Separation and not Divorced

[chexgold]

below is the reply I have received from Canada immigration an on my last email to the CIC

My email to CIC explaining current marital status::::

Dear Sirs/Madam

I refer to your e-mail dated 9th October 2013.

I deal with the matter raised as follows:

1. I am still married but no longer living with her since 25th February 2012

2. Since separation I have no intention to live together again and

3. To date I have not yet commenced any legal proceedings for divorce.

Could you please therefore, consider my application based on my own merit as an individual single person.

Should you require any further information please let me know

Thank you

Reply I have received from immigration office

You have declared that you no longer live with Mrs. MY WIFE NAME and thus since 25th February 2012.

Why have you not decided to begin any proceedings of divorce since you are in the right to do so since 25th February
2013?

Moreover, as long as we do not receive an official document stating that the procedure of divorce has been commenced we
will have to examine Mrs MY WIFE NAME as a member of your family.

Please reply to this e-mail within maximum 10 days.

----- Can any one help me as I am currently in the UK (Indian National) applied as principal applicant for FSW in may 2010 along with my wife. She left -(just walked out) in Feb 2012 and never spoke to me. I don't know where she is (probably in India) I have not heard any thing from her since. We have no children. My medical is done and now they are asking for official documents, I got married in India in 2008 and Indian marriage registration certificate is submitted with the application.

There are no possibility for me to find her. please advise me what should I do?

 

[scylla]

CIC has given you very clear instructions. You need to file for divorce in India even if you don't know where your spouse is. Once you have filed for divorce, submit the legal paperwork to CIC to prove that you have started the process of formally divorcing her.

 

[chexgold]

I am glad that in short period of time 27 people have seen my problem, and you have answered me. By Indian law I think it is 3 years of separation required according new parliament decision. before it was Desertion – If one of the spouses voluntarily abandons his/her partner for at least a period of two years, the abandoned spouse can file a divorce case on the ground of desertion.

 

[zardoz]

You will find that in circumstances such as yours, divorce is not permitted for a few years. In the UK, desertion is a minimum of 2 years. This is because the Respondent cannot defend the petition. The courts need to see that every effort has been made to serve the Respondent with the papers. I don't think that you are going to find a quick fix, especially if you are currently residing in the UK.

 

[chexgold]

What would happen if I will not be able to file my divorce ? will my application get rejected?

 

[christine1225]

hi ive just read your post, i probably will go the same thing when i process my paper, however in my case like im in the phil, there is no divorce in my country, and only process of annulment of marriage, and i cannot process my annulment now cz hes not living here and plus its expensive.

did you try to speak with a lawyer, cz today my lawyer gave me declaration of affidavit,
which stated that we are seperated since dec 2012 and right now we dont have any communication as well as i cannot find him. did try but no answer at all.

notarized by the lawyer thats what i did but im not sure if they will accept it.

 

[chexgold]

hi ive just read your post, i probably will go the same thing when i process my paper, however in my case like im in the phil, there is no divorce in my country, and only process of annulment of marriage, and i cannot process my annulment now cz hes not living here and plus its expensive.

did you try to speak with a lawyer, cz today my lawyer gave me declaration of affidavit,
which stated that we are seperated since dec 2012 and right now we dont have any communication as well as i cannot find him. did try but no answer at all.

notarized by the lawyer thats what i did but im not sure if they will accept it.

In my correspondence with CIC, I have clearly explained my current status- "separated", though CIC have stated that until the divorce petition is filed, she will be a family member.

 

[christine1225]

so meaning you have to process her papers still?

 

[christine1225]

i will be applying without my husband though were seperated, and like you hes no where to find,, what can i do about it any idea or advice pls thank you

 

[chexgold]

Will they refuse my application?

 

[zardoz]

Will they refuse my application?

I think that is between you and CIC, but it seems that they intend to make it "interesting" for you.

 

[Amir_Ali]

:-\

Amir