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

Jaspreet1516

Star Member
Nov 23, 2023
60
7
Hi, i mentioned as legally separated for my PR application and got ADR from ircc for divorce certificate. i don't have divorce certificate as our separation is less than year. what should i do?
 

Jaspreet1516

Star Member
Nov 23, 2023
60
7
Why did someone got divorce certificate but not separated?
I separated from my husband and i submitted that separation form already while submitting my PR application but ircc is asking for divorce certificate. I don't have that because i cant apply for divorce before one year separation.
 

steaky

VIP Member
Nov 11, 2008
14,770
1,749
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I separated from my husband and i submitted that separation form already while submitting my PR application but ircc is asking for divorce certificate. I don't have that because i cant apply for divorce before one year separation.
Can't you explain your situation and designate your spouse as non accompany for now? Once you got the divorce certificate, update IRCC.
 

Jaspreet1516

Star Member
Nov 23, 2023
60
7
Can't you explain your situation and designate your spouse as non accompany for now? Once you got the divorce certificate, update IRCC.
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.
 
Last edited:

Serolf

Full Member
Aug 21, 2023
27
2
Hi, i mentioned as legally separated for my PR application and got ADR from ircc for divorce certificate. i don't have divorce certificate as our separation is less than year. what should i do?
Hi! We are on the same boat.
My deadline is Dec 11.
And I can’t make it as well as my divorce process just started.
Based on this thread, some sent an affidavit or all proof that they’re separated or documents about their divorce process and together with the letter of explanation on which I will be doing as well.
But it’s all up to the immigration officer.
You might read this thread from the start to gain knowledge or idea regarding your situation.
Thank you.
 

cheanx

Newbie
Nov 7, 2023
8
0
This whole thing is so stressful

Got AOR july-inland

Past relation been separated for more than 5 years now- ex in another country.

Filed divorce from canada 3 years ago under Hague Convention. But the pandemic made delays and the original filing got dismissed coz of inactivity. Oh my- the pain to go thru these courthouses and learn that the court staff can give wrong info, so we better do our own research!

Filed a new divorce application in July(this time with a family lawyer and a chunk of money..phew!)

I was advised by an immigration lawyer to choose divorced instead of legally separated as no such agreement was made.

Now Ircc comes back asking for divorce certificate (as predicted), submitted letter from lawyer, past dismissal and documents and a LOE with a Gist of everythin I have tried so far for the divorce. And this time made sure to include a line that I have no intent to bring/sponser ex...etc

Can't wait for this nightmare to end.
 

cheanx

Newbie
Nov 7, 2023
8
0
This whole thing is so stressful

Got AOR july-inland

Past relation been separated for more than 5 years now- ex in another country.

Filed divorce from canada 3 years ago under Hague Convention. But the pandemic made delays and the original filing got dismissed coz of inactivity. Oh my- the pain to go thru these courthouses and learn that the court staff can give wrong info, so we better do our own research!

Filed a new divorce application in July(this time with a family lawyer and a chunk of money..phew!)

I was advised by an immigration lawyer to choose divorced instead of legally separated as no such agreement was made.

Now Ircc comes back asking for divorce certificate (as predicted), submitted letter from lawyer, past dismissal and documents and a LOE with a Gist of everythin I have tried so far for the divorce. And this time made sure to include a line that I have no intent to bring/sponser ex...etc

Can't wait for this nightmare to end.

Before ADR,
Biometrics and Right of Permanence fee already asked to pay to make a decision..etc. And here I thought may be they okay with all the documents
 

Serolf

Full Member
Aug 21, 2023
27
2
Yeah. Really such a nightmare.
Same here. I also hired a lawyer because of Hague Convention.
This whole thing is so stressful

Got AOR july-inland

Past relation been separated for more than 5 years now- ex in another country.

Filed divorce from canada 3 years ago under Hague Convention. But the pandemic made delays and the original filing got dismissed coz of inactivity. Oh my- the pain to go thru these courthouses and learn that the court staff can give wrong info, so we better do our own research!

Filed a new divorce application in July(this time with a family lawyer and a chunk of money..phew!)

I was advised by an immigration lawyer to choose divorced instead of legally separated as no such agreement was made.

Now Ircc comes back asking for divorce certificate (as predicted), submitted letter from lawyer, past dismissal and documents and a LOE with a Gist of everythin I have tried so far for the divorce. And this time made sure to include a line that I have no intent to bring/sponser ex...etc

Can't wait for this nightmare to end.
Yeah it’s an indeed nightmare.
How’s the process of your divorce so far since it’s been 4 months since you filed?
When did IRCC ask for your divorce certificate?
How did it go when you submit your documents to IRCC justifying you’re working on your divorce?
Can you share your PR app timeline?
Thank you.
 

cheanx

Newbie
Nov 7, 2023
8
0
Yeah. Really such a nightmare.
Same here. I also hired a lawyer because of Hague Convention.

Yeah it’s an indeed nightmare.
How’s the process of your divorce so far since it’s been 4 months since you filed?
When did IRCC ask for your divorce certificate?
How did it go when you submit your documents to IRCC justifying you’re working on your divorce?
Can you share your PR app timeline?
Thank you.
Sure!
AOR on - July 21st
Biometric pay request - Oct 23
BIL - Oct 31

Request for RPRF fee - Nov 7
The moment this was paid they asked for additional documents- Divorce certificate - Nov 10

I originally submitted a declaration about the divorce process.
Now since am filing with the help of a law firm - they provided a letter about the current status- and I gave my own LOE with all supporting docs

Submitted on Nov 22

Now the wait..phew

The divorce thing- we got back a letter from the Central Receiving Authority- that they forwarded to the nearest court. (Also I know that the respondent has been served- jus waiting for the official doc saying this)

If we get that doc- I Wil be relieved coz rest of it wil be here and counting the days til we can finalize the divorce

I filed a no-fault simple divorce so its based on the fact that we been separated for a year(mine is 5 years!) - breakdown of marriage-Am not expecting any shenanigans or contest from ex. So jus waiting for that affidavit of service. Hopefully IRCC waits patiently n not reject

Hope you are doing okay with yours
 

Serolf

Full Member
Aug 21, 2023
27
2
Sure!
AOR on - July 21st
Biometric pay request - Oct 23
BIL - Oct 31

Request for RPRF fee - Nov 7
The moment this was paid they asked for additional documents- Divorce certificate - Nov 10

I originally submitted a declaration about the divorce process.
Now since am filing with the help of a law firm - they provided a letter about the current status- and I gave my own LOE with all supporting docs

Submitted on Nov 22

Now the wait..phew

The divorce thing- we got back a letter from the Central Receiving Authority- that they forwarded to the nearest court. (Also I know that the respondent has been served- jus waiting for the official doc saying this)

If we get that doc- I Wil be relieved coz rest of it wil be here and counting the days til we can finalize the divorce

I filed a no-fault simple divorce so its based on the fact that we been separated for a year(mine is 5 years!) - breakdown of marriage-Am not expecting any shenanigans or contest from ex. So jus waiting for that affidavit of service. Hopefully IRCC waits patiently n not reject

Hope you are doing okay with yours
Hi when IRCC asked for your divorce certificate, did you asked an extension for the submission? Or what did you respond to the IRCC?
Because I’m really confused, my representative for my PR application asked an extension to the IRCC for the divorce certificate.
Mine will be a long wait as I just started my divorce process this November.
I appreciate your response. Thank you.
 

cheanx

Newbie
Nov 7, 2023
8
0
Hi when IRCC asked for your divorce certificate, did you asked an extension for the submission? Or what did you respond to the IRCC?
Because I’m really confused, my representative for my PR application asked an extension to the IRCC for the divorce certificate.
Mine will be a long wait as I just started my divorce process this November.
I appreciate your response. Thank you.
Hi,

No we (representative and I) didn't ask for an extension. Jus submitted all the documents and a letter of explanation showing the status of the divorce and the steps taken so far. Also we can't really predict how long the process will take.

Don't worry I dont think asking for an extension is a bad thing.

Did you (lawyer) file yours already and send the papers to that country?
 

Serolf

Full Member
Aug 21, 2023
27
2
Hi,

No we (representative and I) didn't ask for an extension. Jus submitted all the documents and a letter of explanation showing the status of the divorce and the steps taken so far. Also we can't really predict how long the process will take.

Don't worry I dont think asking for an extension is a bad thing.

Did you (lawyer) file yours already and send the papers to that country?
Hi, Yes, my lawyer did that already.
But the problem is in my country now.
The process is slow.