Family sponsor

[Diarraye]

Hello everyone I get sponsored by my wife I got my PR in 2015 now things are not good between us we decided to divorce this year 2020 so how long do I have to wait after getting the divorce certificate to sponsor my girl friend from outside of Canada we have 2 kids together. My son is 3 years old my daughter 2 months old
And what can i do for my girl friend and our kids for sponsorship to come to Canada?

 

[armoured]

Hello everyone I get sponsored by my wife I got my PR in 2015 now things are not good between us we decided to divorce this year 2020 so how long do I have to wait after getting the divorce certificate to sponsor my girl friend from outside of Canada we have 2 kids together.
And what can i do for my girl friend and our kids for sponsorship to come to Canada?

How old are your children?

 

[Diarraye]

How old are your children?

My son is 3 years old and my daughter is 2 months old

 

[armoured]

Hello everyone I get sponsored by my wife I got my PR in 2015 now things are not good between us we decided to divorce this year 2020

My son is 3 years old and my daughter is 2 months old

You do see the math issue here? That "now" things are not good between you and your spouse but your child from your girlfriend is three years old? So there was another relationship for about four years (minimum)?

The formal requirement is that if you "were sponsored by a spouse or partner and you became a permanent resident less than 5 years ago", you are not eligible. So you must wait at least five years; I believe that is calculated from date of landing.

You may face some extra scrutiny of your application - at minimum. Possibly more serious.

You likely cannot apply as common law, so would need to get married. That means completing divorce procedures at minimum.

You may wish to consult a lawyer. From a skeptical viewpoint, it may look as if your original application/PR status was a marriage of convenience (to get status). I am not a lawyer so do not know about legal consequences, but you should not apply to sponsor unless/until you have clarified.

 

[canuck78]

Hello everyone I get sponsored by my wife I got my PR in 2015 now things are not good between us we decided to divorce this year 2020 so how long do I have to wait after getting the divorce certificate to sponsor my girl friend from outside of Canada we have 2 kids together. My son is 3 years old my daughter 2 months old
And what can i do for my girl friend and our kids for sponsorship to come to Canada?

Have you been living in Canada with your spouse since you landed in Canada in 2015?

 

[Diarraye]

You do see the math issue here? That "now" things are not good between you and your spouse but your child from your girlfriend is three years old? So there was another relationship for about four years (minimum)?

The formal requirement is that if you "were sponsored by a spouse or partner and you became a permanent resident less than 5 years ago", you are not eligible. So you must wait at least five years; I believe that is calculated from date of landing.

You may face some extra scrutiny of your application - at minimum. Possibly more serious.

You likely cannot apply as common law, so would need to get married. That means completing divorce procedures at minimum.

You may wish to consult a lawyer. From a skeptical viewpoint, it may look as if your original application/PR status was a marriage of convenience (to get status). I am not a lawyer so do not know about legal consequences, but you should not apply to sponsor unless/until you have clarified.

Thank you I mean the 5 years of the sponsorship will complete on January 2021 then when the divorce process is completed so it mean after I can marie my girl friend to be able to sponsor her and my kids ?

 

[canuck78]

Based on your previous posts your wife withdrew your inland sponsorship application and you required an interview for your inland application so there was concern about whether your relationship was genuine. It seems as though you have also been out of Canada since 2017 although if you have a 3 year old you may have met your girlfriend before 2017. You would need to get divorced, get remarried and be compliant with your RO to sponsor a spouse and children. You also will need to enter Canada without being reported for not meeting your RO. You are looking at around 3 years of being separated for your gf and children to meet your RO and then sponsor because you need to remain in Canada during the sponsorship.

 

[canuck78]

Thank you I mean the 5 years of the sponsorship will complete on January 2021 then when the divorce process is completed so it mean after I can marie my girl friend to be able to sponsor her and my kids ?

If you got PR in 2015 your 5 year period should end in 2020.

 

[Buletruck]

Thank you I mean the 5 years of the sponsorship will complete on January 2021 then when the divorce process is completed so it mean after I can marie my girl friend to be able to sponsor her and my kids ?

So how long have you been with your girlfriend?

 

[scylla]

Thank you I mean the 5 years of the sponsorship will complete on January 2021 then when the divorce process is completed so it mean after I can marie my girl friend to be able to sponsor her and my kids ?

Yes, you can sponsor them. You must be living in Canada at the time you sponsor them and you must also meet the residency obligation at that time (meaning you have lived in Canada for 2 out of the past 5 years at the time you apply).

 

[Diarraye]

So how long have you been with your girlfriend?

I meet my girl friend the first time in 2016 for 2 months when I went for vacation then I meet her again from January 2020 until July 2020

 

[Buletruck]

I meet my girl friend the first time in 2016 for 2 months when I went for vacation then I meet her again from January 2020 until July 2020

So, unless you are married to her, you don’t qualify for common law. You won’t be able to sponsor her until you meet common law or get married.

 

[Diarraye]

So, unless you are married to her, you don’t qualify for common law. You won’t be able to sponsor her until you meet common law or get married.

Ok when I married my girl friend do I have to wait until I completed the RO befor started the sponsorship or I can start sponsorship process just after the wedding?

 

[armoured]

Ok when I married my girl friend do I have to wait until I completed the RO befor started the sponsorship or I can start sponsorship process just after the wedding?

You should wait until compliant before applying to sponsor. It will not be processed while you are not.

 

[Diarraye]

You should wait until compliant before applying to sponsor. It will not be processed while you are not.

Ok it mean even I renew my PR I have to wait the RO before I start sponsorship ?