Second Marriage Sponsorship

[cvisa7223]

Hi,
I sponsored my wife to Canada and she landed last month, she still hasn't got her PR card. Unfortunately due to some differences we are heading for divorce . Now my questions are

1. Can I get her PR status revoked before she receives her PR card?
2. Can I sponsor my second spouse immediately after divorce from her or is their a minimum waiting period?
3. What about my wife , can she sponsor her second husband or there is any obligation on her too?

Please guide .

PS: Neither of us have second spouse right now but will have in future

 

[screech339]

Hi,
I sponsored my wife to Canada and she landed last month, she still hasn't got her PR card. Unfortunately due to some differences we are heading for divorce . Now my questions are

1. Can I get her PR status revoked before she receives her PR card?
2. Can I sponsor my second spouse immediately after divorce from her or is their a minimum waiting period?
3. What about my wife , can she sponsor her second husband or there is any obligation on her too?

Please guide .

PS: Neither of us have second spouse right now but will have in future

1. No. Once she obtained PR status, she has it for good. There is no evidence of fraud on her part to get her PR status revoked. Marital differences is not fraud.
2. No. You can only sponsor another wife 3 years after your first wife lands as PR. You are still financial obligated to her for next 3 years despite getting a divorce.
3. She has no obligation to you. She can sponsor her 2nd husband as well but only after 5 years has passed since she landed as PR.

 

[cvisa7223]

@screech339 I understand my 3 year undertaking obligation but is there a reason why my wife cannot sponsor her husband before 5 years of landing?
Also please clarify that my wife got PR status as soon as she landed in Canada, so it doesn't depend on PR Card?

 

[DollyM]

@screech339 I understand my 3 year undertaking obligation but is there a reason why my wife cannot sponsor her husband before 5 years of landing?
Also please clarify that my wife got PR status as soon as she landed in Canada, so it doesn't depend on PR Card?

Your wife cannot sponsor a new spouse for 5 years because that's the rules.

Her PR card is only an identification document. It is not her "PR". As soon as she landed she was a permanent resident, so no, her PR does not depend on a card. For example, my spouse landed on 12 December 2017 (he's now a PR) but he still doesn't have his PR card. That doesn't mean he doesn't have permanent residence, only that his card has not arrived yet.

 

[screech339]

@screech339 I understand my 3 year undertaking obligation but is there a reason why my wife cannot sponsor her husband before 5 years of landing?
Also please clarify that my wife got PR status as soon as she landed in Canada, so it doesn't depend on PR Card?

That was a rule change. Due to complaints of marriage fraud, rule was added for sponsored PR spouse. This was meant to help prevent those divorcing after landing and sponsoring another quickly.

PR card only is used to show to officials that you have PR status, usually for travel purposes. The COPR is the official document that you have PR status. You can have no PR card and still have PR status.

 

[RoamingSpirit]

1. No. Once she obtained PR status, she has it for good. There is no evidence of fraud on her part to get her PR status revoked. Martial differences is not fraud.
2. No. You can only sponsor another wife 3 years after your first wife lands as PR. You are still financial obligated to her for next 3 years despite getting a divorce.
3. She has no obligation to you. She can sponsor her 2nd husband as well but only after 5 years has passed since she landed as PR.

I don't believe that the second point is true. Yes he is financially obligated for three years, but that doesn't mean he can't sponsor a new wife. The wife can't sponsor for 5 years though.

Who can become a sponsor
You can become a sponsor if you are:

• at least 18 years old
• a Canadian citizen, a person registered in Canada as an Indian under the Canadian Indian Act or a permanent resident living in Canada:
  • If you are a Canadian citizen living outside Canada, you must show that you plan to live in Canada when your sponsored relative(s) become(s) a permanent resident.
  • You can’t sponsor someone if you are a permanent resident living outside Canada.
• able to prove that you are not receiving social assistance for reasons other than a disability, and;
• can provide for the basic needs of any person you are sponsoring (and in some limited situations, that you meet the low-income cut-off).

Who can’t become a sponsor
You can’t be a sponsor if you:

• have failed to pay:
  • an immigration loan
  • a performance bond
  • family support payments
• have failed to provide for the basic needs of a previously-sponsored relative who received social assistance
• are under a removal order
• are in a penitentiary, jail, reformatory or prison
• receive social assistance for a reason other than a disability
• are still going through the process of bankruptcy (undischarged bankruptcy)
• were sponsored by a spouse or partner and you became a permanent resident less than five years ago
• sponsored a previous spouse or partner and three years have not passed since this person became a permanent resident
• have already applied to sponsor your current spouse, partner or child and a decision on your application hasn’t been made yet
• were convicted of a violent or sexual offence, or an offence that caused bodily harm to a relative—or you attempted or threatened to commit any of these offences

However, IRCC will probably look at the case harder.

 

[screech339]

Roamingspirit,

Take another closer look at the cannot sponsor list you provided. You will see this below.

Who can’t become a sponsor
You can’t be a sponsor if you:

• sponsored a previous spouse or partner and three years have not passed since this person became a permanent resident

He can have a second wife anytime after divorce but cannot sponsor her for PR until the first sponsorship obligation (first wife) is complete, which is 3 years after she landed.

 

[Xilikon]

The 5-year rule is about someone who became PR and that new PR want to sponsor someone else.

 

[cvisa7223]

@screech339 ,@DollyM ,@RoamingSpirit and @Xilikon Thank You all of you for your guidance and help. I really appreciate your efforts.

 

[cvisa7223]

Just another small question both of us can bring our respective spouses on Visit Visa to stay with us before 3 and 5 years ?

 

[screech339]

Just another small question both of us can bring our respective spouses on Visit Visa to stay with us before 3 and 5 years ?

Yes they can. However being spouses would make it a little harder for them to get TRV. They would have stronger ties to Canada than to their own country just by being married to you or her. They may suspect that they will not want to leave Canada after they enter, thus may get denied TRV. It is not impossible for them to get a visa. But odds are that it is not in their favour.

 

[canuck_in_uk]

Just another small question both of us can bring our respective spouses on Visit Visa to stay with us before 3 and 5 years ?

Sounding more and more like a Marriage of Convenience.

 

[ksabir]

Hi all , my question is , after getting the sponsor approval , do they still inquire about the sponsor background ? Or it’s past that and now only they will check for applicants eligibility???
Also, after providing them a divorce cert from previous marriage , do they still look into as to why, what and how about the previous marriage?

 

[scylla]

Hi all , my question is , after getting the sponsor approval , do they still inquire about the sponsor background ? Or it’s past that and now only they will check for applicants eligibility???
Also, after providing them a divorce cert from previous marriage , do they still look into as to why, what and how about the previous marriage?

They may still look at the sponsor's background since they will be assessing the relationship.

Not sure I understand your second question.

 

[cvisa7223]

Sounding more and more like a Marriage of Convenience.

@canuck_in_uk It is not a Marriage of Convenience, it is a very hard time which I am going through and we are not already divorced. Both of us are putting our efforts in this relationship and trying things to work out. I just want to analyze all possibilities and outcomes before taking any decision, so that my decision is in the best interest of both of us and this country as well.