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

[armoured]

1. Is there any way to sponsor my wife in life time if she reconciles in future after I submit the affidavit, like remarrying etc.?
2. Does it really help to get the PR with the affidavit for this kind of cases? Did anyone get the PR (those who posted here or any other people who see this forum)?

I want to bring my family in future though my wife is not cooperating at this time. So I am hesitant to take this step of providing the affidavit unless there is a remedy. Please anybody answer if you know the answer.

As I understand it:
-You can put our wife and daughter as non-accompanying. This does not require them to immigrate to Canada at any time.
-If your wife and daughter do not present for the medicals, then your own file will not proceed without you signing the attestations in question.
-If you sign a document declaring that you understand you will never be able to sponsor them in future, you won't be able to sponsor them in future.

If you believe there is a chance of reconciliation, and wish to retain the possibility of sponsoring them in future, you will have to convince them to go for the medical examinations. Apart from the actual medical exams, there is no disadvantage to them.

if your erstwhile spouse will not agree to any of this, you should at least try to convince her to allow the daughter to be examined. For her, this does not remotely imply that she would be giving up custody or lose the right to approve/not approve of immigration in future (well, except when the child is 18 of course).

 

[Kaur1953H]

Hi,

If you divorce or seperate and submit affidavit then remarry again or reconcile again with the same spouse, Your application will be under scrutiny as they will see whether it was divorce of convenience or not(which means if your wife made you medically or criminality wise inadmissible at the time you made the application for your residency!

 

[rajkr]

As I understand it:
-You can put our wife and daughter as non-accompanying. This does not require them to immigrate to Canada at any time.
-If your wife and daughter do not present for the medicals, then your own file will not proceed without you signing the attestations in question.
-If you sign a document declaring that you understand you will never be able to sponsor them in future, you won't be able to sponsor them in future.

If you believe there is a chance of reconciliation, and wish to retain the possibility of sponsoring them in future, you will have to convince them to go for the medical examinations. Apart from the actual medical exams, there is no disadvantage to them.

if your erstwhile spouse will not agree to any of this, you should at least try to convince her to allow the daughter to be examined. For her, this does not remotely imply that she would be giving up custody or lose the right to approve/not approve of immigration in future (well, except when the child is 18 of course).

Thank you. Actually I had kept my family as non-accompanying only but still I was asked to provide some documentation (including police verification for my spouse) and medicals etc. My wife is not responding to medicals including for my daughter, but still I don't want to declare an affidavit about not sponsoring in future even after reconciliation (as there is a chance of reconciliation in future and I want to bring them later). So I am looking for any other way to request to consider only my application for now. If there is no chance at all, then I will give up my PR application.

 

[armoured]

My wife is not responding to medicals including for my daughter, but still I don't want to declare an affidavit about not sponsoring in future even after reconciliation (as there is a chance of reconciliation in future and I want to bring them later). So I am looking for any other way to request to consider only my application for now. If there is no chance at all, then I will give up my PR application.

I am not aware of any other way at this point - it's something you need to work out with your spouse, not IRCC.

You may wish to consult a lawyer to see if there is some other way.

 

[rajkr]

I am not aware of any other way at this point - it's something you need to work out with your spouse, not IRCC.

You may wish to consult a lawyer to see if there is some other way.

Thanks for the advice. I will consult a lawyer.

 

[Kaur1953H]

Hi,

I am in the same boat. The only way to sponsor them later on if you provide their PCC and medical in advance even if they are non accompanying in your application.

Submitting an affidavit is the only option for you that you are aware failing to provide their PCC and Medical means you will never be able to sponsor ever again as IRCC needs to check whether your accompanying or non accompanying family members does not make you inadmissible to Canada(medically or criminality wise)

 

[Wairagala]

Sorry

 

[Leonup]

Hi,

Congratulations on your PR, I just had a few questions. I am in a exact situation as yours

A) my lawyer suggested to not put legally separated in the option of marital status in the PR application... So I did so.. is that a problem?

B ) I submitted a letter of explanation to CIC as in why I am not submitting my husband details.. which included the divorce case details..
Is letter of an explanation self signed by me enough?

C) after a few days they asked me a divorce certificate.. then I too submitted an application explaining my situation with the divorce case details.. after which I have not received any enquiry from CIC.. do you think I should still submit them a affidavit ( notarised) explaining the reason why I don't have a divorce certificate till now ?

D) the divorce case has the date of separation from my husband.. or the date since I have not coinhabited with my husband.. will they consider that as the spearation?

My last date of the time lapse of six months is in a few days.. do you think I will get my PR.. or they would reject it ?

Thank you so much in advance.

Congratulations once again

Hi Smry, did u got the PR? I also applied as Married with non accompanying spouse as per suggestion of my Canadian Immigration lawyer and speeded tons of money. I already got divorce certificate request 3 times. Not sure, should we change our status from Married to legally separated by sending LOE? Also, do you think its good idea to take the file from lawyer and apply myself?

 

[Leonup]

Hi,
I applied PR under CEC with the help of Immigration lawyer by putting Married with non Accompanying Spouse. IRCC keep coming asking for divorce certificate thrice and my lawyer submitted same documents like petition, LOE, court letter & affidavit again n again with few update and taken tons of money. I see many of people are applying as legally separated with ongoing divorce.

• Should i change my marital status from married to legally separated with LOE?
• Is it ok to remove the lawyer and apply myself, especially after already submiiting application through her? My work permit is about to end.
• Will my application be delayed more due to the change i will be making?

Please help me with the situation.

 

[Amit#]

Hey, yeah. I called the CIC and had a chat with them regarding the situation and they said it was fine; that they get quite a bit of cases like these. It just takes a little longer to process the applications but as long as you are transparent and honest about your situation and take adequate steps to demonstrate that you've done whatever you could have possibly done, they'll process your application. Fortunately, my divorce certificate came through within 2 months of filing as my spouse was in a hurry to be with the guy she cheated with, that worked in my favor w.r.t faster processing.

Hi Sir,
I filed for PR in 2018 and the case is still pending with CIC.
Sir please help me by tell the sequence that once you submitted the Indian Court fee reciept and the signed affidavit from your wife to CIC....Did they processed your pr....or you were asked to submit the final documents of divorce...I.e. after serving the second motion.

I need your inputs...please make some time to reply.

 

[Amit#]

Hey, yeah. I called the CIC and had a chat with them regarding the situation and they said it was fine; that they get quite a bit of cases like these. It just takes a little longer to process the applications but as long as you are transparent and honest about your situation and take adequate steps to demonstrate that you've done whatever you could have possibly done, they'll process your application. Fortunately, my divorce certificate came through within 2 months of filing as my spouse was in a hurry to be with the guy she cheated with, that worked in my favor w.r.t faster processing.

Can we chat...please it will help me a lot.

 

[Amit#]

i didn't submit anything else other than the affidavit and the fee receipt..

Sir, You mentioned earlier that you only subimted the Affidavit and Fee Reciept.
Please tell me that you got your PR stamped on passport based on these documents or you also provided them with the divorce certificate which you got after 2 months (approx) as per your comments i read in this thread.

This will help me a lot.

Best Regards
Amit

 

[Amit#]

Been following this thread for long time and I am in similar situation like others. I have submitted my PR application on DEC 07th and waiting on batted breath about the result.

Applied as Legally Separated
Documents Submitted :
Court Petition of filling Divorce
Docket Number for reference
Legal Notice sent an year ago
Affidavit of separation ( Mentioning will not sponsor spouse to Canada)

Since the divorce case is ongoing and that too in India, its gonna take long time to process. We can hope that CIC is satisfied with the documentation provided that we are indeed separated and the reconciliation will not happen.

Last time when I called on Feb, I was Eligibility was met and Criminality is passed which is a good sign. Hoping for best.

@ds1010 - Please let us know what documents were submitted from your end and how long it took to get PPR from your AOR.

Thanks
Shan

Hi Sir,

Saw your thread. Just want to ask that did you got your PR stamped by providing the documents mentioned herein.
Please revert as i am sailing the same boat.

Regards
Amit

 

[13Sona]

Yes, you need to submit a divorce certificate so that the CIC officer can finalize your file. My friend was asked of this and she was separate from her husband but not divorced, so she had to go get a divorce first before she was granted PR (I think her husband was not PR, which is why divorce was necessary to complete her file; otherwise, she would have to wait for husband's file to reach the same stage as her given that they were technically one family unit.). So if you have the papers, just submit it and it won't have a negative impact on your file, unless your case has some peculiarity.

Hi Khazan
Is divorce filing documents okay, if it has not been granted yet?

 

[Reshmi Annie Jose]

Guys,

I got my PR and I'm legally seperated, haven't got my divorce certificate yet.

This is what I did,
I kept my marital status as legally seperated and uploaded a bunch of documents while applying. Especially to the slot where they asked for documents from spouse as well.

1. Copy of original petition
2. Proof or copy or anything related to any other cases you filed against your spouse (eg: protection act, criminal case etc)
3. A copy of power of attorney
4. An affidavit that you will not reconcile with your spouse
5. A letter from the lawyer signed, stamped and stating that the case is ongoing, date of case filed etc.

Also, I applied PR by myself and I haven't seen any Canadian lawyer for this reason. IRCC never asked any documents. Granted PR.

Hope this helps..