Second Wife Sponsorship after Divorce
- Thread starter HIRA_ADNAN
- Start date
the second one is precise : The applied through express entry and she was a primary applicant
The five year rule doesn't apply. He can sponsor you now.
Fire the consultant. She should have figured this out and is completely incompetent. If you paid any money, ask for it back. Blinding incompetence...
The five year rule only applies to situations where someone obtained PR through spousal sponsorship.
Oh thats such a great news! thank you so much.. cant be more grateful for this. So as they both applied through Express Entry and his ex was primary applicant have no relation to sponsorship is that what you are saying here ?
The five year rule only applies in situations where the person was sponsored through spousal sponsorship / family class. In that case the person who was sponsored cannot sponsor someone new until the five years have passed, The rule does not apply to situations where a couple immigrated together as part of one application through an economic immigration stream. In economic immigration cases, they immigrated together and obtained PR together. One of them did not sponsor the other.
Just make sure you got married after the divorce was officially finalized and you are good to apply.
Exactly. So he wasn't sponsored. He is just part of the EE application.
The process that you will go through will be the actual family sponsorship that we asked you about. A PR or citizen of Canada sponsoring a spouse or common law partner.
So there is no 5 years wait in his previous case.
Getting a bit closer. But this is very important: was one of them a Canadian and sponsored the other?
Or were they both non-Canadians and they applied to become residents under some economic immigration category? Or some other type of immigration?
This is important because if the latter (economic category), one applied as the principal applicant and the other was a dependent, but neither of them were sponsored. If that's the case, I believe there is no limit on his ability to sponsor.
They both were NZ residents and because of the limited work opportunities on that tiny piece of land they applied through Express Entry where they received invitation to apply based on the score. and his ex girlfriend was a primary applicant and both Gave IELTS etc
As long as he can meet all the requirement. (pretty basic)
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/eligibility.html
- You can’t sponsor someone if you’re a permanent resident living outside of Canada.
Then he cannot sponsor you until he returns. Since he landed kind of recently, he should be OK with his RO.
But he should keep track of his time outside to make sure that he meets his RO (2 years out of the 5years).
I though you both are INSIDE Canada now.