Divorce pending - Troublesome spouse

[coolcarrot]

My friend has in having a divorce case currently being going on. His wife is not going to help him, moreover she will do whatever it takes to damage the application process. My doubt is can he apply as "single", because he is qualified in terms of the points independently. A quick reply will be highly appreciated.

 

[gosia]

whats is he applying for?

 

[coolguy2010]

As far as single applicant is having sufficient point, its fine to apply

In application form, it is asked whether u r divorced and date of divorce, not sure how u will handle this. Ur friend have any kids?

 

[zardoz]

If he is married, he cannot apply as "single". This is misrepresentation and will cause serious problems for him.
He should formally separate or divorce, but he will still have to give his correct legal status in his application.
He could delay the application until the divorce is final but I can understand that this could be an issue if time is short.
As always, a separate letter with the application would probably be enough to cover the changing status while the application is being considered.

 

[mitali]

If he is married, he cannot apply as "single". This is misrepresentation and will cause serious problems for him.
He should formally separate or divorce, but he will still have to give his correct legal status in his application.
He could delay the application until the divorce is final but I can understand that this could be an issue if time is short.
As always, a separate letter with the application would probably be enough to cover the changing status while the application is being considered.

My friend has in having a divorce case currently being going on. His wife is not going to help him, moreover she will do whatever it takes to damage the application process. My doubt is can he apply as "single", because he is qualified in terms of the points independently. A quick reply will be highly appreciated.

I agree with Zardoz.

You can apply if your Divorce proceedings are underway. Apply as Married but attach a cover letter wherein you can mention that your Divorce proceedings might take couple of months to complete. I hope you are getting the qualifying 67 points without your spouse's' contribution. Atleast you can secure a spot in the Immigration queue rather than wait for the Divorce proceedings to complete.

Just be transparent and honest.

Mitali

 

[headyman]

I agree with Zardoz.

You can apply if your Divorce proceedings are underway. Apply as Married but attach a cover letter wherein you can mention that your Divorce proceedings might take couple of months to complete. I hope you are getting the qualifying 67 points without your spouse's' contribution. Atleast you can secure a spot in the Immigration queue rather than wait for the Divorce proceedings to complete.

Just be transparent and honest. Good point. Well said

 

[humsafar]

Do not include you Spouse as accompanying member while applying, but still you need to fill in all the relevant details regrading your spouse, and when the divorce is finalised just mentioned this to CIC along with the divorce proof.

It is simple.

 

[indusvision]

If your Divorce procedure has been started, you are now "Legally Separated".

You can apply as "Legally Separated" applicant and you do not have to include your spouse in your application.

You can attach a copy of on-going Divorce application as a supporting document showing your separation. You do not need to wait until your divorce. Just go ahead and apply for immigration.

 

[coolcarrot]

Thank you so much folks for your quick response.

The major concerns are:
1 The delay it might cause due to mentioning that he is married and about divorce proceedings as it is given as one of the criteria for delay.
2 How to get the signature of the wife in the application as the application asks for it even if the wife is not included in the application. Will the cover letter explaining be sufficient to satisfy the CIC for the absence of the signature.

Some more background,
He is applying for FSWP
He doesn't have kids
He has qualifying points