Please help me - Applying for divorce on mutual consent

[srihari ram]

Hi Everyone,
we are going to apply for divorce on mutual consent. i believe it will take 6 months to get divorce. now can i apply for PR under CEC.
if i can, what is going to be my marrital status on applicaion form. when we apply for divorce on mutual consent, court may give some documents declaring the same. is that fine or do i need to wait till i get divorce certificate. Please give me some suggessions.

Thanks in advance.

 

[PMM]

Hi

Hi Everyone,
we are going to apply for divorce on mutual consent. i believe it will take 6 months to get divorce. now can i apply for PR under CEC.
if i can, what is going to be my marrital status on applicaion form. when we apply for divorce on mutual consent, court may give some documents declaring the same. is that fine or do i need to wait till i get divorce certificate. Please give me some suggessions.

Thanks in advance.

Select Legally separated.

 

[MenicMonday]

Why would he, he's not yet legally separated.

Just apply as Married since that's your status at the time of your application (I'm assuming you're applying now).
If you're sure she's not accompanying you to Canada (meaning in the PR process), then indicate as such.

Once you have obtained the separation documents, simply update CIC with your status.

My opinion is that it's easier to remove people in the application than adding them (although in your case, she's not applying with you).
Do you have dependents?

 

[srihari ram]

Hi,
if i mention my status as married. then i have to submit documents for my wife and kid even though they are not accompanying with me. But i can not. she will get the full custody of my child and i may get visitational rights. i will not have any dependents. i am scared that if i wait till i get divorce certificate i may lose the chance to apply under cec as CAP will get over(8k). i heard they will close CEC, FSW when Canada express immigration is launched.

 

[MenicMonday]

What documents are you referring to, that you cannot submit?

Were you referring to the Background Declaration, Family Information, and Civil Documents?

 

[srihari ram]

Below are the documents i will not be able to submit.

1. Marriage certificate
2. Wife Passport copies
3. Wife DOB
4. Kid Passport copies
5.Kid DOB

 

[canuck_in_uk]

Below are the documents i will not be able to submit.

1. Marriage certificate
2. Wife Passport copies
3. Wife DOB
4. Kid Passport copies
5.Kid DOB

The very first response by PMM told you exactly what to do: select Legally Separated.

The child will still be your dependent, regardless of the custody arrangement; you are required to include him/her in the application, even if non-accompanying. S/he will need to undergo a medical and you will need his/her documents.

 

[bhabes]

Selecting legally separated also means that u need to include ur wife in your application I advise that u wait for your divorce papers, i applied before for my CEC as legally separated and i include my ex hsband. since my application got denied re: wage issue, all the money we paid for processing went to drain . We are on the same boat i am still waiting for my divorce papers and as long you submit your application before your status expires and before January 2015 you are still good and considered under implied status

 

[veronica79]

I applied as legally separated too since me and husband were not living together for 4years and we had problems later on. I did not include him in my application, so he don't have to do medicals even though he wouldn't accompany me in canada. When CIC asked for proof of separation, I just submitted an affidavit stating what happened in our marriage and have it notarized, and also my immigration consultant requested for a declaration form from CIC, declaring that he is not a family member and that I will not sponsor him in the near future. So far, haven't heard from CIC yet if they need more addtl document.

 

[srihari ram]

if she get full custody of my child, how can he be my dependent. i can not sponsor him in future as he can not leave her mother. even though i ask my wife for any help, she may not do as we are separated.

 

[veronica79]

if she get full custody of my child, how can he be my dependent. i can not sponsor him in future as he can not leave her mother. even though i ask my wife for any help, she may not do as we are separated.

got ya! Yours is more complicated coz you have children. If I were in your situation, I would seek help from a lawyer or from experts on immigration, just to be sure. Just my opinion.

 

[srihari ram]

i agree with you. i spoke with 2 lawyers. one lawyer asked me for 7k and he mentioned that i dont need to submit any documents(wife and kid). i didnt believe him. another lawyer asked me for 3500 and she mentioned that unless i provide all necessary documents as per CIC website, she can not help. i believe immigration experts can help me. i dont know how to find them?

 

[srihari ram]

i have more than 2 years exp in Canada and have all required document excludes wife and kid. i have been trying to find the way to apply since more than a year. it was hell thinking all the time. i have little hope that i may find some way.

 

[veronica79]

i agree with you. i spoke with 2 lawyers. one lawyer asked me for 7k and he mentioned that i dont need to submit any documents(wife and kid). i didnt believe him. another lawyer asked me for 3500 and she mentioned that unless i provide all necessary documents as per CIC website, she can not help. i believe immigration experts can help me. i dont know how to find them?

wow! That's a lot of money! I'll pm you the agency that assists me.

 

[MenicMonday]

I agree, let the divorce proceeding take its course and get finalized. I understand it's risky 'coz of the cap, but it's the path of least resistance I think.

BTW, I'm just curious why you can't get those civil documents (Marriage/Birth Certificates), aren't those requested to the civil registry by any of the parents/parties?