Can we remove a person from our application? never heard of that. the only way to do that is file a divorce and here in India it takes anywhere from 1.5 to 10 years. And if he wont cooperate in giving his biometrics if he gets to know i intend to leave without him. That ways my file is stuck.
Separated from wife but no divorce. CIC asked for divorce certificate. What should I do?
- Thread starter jonnclk22
- Start date
No, in Canada the substance is important, and your separation (not the divorce decree) is critical. I don't know full process (and you may need to provide some evidence of the separation, don't know), but yes, you can remove him by advising that your family situation has changed.
So it may take some time but you should be able to 'unstuck' it.
(Not been through this so can't advise on details)
Note - fairly sure that if you do remove, you would likely not be able to ever sponsor him in future, so quite final.
Exactly as armoured's comments. You are the principle applicant, you can update the application and your seperated spouse cannot "not cooperate".
You may need to contact a family lawyer and file some documents to be legally seperated.
But remove him from your application and explain it. Provide the documents later if you cannot get them right away and IRCC requests them.
Note,you should post and ask in the relevant forum, more likely someone there has dealt with this. (Spousal sponsorship doesn't often involve dropping the spouse)
Hello Group members,
I am separated from my ex from 2017 and the case is still pending in Indian Court (As my ex is not very cooperative with the case + COVID situation).
Now, my PR is having all stages passed except Officer keep asking me for Divorce Certificate.
I have already provided Case Status (With Certified Court Proceedings), a Letter from my Lawyer, Affidavit from my end that I will never sponsor her in the future and there is no chance of reconsilation. But Officer is asked me the same for the fourth time.
In the first letter, the officer gave me 7 days to reply. (Eligibility, Medical, BG + Criminality All passed here)
In the second letter, the officer asked me to submit the case status after the next hearing date which was after 1 and half months.
After two months another letter asking Divorce Certificate or Explanation if not available (7 days). I replied on the same date as there was nothing new in the case.
The next day, another letter asking Divorce Application, Divorce Certificate, and Divorce Order with 2 months of the date.
Please suggest to me, what can I do.
I am separated from my ex from 2017 and the case is still pending in Indian Court (As my ex is not very cooperative with the case + COVID situation).
Now, my PR is having all stages passed except Officer keep asking me for Divorce Certificate.
I have already provided Case Status (With Certified Court Proceedings), a Letter from my Lawyer, Affidavit from my end that I will never sponsor her in the future and there is no chance of reconsilation. But Officer is asked me the same for the fourth time.
In the first letter, the officer gave me 7 days to reply. (Eligibility, Medical, BG + Criminality All passed here)
In the second letter, the officer asked me to submit the case status after the next hearing date which was after 1 and half months.
After two months another letter asking Divorce Certificate or Explanation if not available (7 days). I replied on the same date as there was nothing new in the case.
The next day, another letter asking Divorce Application, Divorce Certificate, and Divorce Order with 2 months of the date.
Please suggest to me, what can I do.
Hi, to all your replies to IRCC, did you do reply by yourself? or through an lawyer?
I replied all by myself so far. But for next, I am going to consult an immigration lawyer.
Hi @nav_dhamu,
Had gone through the same situation couple of years back. I had swore an oath infront of a Notary and got the same in an affidavit and got it notarised. It was accepted by IRCC. Make sure you put the needed details and put maximum seals, stamps so that they would be convinced.
Had gone through the same situation couple of years back. I had swore an oath infront of a Notary and got the same in an affidavit and got it notarised. It was accepted by IRCC. Make sure you put the needed details and put maximum seals, stamps so that they would be convinced.
Kay2018
Hero Member
- Jan 11, 2018
- 87
- Category........
- WP
- NOC Code......
- 4161
- Job Offer........
- Yes
- App. Filed.......
- 09-03-2021
Go to a lawyer (notary), explain that you are in the process of divorce in the affidavit (100 rupees stamp paper). Get it notarized and submit the same.
Kay2018
Hero Member
- Jan 11, 2018
- 87
- Category........
- WP
- NOC Code......
- 4161
- Job Offer........
- Yes
- App. Filed.......
- 09-03-2021
Just a reminder to everyone (Indian applicants),
a legal separation does not exist in Canada. Only divorce is applicable here. If you are already in Canada on a TV and your divorce has not been processed, you can apply in a Canadian court for a divorce. It is valid in your home country too if the reason for divorce matches in both countries. Irreconcilable difference is a popular option in the west but divorce optioned on this will not be valid in India. Only cruelty and abandonment divorce obtained outside India will be valid in India. Mutual divorce is also accepted.
a legal separation does not exist in Canada. Only divorce is applicable here. If you are already in Canada on a TV and your divorce has not been processed, you can apply in a Canadian court for a divorce. It is valid in your home country too if the reason for divorce matches in both countries. Irreconcilable difference is a popular option in the west but divorce optioned on this will not be valid in India. Only cruelty and abandonment divorce obtained outside India will be valid in India. Mutual divorce is also accepted.
Thank you for the reply! Do you have the template of the affidavit by any chance?
I have already submitted the following:
1. I got married to my spouse (________, Current Address: __________) on ____________.
2. We lived together in ________ from _______ to _________.
3. Our relationship did not last long and we got separated on ______________.
4. From the same day, there is no communication between my spouse and I.
5. I have already filed the divorce case through my lawyer in ____________.
6. The Divorce case number is _______________ and still under consideration by Honorable Court. The next hearing date is ____________________.
7. I certify that i do not intend to reconcile the relationship with my spouse.
8. I will not sponsor/include my spouse in this or any case with Immigration Canada in the future.
Hi @jonnclk22 I am in a similar situation as yours. My pr application is ongoing and applied under "legally separated" marital status. I recently got my divorce decree and will be submitting the documents with loe through web form. How did you go about in your application after submitting your divorce decree? Did they ask anything else? Like any forms or something to be filled? Looking forward to your advice.
Hi, my application in in progress and I recently got divorced. Just submitting the divorce decree with a loe is ok? Is there anything else I should keep in mind or can ircc asks anything else to submit?