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

[MRM01]

Hi,

I hope everyone is doing well. I appreciate this helpful tips and advice from this thread. And I also need some advice regarding my ongoing PR application.

I have been separated for 11 years, and my PR application with 1 dependent process has been ongoing since January 2023.

Some Timeline:

January 25, 2024
- Received a letter from IRCC requesting a signed statutory declaration stating my relationship with my husband and detailing the efforts I made to explain why my husband cannot be examined.
* I sent a statutory declaration stating that I have been separated for more than 10 years, provided evidence that I am a solo parent and the financial provider for my daughter.
* I also sent a document showing that I have applied and paid for a divorce at the Superior Court of Justice, but the process has not yet started.

March 2024
- Received a letter from IRCC requesting a completed Schedule 19B, a reference letter, and other documents from my employer.
* I complied and submitted all required documents.

May 17, 2024
- Received a letter requesting a Divorce Certificate.

This process has been lengthy. Despite submitting a statutory declaration explaining my situation, they are still requesting a Divorce Certificate. It may have been a mistake to mention that I was in the process of filing for a divorce.

Here are some of my questions:

1. Should I push forward and start the divorce process? How long would it take, and should I submit a Letter of Explanation (LOE) in the meantime?
2. Can I submit an affidavit of separation while waiting for the Divorce Certificate? Would they grant me PR in advance?
3. Does anyone know how long it would take to get a simple divorce under the Hague Convention process? Are there any informational links about the Hague Convention?
4. How long does the process take for a mutual or joint uncontested divorce?

Unfortunately, I am in maintained/implied status and cannot go home. I just want to finish and get PR as soon as possible so I can see my family.

Hopefully you could give me some helpful advice. Thank you!

 

[Jaspreet1516]

Hi,

I hope everyone is doing well. I appreciate this helpful tips and advice from this thread. And I also need some advice regarding my ongoing PR application.

I have been separated for 11 years, and my PR application with 1 dependent process has been ongoing since January 2023.

Some Timeline:

January 25, 2024
- Received a letter from IRCC requesting a signed statutory declaration stating my relationship with my husband and detailing the efforts I made to explain why my husband cannot be examined.
* I sent a statutory declaration stating that I have been separated for more than 10 years, provided evidence that I am a solo parent and the financial provider for my daughter.
* I also sent a document showing that I have applied and paid for a divorce at the Superior Court of Justice, but the process has not yet started.

March 2024
- Received a letter from IRCC requesting a completed Schedule 19B, a reference letter, and other documents from my employer.
* I complied and submitted all required documents.

May 17, 2024
- Received a letter requesting a Divorce Certificate.

This process has been lengthy. Despite submitting a statutory declaration explaining my situation, they are still requesting a Divorce Certificate. It may have been a mistake to mention that I was in the process of filing for a divorce.

Here are some of my questions:

1. Should I push forward and start the divorce process? How long would it take, and should I submit a Letter of Explanation (LOE) in the meantime?
2. Can I submit an affidavit of separation while waiting for the Divorce Certificate? Would they grant me PR in advance?
3. Does anyone know how long it would take to get a simple divorce under the Hague Convention process? Are there any informational links about the Hague Convention?
4. How long does the process take for a mutual or joint uncontested divorce?

Unfortunately, I am in maintained/implied status and cannot go home. I just want to finish and get PR as soon as possible so I can see my family.

Hopefully you could give me some helpful advice. Thank you!

Hi, i submitted my PR application stating as legally separated in July 2023. Ircc requested divorce certificate in Nov 2023. I submitted all supporting documents like separation agreement, affidavit from family lawyer. But IRCC requested divorce certificate again. In Feb 2024, i submitted divorce filling documents and explained that i have to wait for court's decision to obtain divorce certificate. IRCC put my file on hold without requesting additional documents.
Finally, i got divorce certificate in April 2024, i submitted to IRCC and got result for PR application.

answers of your questions-

1. I suggest you to fill divorce asap to get your PR.
2. You can submit separation agreement and affidavit. It depends on IRCC officer. In my case, IRCC had put my file on hold because of divorce certificate.
3. No idea about this
4. In Ontario Canada, i filled divorce in Feb 2024 and divorce was granted on March 20th, 2024.

Thanks

 

[MRM01]

Hi, i submitted my PR application stating as legally separated in July 2023. Ircc requested divorce certificate in Nov 2023. I submitted all supporting documents like separation agreement, affidavit from family lawyer. But IRCC requested divorce certificate again. In Feb 2024, i submitted divorce filling documents and explained that i have to wait for court's decision to obtain divorce certificate. IRCC put my file on hold without requesting additional documents.
Finally, i got divorce certificate in April 2024, i submitted to IRCC and got result for PR application.

answers of your questions-

1. I suggest you to fill divorce asap to get your PR.
2. You can submit separation agreement and affidavit. It depends on IRCC officer. In my case, IRCC had put my file on hold because of divorce certificate.
3. No idea about this
4. In Ontario Canada, i filled divorce in Feb 2024 and divorce was granted on March 20th, 2024.

Thanks

Hi Jaspreet thank you for you advice. Tomorrow I will go to the court first so they can help me answer some of my question.

Hi, i submitted my PR application stating as legally separated in July 2023. Ircc requested divorce certificate in Nov 2023. I submitted all supporting documents like separation agreement, affidavit from family lawyer. But IRCC requested divorce certificate again. In Feb 2024, i submitted divorce filling documents and explained that i have to wait for court's decision to obtain divorce certificate. IRCC put my file on hold without requesting additional documents.
Finally, i got divorce certificate in April 2024, i submitted to IRCC and got result for PR application.

answers of your questions-

1. I suggest you to fill divorce asap to get your PR.
2. You can submit separation agreement and affidavit. It depends on IRCC officer. In my case, IRCC had put my file on hold because of divorce certificate.
3. No idea about this
4. In Ontario Canada, i filled divorce in Feb 2024 and divorce was granted on March 20th, 2024.

Thanks

Hi Jaspreet,

Thank you for your advice and helpful information. I will start processing my divorce and submit the affidavit of separation.

When you filed your divorce, was it a simple or joint divorce?

Hopefully after this I will also received my PR.

Again Thank you!

 

[Bubble77777777]

Need suggestion and advice, --> In case of No court order or anything to proof that we are separated, will the Affidavit stating that I do not intend to reconcile and will not sponsor my spouse in future and will proceed with legal avenues of divorce in future, will be sufficient after ITA is received?

looking for help, this is complicated situation.

What happened with your case?

 

[Bubble77777777]

hey guys I am in the same situation.

I am going to submit letter of separation. Did not filed divorce yet as we are still negotiating things and it might take some time before we file divorce.

Would it be enough ?
Any other things I should include ?

Please advise me thanks

What happened with your case?

 

[Bubble77777777]

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?

What was the result on your case?

 

[Bubble77777777]

Hi,all!!
I have a question for all of you that IRCC officer called to my agent and requested “separation agreement” which show a proof of my martial status. I applied for PR and I am “legally separated”. I submitted separation agreement at the beginning of the month and i got reply back that separation agreement that I submitted was not satisfied for pR. They asked for another document showing i am legally separated.
What else, I can submit??
Please, help me out!!
Very frustrating and sad...

What happened with your case after?

 

[Bubble77777777]

HI, thank you for your time.

I submitted PR application just for myself. My husband is non accompany in my PR application.
what documents i can submit to explain about not having divorce certificate yet? is there any suggestion?
will they process my PR application or wait until i get divorce certificate. I can only submit divorce application after February 2024. I am so worried and confuse.

Hey Jaspreet, any update on your case?

 

[sabensaid92]

Hi,
I just wanted to give a quick update on my case, I've got my RFV email finally after a long struggle. At the end it really comes to how you explain the situation and how the agent is "open minded"

 

[cvuser09]

Hi,
I just wanted to give a quick update on my case, I've got my RFV email finally after a long struggle. At the end it really comes to how you explain the situation and how the agent is "open minded"

Congratulations! @sabensaid92

When you have sometime, if you can add more information that would help many of us who are still stuck in the same situation. I will be nominated by Ontario soon, but really not sure if I should submit PR application with pending divorce. Gives me nightmares.

 

[Guri6060]

Hi,
I just wanted to give a quick update on my case, I've got my RFV email finally after a long struggle. At the end it really comes to how you explain the situation and how the agent is "open minded"

Congratulations

i was requested IRCC by Divorce certificate twice, i provided on 29 March by webform but still could not get any update,

Everything is complete even got PAL but 4 months have gone to submitted divorce certificate but there is no update.

When i call to client support centre, they said application in progress.

Please suggest me, what can i do so that my application could be processed.
anybody has similar case.


thank you so much
advance.
appreciate.

 

[sabensaid92]

Hello @Guri6060
If you have got PAL and everything green that means the agent is satisfied with your explanation. you will get your approval email RFV soon. there is nothing to do right now but wait. I cases like ours they probably need a senior approval and they go through your file again and check all the explanation provided. it is indeed a good new you got PAL, me in my case didn't get it.

Hello @cvuser09
My case is the following: 4 times ADR requesting divorce certificate and a PFL.
You need to tell the clearly when they will ask you in ADR for a divorce certificat, you need to tell clearly in your response letter that you do not have a divorce certificate for the moment, and you mention why (case is still in court pending). They may give your hard time but there is no legal reason why they should deny you for the visa. Just make sure to always tell the truth in your application
basically follow theses steps :

1. You will need to do is to start the divorce. Get a paper from the court with your file or case number proving you have filed a divorce case. if this is already done than it's great. you have proof that you don't want to continue living with your spouse
2. Go to a notary or a lawyer (or any certified commissioner to have a legalized affidavit) and have a signed affidavit stating that you are right now separated, your separation is final, you do not intend to reconcile and you do not intend to sponsor her in the future into Canada. (all those point need to be mentioned in the letter)
3. Write an explanation letter in response to IRCC request using the font ARIAL size 14. You need to use short sentences explaining your situation right now, that you have started the divorce process (see attachement your court documents that you will provide), You explain why you cannot provide divorce certificate (example the case is still in the divorce court and not finalized) and that your separation is final and you will not sponsor your ex into Canada ( see attachement 2 the legalized affidavit)
4. Sign your explanation letter and don't forget to put your name, IRCC's application number and your UCI if you have it. Remember always short sentence (use bullet points if you need) and straight to point. keep it short and sweet.

Good luck!

 

[Guri6060]

Hello @Guri6060
If you have got PAL and everything green that means the agent is satisfied with your explanation. you will get your approval email RFV soon. there is nothing to do right now but wait. I cases like ours they probably need a senior approval and they go through your file again and check all the explanation provided. it is indeed a good new you got PAL, me in my case didn't get it.

Hello @cvuser09
My case is the following: 4 times ADR requesting divorce certificate and a PFL.
You need to tell the clearly when they will ask you in ADR for a divorce certificat, you need to tell clearly in your response letter that you do not have a divorce certificate for the moment, and you mention why (case is still in court pending). They may give your hard time but there is no legal reason why they should deny you for the visa. Just make sure to always tell the truth in your application
basically follow theses steps :

1. You will need to do is to start the divorce. Get a paper from the court with your file or case number proving you have filed a divorce case. if this is already done than it's great. you have proof that you don't want to continue living with your spouse
2. Go to a notary or a lawyer (or any certified commissioner to have a legalized affidavit) and have a signed affidavit stating that you are right now separated, your separation is final, you do not intend to reconcile and you do not intend to sponsor her in the future into Canada. (all those point need to be mentioned in the letter)
3. Write an explanation letter in response to IRCC request using the font ARIAL size 14. You need to use short sentences explaining your situation right now, that you have started the divorce process (see attachement your court documents that you will provide), You explain why you cannot provide divorce certificate (example the case is still in the divorce court and not finalized) and that your separation is final and you will not sponsor your ex into Canada ( see attachement 2 the legalized affidavit)
4. Sign your explanation letter and don't forget to put your name, IRCC's application number and your UCI if you have it. Remember always short sentence (use bullet points if you need) and straight to point. keep it short and sweet.

Good luck!

Thank you so much for valuable reply.
I wait.

 

[cvuser09]

Hello @Guri6060
If you have got PAL and everything green that means the agent is satisfied with your explanation. you will get your approval email RFV soon. there is nothing to do right now but wait. I cases like ours they probably need a senior approval and they go through your file again and check all the explanation provided. it is indeed a good new you got PAL, me in my case didn't get it.

Hello @cvuser09
My case is the following: 4 times ADR requesting divorce certificate and a PFL.
You need to tell the clearly when they will ask you in ADR for a divorce certificat, you need to tell clearly in your response letter that you do not have a divorce certificate for the moment, and you mention why (case is still in court pending). They may give your hard time but there is no legal reason why they should deny you for the visa. Just make sure to always tell the truth in your application
basically follow theses steps :

1. You will need to do is to start the divorce. Get a paper from the court with your file or case number proving you have filed a divorce case. if this is already done than it's great. you have proof that you don't want to continue living with your spouse
2. Go to a notary or a lawyer (or any certified commissioner to have a legalized affidavit) and have a signed affidavit stating that you are right now separated, your separation is final, you do not intend to reconcile and you do not intend to sponsor her in the future into Canada. (all those point need to be mentioned in the letter)
3. Write an explanation letter in response to IRCC request using the font ARIAL size 14. You need to use short sentences explaining your situation right now, that you have started the divorce process (see attachement your court documents that you will provide), You explain why you cannot provide divorce certificate (example the case is still in the divorce court and not finalized) and that your separation is final and you will not sponsor your ex into Canada ( see attachement 2 the legalized affidavit)
4. Sign your explanation letter and don't forget to put your name, IRCC's application number and your UCI if you have it. Remember always short sentence (use bullet points if you need) and straight to point. keep it short and sweet.

Good luck!

Thank you so much. And god luck for the future.
I will keep the forum updated when I go through the process.

 

[cvuser09]

Thanks guys for this thread. I'm in the same boat actually.
I filed my PR application as Legally separated. I've been living alone quite some time.
So when I filed my EE application, I mentioned that I'm legally separated ( There was no way to communicate with my ex husband so no way to sign any paper or agreement of separation) And thanks to his thread I added a LOE with the following:

1. Certificate of my Attorney that he's representing my in the divorce case and that's ongoing
2. Affidavit of separation and no future sponsoring into Canada ( I took one of the sample models in this thread )

Days goes by, Medical passed, Bio completed, Eligibility completed... at this point I thought great, if Eligibility is completed so they saw my explanation for the on going divorce and it should be ok! well boy I was wrong.... I got an ADR asking for divorce certificate. Reached out to my divorce lawyer and told me that they have a first date of court appearance in 2025 (things in this country run very very veeeeeerry slow) but nothing else. I told the attorney to send it to my in writing. I called IRCC for additional information how to answer to this ADR, they told me to just gather all document and explanation I have with an LOE. And I did just that: Explanation letter, email from attorney with a court appearance date etc. etc. Few days later another ADR, asking AGAIN for divorce certificate. I'm flabbergasted at this point.

Thankfully I've ordered before my GCMS notes. and I could see that the officer stated in my family composition that I'm Separated, He saw my documents as he has put the name of the file between brackets, and at the end of his notes he writes: Selection Criteria Met. A1 1.2 Met Selection EE Econ -PASSED Pending Divorce Certificate. (the GCMS notes were issued before the 2nd ADR )

I called again IRCC, they have told me that it may be a glitch, they left a note to the officer to review again the documents I've submitted in response to the first ADR (IRCC confirmed me later that the note has been viewed by the office) , and I was instructed to resubmit again the same document. Which I did with another LOE.

So guys, do you have any thoughts about this? what can I add as documents to prove my actual status as "Separated" and to successfully convince my case officer?
I was thinking about sending a webform with rent receipts, change of address, utility bills etc. to prove I'm living alone and away from my ex...
For any details about my timeline please check my signature

Thankyou very much in advance for your help!

I got the PNP nomination and ITA yesterday both with status "married"
Should I still file as "legally separated"? I have been living away since 2 years.

I see that you filed as legally separated, which is technically the right status if one has been living away for more than a year. But a friend advised me to keep marital status "married" and explain situation in Letter of Explanation, since the divorce is not yet finalized, and my country also doesn't officially recognize "legally separated".

Should I decline the ITA? If I decline I can change marital status to "legally separated", wait for the invite again, and the file PR application with accurate information.