OCI - SEPARATED BUT NOT DIVORCED - NEED HELP
- Thread starter mk9353
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Hi Could you please advise if the court issued decree of divorce is sufficient for oci. I got divorced in India.I got divorced first and then applied for OCI
Was your ex spouse Canadian citizen? Did you had to get Canadian divorce certificate notarized with ministry of Ontario and Indian counsalte before applying for oci?I got divorced first and then applied for OCI
No, my ex was not a citizen at the time I got separated. I don’t know after separation. I don’t think citizenship has to do anything if you are divorcing in Canada. I didn’t get my divorce certificate notarized or anything to apply for OCI.Was your ex spouse Canadian citizen? Did you had to get Canadian divorce certificate notarized with ministry of Ontario and Indian counsalte before applying for oci?
The official oci checklist said that we need indian certificate. Only if both have Canadian citizenship than only Canadian divorce with notary is accepted.No, my ex was not a citizen at the time I got separated. I don’t know after separation. I don’t think citizenship has to do anything if you are divorcing in Canada. I didn’t get my divorce certificate notarized or anything to apply for OCI.
But looks like it is outdated information.
Thank you for response.
Hey Guys,
I am in exactly same siutation as yours.
Separated for more than 6 years,
Ongoing Divorce in India, Marriage certificate from India
I know I will not get divorce in India for another 20 years
Should I apply for OCI with all the information I have ?
As I read I do not see any issue applying for OCI and declaring marriage ( as there is no separated concept or option in Indian visa, or other things) and providing Spouse details
Its Indian OCI and even if there is her name on OCI how does it matter ? Unless we get divorce in India we are considered marriage.
Also if I withdraw my divorce application in India and file divorce here in Canada, I do not think it will matter. Indian cases last forever and I do not think I can plan future based on uncertainity
So I think I should apply for OCI even I am separated and do not wait
What do you guys think
I am in exactly same siutation as yours.
Separated for more than 6 years,
Ongoing Divorce in India, Marriage certificate from India
I know I will not get divorce in India for another 20 years
Should I apply for OCI with all the information I have ?
As I read I do not see any issue applying for OCI and declaring marriage ( as there is no separated concept or option in Indian visa, or other things) and providing Spouse details
Its Indian OCI and even if there is her name on OCI how does it matter ? Unless we get divorce in India we are considered marriage.
Also if I withdraw my divorce application in India and file divorce here in Canada, I do not think it will matter. Indian cases last forever and I do not think I can plan future based on uncertainity
So I think I should apply for OCI even I am separated and do not wait
What do you guys think
You have to file as married. They also request your spouses passport details.Hey Guys,
I am in exactly same siutation as yours.
Separated for more than 6 years,
Ongoing Divorce in India, Marriage certificate from India
I know I will not get divorce in India for another 20 years
Should I apply for OCI with all the information I have ?
As I read I do not see any issue applying for OCI and declaring marriage ( as there is no separated concept or option in Indian visa, or other things) and providing Spouse details
Its Indian OCI and even if there is her name on OCI how does it matter ? Unless we get divorce in India we are considered marriage.
Also if I withdraw my divorce application in India and file divorce here in Canada, I do not think it will matter. Indian cases last forever and I do not think I can plan future based on uncertainity
So I think I should apply for OCI even I am separated and do not wait
What do you guys think
It would be tricky if you don't have it.
Even if you file for divorce here in Canada, it would not be possible to get divorce without serving her in Canada.
But serving and getting divorce in canada will take at least 6 months if she just doesn't respond. If she did respond, it take years.I can serve her.
However, do you see any issue if I file for OCI while divorce continues in India and I have her name on the OCI ?
Hey Thanks for your insights !But serving and getting divorce in canada will take at least 6 months if she just doesn't respond. If she did respond, it take years.
Years means 2-3 years or more - I will look into it more, but I think if you don not have kids ultimately it will take 2-3 years. If its like forever than better for me to continue in India