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

[sabensaid92]

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.

I have also been advised that, but again, this has another set of issues. First, if you file as married, you will be asked to provide your wife's info, police certificat, medical etc... and that will be very hard to do. Plus you will have to upload something in the correspondant section for each of those files and applications are pre-screen by IRCC AI tools so if they don't find the appropriate document your application is at risk to be denied. Stick to the facts, yes you are married but you do not live with your spouse. You'll just need to provide the maximum possible documentation that you are underway to divorce.
If you have already started your divorce, bring your court documents. those are a good proof that you do not want to reconcile for the moment with her.
And If you have the possibility, try to consult with an immigration lawyer, you will have the right advice for your situation.

 

[cvuser09]

I have also been advised that, but again, this has another set of issues. First, if you file as married, you will be asked to provide your wife's info, police certificat, medical etc... and that will be very hard to do. Plus you will have to upload something in the correspondant section for each of those files and applications are pre-screen by IRCC AI tools so if they don't find the appropriate document your application is at risk to be denied. Stick to the facts, yes you are married but you do not live with your spouse. You'll just need to provide the maximum possible documentation that you are underway to divorce.
If you have already started your divorce, bring your court documents. those are a good proof that you do not want to reconcile for the moment with her.
And If you have the possibility, try to consult with an immigration lawyer, you will have the right advice for your situation.

Thank you. That makes lot of sense. I'll try to find out if I need to decline the ITA to change marital status, otherwise I will file as separated on the same ITA and provide as much documentation as I can.

 

[Serolf]

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.
When did you got your portal 1 after submitting your divorce certificate?
I submitted my DC but still no update from IRCC up to now.
Looking forward to your response.
Thank you

 

[MRM01]

Hi Serolf,

Good Morning!

When did you submitted your DC? And any update if you received some good news from IRCC?

Thank you!

 

[Serolf]

Hello! I submitted my DC last August 1, 2024. Unfortunately, no update yet.
How about you?