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Five-year sponsorship bar

oldboy

Newbie
Oct 22, 2014
5
0
Hi everybody,

I am about to submit an application to sponsor my wife but felt the need to ask this question to have your feedback.

My question is about the "Five-year sponsorship bar".

In the current up-to-date forms, there is a YES - NO question regarding the Sponsor Eligibility.

Q# 5: In the five years preceding this application, did you become a permanent resident after being sponsored as a spouse, common law partner or conjugal partner?

Then there is a quick note saying: "If you answer YES to question 5 and you are sponsoring a spouse, common law or conjugal partner, you are not eligible to be a sponsor and you should NOT submit your application."

My answer should be this: YES.

Because:
1. I had become a permanent resident after being sponsored as a spouse.

2. Earned a Permanent residence on 2012-08-07 (still not 5 years)


However, there is this little detail.


Spouses and partners sponsored before

Date IRCC got your sponsorship application

Before March 2, 2012

The five-year sponsorship bar does not apply, no matter when you became a permanent resident.

-----

On or after March 2, 2012

The five-year sponsorship bar applies. You cannot sponsor someone until you have been a permanent resident for five years.


NOW. Here's my side of story.

IRCC received my application for permanent residence on June 16, 2011.
Which is before March 2, 2012, and The five-year sponsorship bar does not apply to me. (no matter when you became a permanent resident.)


Finally. My Question.

1. Should i go ahead and thick "NO" and let them actually notice The five-year sponsorship bar does not apply to me.

or

2. Should i thick "YES" and submit the application with a letter of explanation or proof of letter, showing that
The five-year sponsorship bar does not apply to me because IRCC received my application for permanent residence on June 16, 2011.

If you suggest me the option 2, how would you write that letter? Any suggestions?


Thanks in advance!
 

scylla

VIP Member
Jun 8, 2010
95,840
22,108
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
You fall under the 5 year rule. You will have to wait until late 2017 to submit the sponsorship application unless you want it refused.

The date that IRCC received your application refers to your NEW application to sponsor your new partner. Not your old application that your ex-wife submitted to sponsor you.

Again, five year rule applies to you. You need to wait.
 

oldboy

Newbie
Oct 22, 2014
5
0
Hi scylla,

Thank you for clarifying this for me.

The date that IRCC received your application refers to your NEW application to sponsor your new partner. Not your old application that your ex-wife submitted to sponsor you.
It makes total sense now. So i need to wait till August 7th, 2017 to complete 5 years.
 

scylla

VIP Member
Jun 8, 2010
95,840
22,108
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
oldboy said:
Hi scylla,

Thank you for clarifying this for me.

It makes total sense now. So i need to wait till August 7th, 2017 to complete 5 years.
Yes - that's right. You need to wait until 5 years have passed since you landed in Canada and became a PR. Then you will be good to go!
 

bnouman

Newbie
Oct 27, 2020
6
0
Hi everybody,

I am about to submit an application to sponsor my wife but felt the need to ask this question to have your feedback.

My question is about the "Five-year sponsorship bar".

In the current up-to-date forms, there is a YES - NO question regarding the Sponsor Eligibility.

Q# 5: In the five years preceding this application, did you become a permanent resident after being sponsored as a spouse, common law partner or conjugal partner?

Then there is a quick note saying: "If you answer YES to question 5 and you are sponsoring a spouse, common law or conjugal partner, you are not eligible to be a sponsor and you should NOT submit your application."

My answer should be this: YES.

Because:
1. I had become a permanent resident after being sponsored as a spouse.

2. Earned a Permanent residence on 2012-08-07 (still not 5 years)


However, there is this little detail.


Spouses and partners sponsored before

Date IRCC got your sponsorship application

Before March 2, 2012


The five-year sponsorship bar does not apply, no matter when you became a permanent resident.

-----

On or after March 2, 2012

The five-year sponsorship bar applies. You cannot sponsor someone until you have been a permanent resident for five years.


NOW. Here's my side of story.

IRCC received my application for permanent residence on June 16, 2011.
Which is before March 2, 2012, and The five-year sponsorship bar does not apply to me. (no matter when you became a permanent resident.)


Finally. My Question.

1. Should i go ahead and thick "NO" and let them actually notice The five-year sponsorship bar does not apply to me.

or

2. Should i thick "YES" and submit the application with a letter of explanation or proof of letter, showing that
The five-year sponsorship bar does not apply to me because IRCC received my application for permanent residence on June 16, 2011.

If you suggest me the option 2, how would you write that letter? Any suggestions?


Thanks in advance!
I’m going through this right now and I wonder if you applied from the 5 years since your first AOR. If so if that worked. Thank you
 

scylla

VIP Member
Jun 8, 2010
95,840
22,108
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I’m going through this right now and I wonder if you applied from the 5 years since your first AOR. If so if that worked. Thank you
It's already been explained that the five year count is from the date you landed and became a PR. If you decide to ignore this advice, expect a refusal.
 

bnouman

Newbie
Oct 27, 2020
6
0
It's already been explained that the five-year count is from the date you landed and became a PR. If you decide to ignore this advice, expect a refusal.
I believe you, but I'm having issues as my immigration lawyer confirms it from my AOR from my previous sponsorship. We also consulted with a second person that says the same thing. I hate this because I'm unsure of who to listen to.
 

mashulia_26

Hero Member
Apr 6, 2018
356
119
I believe you, but I'm having issues as my immigration lawyer confirms it from my AOR from my previous sponsorship. We also consulted with a second person that says the same thing. I hate this because I'm unsure of who to listen to.
Its from the date you land and become a PR
 

sabalatif

Newbie
Dec 18, 2023
5
0
My husband had a case of flight back in September 2019 with 3 months sentence n 1 year conditional discharge. We got married in 2022 n we want to apply for spousal application . can we apply he is a Canadian national
 

sabalatif

Newbie
Dec 18, 2023
5
0
moment ago
My husband had a case of fight back in September 2019 with 3 months sentence n 1 year conditional discharge. We got married in 2022 n we want to apply for spousal application . can we apply he is a Canadian national
 

Naturgrl

VIP Member
Apr 5, 2020
44,879
9,501