
I am in the same situation. Please let me know what did you fill in your application as your Marital Status. I also do not have my spouse's passport details as we have not been in touch since past two years and divorce proceedings are ongoing
I got divorced first and then applied for OCI