Separation certificate

[Jonesy319]

Hi,
does anyone know what a separation certificate is? My partner, who I am sponsoring, is going through a divorce. He has the decree nisi but not the decree absolute, it will probably be going to court before he gets that. I'm almost ready to send our forms in for the sponsorship but it asks for a separation certificate - our solicitor doesn't know what one is and a google search has all sorts of differing opinions so it seems.

Could we get his lawyer to draft a letter stating he is in the throes of getting divorced and that it should be settled within the next few months and we can send the divorce certificate then?

Thanks in advance for any help
Jonesy

 

[wowsers]

I am not sure what country you are referring to: Canada? UK? Somewhere else? On the assumption that you are referring to a divorce in the UK I am not surprised that your solicitor has never heard of a separation certificate; neither have I. Unless there is a CIC form unknown to me, I would treat the request (from CIC?) as a request that your partner certify that he is separated from his wife ie simply as a request for a document which starts I hereby certify that ..etc If you supplied some more basic details it would help! A letter from his lawyer along the lines you suggest would do no harm.
Added by modification. Belatedly I have looked up your previous posts and see that you are a Canadian living in the UK. So far as I am aware there is no such thing in the UK as a separation certificate and since I am not aware of any CIC form which calls itself a separation certificate, a letter of the kind you refer to at the end of your post would probably be enough. If you get into difficulties send me a PM. With a sobriquet like Jonesy he is probably a fellow countryman and I will do my best to help!

 

[Jonesy319]

Thank you for the reply; my apologies on not being clear.

We are in the UK - I have googled separation certificate in both the UK and in Canada and still not found a definitive answer.

On the form, Application Guide Document Checklist, item 7 IDENTITY AND CIVIL STATUS DOCUMENTS it states for the immigrant:
...If you are married, you must include a marriage certificate. If you are now divorced, you must include final divorce certificates; if separated, a separation certificate...

 

[Jonesy319]

I just saw your modified reply - I am a Canadian and a Brit - born in Manchester, moved to Canada in 97, became a citizen in 2003. You can take the girl out of Manchester but you can't take Manchester out of the girl - I never lost my accent and it's come back stronger since I've been back. My partner is a Londoner, from Crystal Palace area. I'm Jonesy!

 

[wowsers]

Well, Jonesy,that is tough: but not everyone can be one of the Taffia. I had a brainwave over supper: a glass of wine and a switched-on Canadian partner can work wonders. I think the checklist is referring to a decree of judicial separation and so is irrelevant in your circumstances. CIC is not famous for the clarity of its forms! Your partner is getting a divorce, not a judicial separation. Just make it clear ,by a letter from your solicitor, that your partner has petitioned for divorce, has been awarded a decree nisi and is awaiting a decree absolute.

 

[Jonesy319]

Thank you wowser!
Some consider Jones to be a Welsh name of origin but we know it isn't. I can lay no pretence to any other heritage than Mancunian.

Glad the wine and a smart partner worked for you, and of course by definition; for me too. Was the wine red or white out of curiosity?

I appreciate the clarity you've provided and yes I concur, some of the wording on these forms is most bizarre and confusing.

 

[wowsers]

Just one more thing. I wrote 'Just make it clear...by a letter'. My use of the word 'just' is misleading: you should of course send a photocopy of the decree nisi as well. If the decree is fairly recent it may not have been drawn up as yet, but your partner's solicitor should be able to chivvy up the court office and get the sealed order.

 

[taffy7]

A separation agreement in Canada is a drawn up agreement prior to divorce . It usually states out the conditions of divorce E.G. child support, spousal support , who get what E.G the house car dog etc lol . As wowsers said just get your lawyer to write a letter or yourself and include the decree if possible. You don't need to be divorced to apply so include an explanation when you expect it all to be complete and tell them if they would like a copy you will be more than happy to comply. CIC seems to love that word "COMPLY"


Wowsers glad to see you back on line Taffy .

 

[wowsers]

A separation agreement in Canada is a drawn up agreement prior to divorce . It usually states out the conditions of divorce E.G. child support, spousal support , who get what E.G the house car dog etc
Wowsers glad to see you back on line Taffy .

Thanks for the greeting, which is reciprocated! I have been following your posts and am glad to see that your husband's application is proceeding. IMHO there is however a problem with your analysis here: the relevant Appendix A for the UK refers to a separation certificate, not a separation agreement. In the context of the other documents referred to in the paragraph a 'certificate' appears to refer to an official document of some kind, not an agreement which the parties have entered into. Moreover if a separation certificate does not refer to a decree of judicial separation, there is nothing in the paragraph referring to such a decree, which would be odd. Everything else concerning a failed marriage (divorce, annulment, death) is specifically referred to: why not judicial separation? So I am inclined to prefer my own analysis until it is proved wrong! None of this affects Jonesy however: her partner has a decree nisi of divorce.

 

[taffy7]

Thanks for the greeting, which is reciprocated! I have been following your posts and am glad to see that your husband's application is proceeding. IMHO there is however a problem with your analysis here: the relevant Appendix A for the UK refers to a separation certificate, not a separation agreement. In the context of the other documents referred to in the paragraph a 'certificate' appears to refer to an official document of some kind, not an agreement which the parties have entered into. Moreover if a separation certificate does not refer to a decree of judicial separation, there is nothing in the paragraph referring to such a decree, which would be odd. Everything else concerning a failed marriage (divorce, annulment, death) is specifically referred to: why not judicial separation? So I am inclined to prefer my own analysis until it is proved wrong! None of this affects Jonesy however: her partner has a decree nisi of divorce.

Your right ! A certificate is different , but you know Cic they word every thing funny . Everything coming along nicely right now . All is well on this end.

 

[Jonesy319]

Thank you to the Welsh contingency for the clarification!