Separated from wife but no divorce. CIC asked for divorce certificate. What should I do?

[Kingharshal]

Hi guys, i just submitted my PR application under the public policy. I have the same situation my husband wont cooperate. so I attached an affidavit about it . My immigration consultant advice me to get a divorce. In the divorce process do i need the signature of my husband? Or does the court will send a letter to him? I have 2 kids and they are living with him. My husband and kids are in the Philippines

Divorce certificate is issued when the divorce is finalized.
you can / will need to prove that you have filed for divorce and attach the copy to your application or the link CIC will activate on your profile for additional document.
No they won’t contact your husband as they have nothing to do with him. You are the main applicant . Affidavit are self declarations and not legally valid for immigration to prove your intent of separation/ divorce .
Hope it helps your situation.

 

[Kingharshal]

Divorce certificate is issued when the divorce is finalized.
you can / will need to prove that you have filed for divorce and attach the copy to your application or the link CIC will activate on your profile for additional document.
No they won’t contact your husband as they have nothing to do with him. You are the main applicant . Affidavit are self declarations and not legally valid for immigration to prove your intent of separation/ divorce .
Hope it helps your situation.

you don’t need his signatures . You need to file the application and sign it and send him a copy . You can file for divorce online and use that submission proof to give to CIC. This is all that CIC wants
Him getting the notice and responding to it is all court related matter

 

[13Sona]

Hi,
I am in a similar situation. I do not have any document to prove my separation. Please let me know whether you had success with apply just with Affidavit.

Same here. But I have already submitted LOE for in place of where they needed spouse information in tr to pr pathway application. Will that be ok.
Please reply if anyone have any idea about this.

 

[13Sona]

Hi guys, i just submitted my PR application under the public policy. I have the same situation my husband wont cooperate. so I attached an affidavit about it . My immigration consultant advice me to get a divorce. In the divorce process do i need the signature of my husband? Or does the court will send a letter to him? I have 2 kids and they are living with him. My husband and kids are in the Philippines

Hi MelayOcampo17
What did you submit in place of spouse photo, pcc and medical?
And imm5406 and 5669?
Because I do not have any information about my spouse background and or his documents to fill in the information in those forms. In addition to that I do not have any contact with him from more than a year now.
What can I do now?

 

[Kingharshal]

Same here. But I have already submitted LOE for in place of where they needed spouse information in tr to pr pathway application. Will that be ok.
Please reply if anyone have any idea about this.

only affidavit are not enough and you will always be asked to submit divorce certificate or proof of divorce application filed. It is clearly mentioned in their website under required documents the moment you apply as legally separated .

 

[Kingharshal]

Hi MelayOcampo17
What did you submit in place of spouse photo, pcc and medical?
And imm5406 and 5669?
Because I do not have any information about my spouse background and or his documents to fill in the information in those forms. In addition to that I do not have any contact with him from more than a year now.
What can I do now?

hire a immigration lawyer to avoid delays in such complicated situation .

 

[MelayOcampo17]

you don’t need his signatures . You need to file the application and sign it and send him a copy . You can file for divorce online and use that submission proof to give to CIC. This is all that CIC wants
Him getting the notice and responding to it is all court related matter

Thank you very much for your response.

 

[MelayOcampo17]

Hi MelayOcampo17
What did you submit in place of spouse photo, pcc and medical?
And imm5406 and 5669?
Because I do not have any information about my spouse background and or his documents to fill in the information in those forms. In addition to that I do not have any contact with him from more than a year now.
What can I do now?

Affidavit of separation. That he refuse to cooperate and that we are living separately.

 

[jonnclk22]

Hey John,

As I m also in same situation and following the thread of this conversation. Would you mind telling me what is CSE and why and when to raise it

CSE is case specific enquiry.

 

[Anu2017]

This is what I used:

AFFIDAVIT OF SEPARATION:

I, ______________________________, date of birth _______________ (mm/dd/yyyy) and holder of Passport no. _____________ issued by (country) _________________________ hereby certify that I am separated and estranged from my spouse (name of spouse)_______________________ date of birth _______________ (mm/dd/yyyy) and holder of Passport no. _____________ issued by (country) _________________________ since _______________ (mm/dd/yyyy). I further certify that I do not intend to reconcile with my spouse.


I intend to take following legal action with regard to my marital status:

_________________________________________________________________________


I, __________________________________, further certify that my spouse (name of spouse)_______________________ does not wish to undergo medical examination and police clearance process for the purposes of immigrating to Canada. I understand that such a refusal will render my spouse ineligible to be sponsored for immigrating to Canada at any time in the future if reconciliation were to occur prior to any legal changes to my marital status cited above.

Under penalties of perjury, I certify the above representations to be true as of the date shown below.


__________________________________________ ______________________

What is to be filled in "
I intend to take following legal action with regard to my marital status:

_________________________________________________________________________" ?? In my case, my husband has filed a contested divorce case. I am going to apply for PR as legally separated. Please help!

Your name (Signature) Date



__________________________________________ ______________________

Signature Notary Public / Commissioner of Oaths Date

 

[Anu2017]

This is what I used:

AFFIDAVIT OF SEPARATION:

I, ______________________________, date of birth _______________ (mm/dd/yyyy) and holder of Passport no. _____________ issued by (country) _________________________ hereby certify that I am separated and estranged from my spouse (name of spouse)_______________________ date of birth _______________ (mm/dd/yyyy) and holder of Passport no. _____________ issued by (country) _________________________ since _______________ (mm/dd/yyyy). I further certify that I do not intend to reconcile with my spouse.


I intend to take following legal action with regard to my marital status:

_________________________________________________________________________


I, __________________________________, further certify that my spouse (name of spouse)_______________________ does not wish to undergo medical examination and police clearance process for the purposes of immigrating to Canada. I understand that such a refusal will render my spouse ineligible to be sponsored for immigrating to Canada at any time in the future if reconciliation were to occur prior to any legal changes to my marital status cited above.

Under penalties of perjury, I certify the above representations to be true as of the date shown below.


__________________________________________ ______________________


Your name (Signature) Date



__________________________________________ ______________________

Signature Notary Public / Commissioner of Oaths Date

 

[Anu2017]

What is to be filled in the separation affidavit " I intend to take following legal action with regard to my marital status:

_________________________________________________________________________." In my case my husband has filed a contested divorce case and I am going to apply for PR as legally separated. Please help, urgent!

 

[prakashsk656]

Hi , I filed for divorce on Jan-2021 and submitted my PR on Apr-2021 as Legally Separated.
I enclosed -LOE , notarized affidavit of separation, certified copy of divorce petition from the court.
Now IRCC came back and asking me for divorce certificate. When I contacted IRCC, the agent said, since am not divorced yet, am technically still married and I have to submit PCC, medicals for my estranged/ex spouse. I explained to the agent that We are not in good terms and she would never agree to it. The Agent replied that there is no other way, I have to convince the visa officer now.

Seems like people who are going through divorce are not advisable to apply for PR!.

Any suggestions would help!

thanks,
Prakash

 

[Anu2017]

Hi , I filed for divorce on Jan-2021 and submitted my PR on Apr-2021 as Legally Separated.
I enclosed -LOE , notarized affidavit of separation, certified copy of divorce petition from the court.
Now IRCC came back and asking me for divorce certificate. When I contacted IRCC, the agent said, since am not divorced yet, am technically still married and I have to submit PCC, medicals for my estranged/ex spouse. I explained to the agent that We are not in good terms and she would never agree to it. The Agent replied that there is no other way, I have to convince the visa officer now.

Seems like people who are going through divorce are not advisable to apply for PR!.

Any suggestions would help!

thanks,
Prakash

Did u mention in your affidavit that you will not sponsor ur spouse for immigrating to Canada in the future ?

 

[prakashsk656]

Yes I did mention this "
l, XXXXX, further certify that my spouse (name of spouse) XXXXX does not
wish to undergo medical examination and police clearance process for the purposes of immigrating
to Canada. I understand that such a refusal will render my spouse ineligible to be sponsored for
immigrating to Canada at any time in the future if reconciliation were to occur prior to any legal
changes to my marital status cited above"