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

[Samson1234]

This is what I used:

AFFIDAVIT OF SEPARATION:

I, ______________________________, date of birth _______________ (mm/dd/yyyy) and holder of Passport no. _____________ issued by (country) _________________________ hereby certify that I am separated and estranged from my spouse (name of spouse)_______________________ date of birth _______________ (mm/dd/yyyy) and holder of Passport no. _____________ issued by (country) _________________________ since _______________ (mm/dd/yyyy). I further certify that I do not intend to reconcile with my spouse.


I intend to take following legal action with regard to my marital status:

_________________________________________________________________________


I, __________________________________, further certify that my spouse (name of spouse)_______________________ does not wish to undergo medical examination and police clearance process for the purposes of immigrating to Canada. I understand that such a refusal will render my spouse ineligible to be sponsored for immigrating to Canada at any time in the future if reconciliation were to occur prior to any legal changes to my marital status cited above.

Under penalties of perjury, I certify the above representations to be true as of the date shown below.


__________________________________________ ______________________


Your name (Signature) Date



__________________________________________ ______________________

Signature Notary Public / Commissioner of Oaths Date

 

[Samson1234]

Dear Mate,

I have found the affidavit model.its very useful. in my case I have no communication with my wife for the last 7 years, also her passport has been expired.I have the copy since long back. I found this statement - "I further certify that I do not intend to reconcile with my spouse". suppose in future, if reconciliation happened,it would be an issue for her if I am applying the visa. kindly share the experience.....

Many Thanks

 

[jonnclk22]

Dear Mate,

I have found the affidavit model.its very useful. in my case I have no communication with my wife for the last 7 years, also her passport has been expired.I have the copy since long back. I found this statement - "I further certify that I do not intend to reconcile with my spouse". suppose in future, if reconciliation happened,it would be an issue for her if I am applying the visa. kindly share the experience.....

Many Thanks

You will NOT be allowed to sponsor her if reconciliation happens.

 

[kunalsingla1991]

Hello everyone, this question is for my sister:

She is married, has a 2 year old child and living separately from her husband since a year. They have decided to go on separate ways and her husband wants to remarry and so after some reconciliation attempts, he filed for divorce. But, in India it takes years before you actually get divorced and receive a divorce certificate, even if both parties want to separate. She wants to move to Canada but she doesn't have enough CRS for Express Entry draws and so will be trying in PNP, but even if she gets a provincial nomination, the main question that remains are:
1) What should she select as marital status in current situation for Express Entry application? Should it be 'Legally Separated'?
2) If we do select 'Legally Separated', what does she need to prove she is legally separated?
3) If we do select 'Legally Separated', how to prove custody of her 2 year old son, who lives with her and her husband has no interest in keeping custody?
Her husband has agreed to sign wherever she needs him to, so if there's any affidavit needed or any CIC form, can you please guide with that too...

Thanks in advance everyone.

 

[Amit#]

Yes, I got my PPR 20 days ago. It took around 4 months from the AOR. Please refer to other posts on this topic.

Hi Sir,
I read your thread. Just want to clarify that did you submitted the Decree of Divorce before you got PR stamped on passport?
Or the Court fee receipt and the docket no of Mutual cases was sufficient to get you PR.

Eagerly waiting for your reply

 

[jonnclk22]

Hi Sir,
I read your thread. Just want to clarify that did you submitted the Decree of Divorce before you got PR stamped on passport?
Or the Court fee receipt and the docket no of Mutual cases was sufficient to get you PR.

Eagerly waiting for your reply

i didn't submit anything else other than the affidavit and the fee receipt..

 

[LuXar]

i didn't submit anything else other than the affidavit and the fee receipt..

Just affidavit good enough am I aright ?
and fee slip of what ?

I'm in the same boat.

Any suggestion will be much appreciated

 

[Amit#]

Hi Sir,
I read your thread. Just want to clarify that did you submitted the Decree of Divorce before you got PR stamped on passport?
Or the Court fee receipt and the docket no of Mutual cases was sufficient to get you PR.

Eagerly waiting for your reply

Sir,
Can you please share the reciept of FEE you submitted.
My lawyer says the is no such reciept. Due to covid19 indian courts are not functioning efficiently therefore take a decree will take months.
If you be kind enough to share the fee reciept then I will show it to my lawyer maybe he can help in that.
Thanks in advance!

 

[Amit#]

This is what I used:

AFFIDAVIT OF SEPARATION:

I, ______________________________, date of birth _______________ (mm/dd/yyyy) and holder of Passport no. _____________ issued by (country) _________________________ hereby certify that I am separated and estranged from my spouse (name of spouse)_______________________ date of birth _______________ (mm/dd/yyyy) and holder of Passport no. _____________ issued by (country) _________________________ since _______________ (mm/dd/yyyy). I further certify that I do not intend to reconcile with my spouse.


I intend to take following legal action with regard to my marital status:

_________________________________________________________________________


I, __________________________________, further certify that my spouse (name of spouse)_______________________ does not wish to undergo medical examination and police clearance process for the purposes of immigrating to Canada. I understand that such a refusal will render my spouse ineligible to be sponsored for immigrating to Canada at any time in the future if reconciliation were to occur prior to any legal changes to my marital status cited above.

Under penalties of perjury, I certify the above representations to be true as of the date shown below.


__________________________________________ ______________________


Your name (Signature) Date



__________________________________________ ______________________

Signature Notary Public / Commissioner of Oaths Date

Sir,

What will come in the space after....,,?

I intend to take following legal action with regards to my marital status.
Please reply as I have to get my Affidavit made today.

 

[globalknowledge333]

There is a question that asks:

Have you been in a marriage/ common law relationship before??
If my current separated partner and wife are one & the same person, i.e. no previous marriage, the answer would be "No" right?

 

[ds1010]

Hello everyone, this question is for my sister:

She is married, has a 2 year old child and living separately from her husband since a year. They have decided to go on separate ways and her husband wants to remarry and so after some reconciliation attempts, he filed for divorce. But, in India it takes years before you actually get divorced and receive a divorce certificate, even if both parties want to separate. She wants to move to Canada but she doesn't have enough CRS for Express Entry draws and so will be trying in PNP, but even if she gets a provincial nomination, the main question that remains are:
1) What should she select as marital status in current situation for Express Entry application? Should it be 'Legally Separated'?
2) If we do select 'Legally Separated', what does she need to prove she is legally separated?
3) If we do select 'Legally Separated', how to prove custody of her 2 year old son, who lives with her and her husband has no interest in keeping custody?
Her husband has agreed to sign wherever she needs him to, so if there's any affidavit needed or any CIC form, can you please guide with that too...

Thanks in advance everyone.

Hi, your sister has to make an affidavit (Deed of Divorce) which is dually signed by your sister and her husband stating they both are living separately from so and so date and they don’t want to reconcile in future and have already applied for divorce. Also, if your sister have custody of her son they she must have to take undertaking sign of her husband stating he is giving custody and rights of child to your sister.
Also when you file petition in court you have submit that document and the docket number which you get.
These documents are enough to prove that they are legally separated.

 

[Amit#]

There is a question that asks:

Have you been in a marriage/ common law relationship before??
If my current separated partner and wife are one & the same person, i.e. no previous marriage, the answer would be "No" right?

If u r not divorced and only not living with your partner and no legally separated judgement is passed then your status is married.

 

[globalknowledge333]

No no Im legally separated with my partner, i.e we have already filed for divorce.
So in that case, I will select legally separated and "NO" in previous marriage/cl relationship I believe.

Also, just needed an advice: my marriage was never registered i.e just a religious ceremony and also it hardly lasted for a month and we have been separate for more than an year since. So can I simply avoid these hassles and declare myself as 'Single'?? Because for a married couple, marriage certificate is mandatory as per their requirement

 

[Amit#]

No no Im legally separated with my partner, i.e we have already filed for divorce.
So in that case, I will select legally separated and "NO" in previous marriage/cl relationship I believe.

Also, just needed an advice: my marriage was never registered i.e just a religious ceremony and also it hardly lasted for a month and we have been separate for more than an year since. So can I simply avoid these hassles and declare myself as 'Single'?? Because for a married couple, marriage certificate is mandatory as per their requirement

Filing divorce doesn't mean that u r legally separated.

 

[daytime]

I remember a few years back an ex-partner applied for extension of study permit
She ticked off "legally separated." Then just listed ex- partner's name, and date of birth, I dont recall her saying VO asked for these documents.