5 year bar for sponsoring spouse

[indiaguy]

I was PR of Canada and my spouse was sponsored by me in 2008. Due some family reason I could not continue in Canada and came back to India. My PR got expired in 2009. Now I am in India and my whole family is canada. My wife had gone just 5 months ago to Canada to join our children's and she wants to sponsor me as spouse. While filling form no IMM1344E I found in 'sponsor eligibility assessment Q 5' i.e. 'in the five years preceding your application, did you become a permanent resident after being sponsored as spouse'. This point does not make me clear whether this is applicable for sponsoring new spouse or to all and what should be the answer Yes/No. If I give answer as 'Yes' then I am not eligible to sponsor and should not submit the application. This is as per the form no IMM1344E instruction. But some where it is written sponsor can not new spouse. Can somebody suggest something on this

 

[zardoz]

It is very clear in my opinion. Your sponsor (spouse) became a PR by being sponsored. It doesn't ask if her sponsor was the person that she is now attempting to sponsor. If she became a PR less than 5 years ago, the answer is yes. She may wish to add an extra sheet of paper with the details to the sponsorship form.

 

[indiaguy]

If I give answer as 'Yes' then I am not eligible to sponsor and should not submit the application. This is as per the form no IMM1344E instruction. But some where it is written sponsor can not new spouse. Is that true

 

[zardoz]

http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob386.asp but the IMM 1334 doesn't have a recognition of the "new" definition. Therefore, all you can do is tick "yes" and submit the application anyway with an attached sheet of paper with the details.

 

[Betina]

But if you sponsored your wife in 2008, doesn't that mean that the 5 year period is almost over? Why not wait and apply after that?

 

[zardoz]

He doesn't say if the 2008 was the start of the application or when she became a PR. The count is from the landing date.
Of course, if she doesn't meet the residency obligation requirements, she should not attempt to sponsor him until she does meet them. Difficult to tell from the information provided by the OP. (Eowyn spotted this possibility).

 

[Betina]

He doesn't say if the 2008 was the start of the application or when she became a PR. The count is from the landing date.
Of course, if she doesn't meet the residency obligation requirements, she should not attempt to sponsor him until she does meet them. Difficult to tell from the information provided by the OP. (Eowyn spotted this possibility).

I know it's from the landing date. I was actually fishing for more information :-D

From the way the OP phrased it, I also think it is very possible that she is not meeting her residency requirements.

 

[truesmile]

Folks, the 5-year sponsorship bar came into effect in March of 2012. The 5-year sponsorship bar does NOT apply in the OP spouse's situation.

 

[PMM]

Hi

Folks, the 5-year sponsorship bar came into effect in March of 2012. The 5-year sponsorship bar does NOT apply in the OP spouse's situation.

Nope, it appears you are confusing the conditional visa (March/12) and the 5 year sponsorship bar for spouses who have been sponsored and are now sponsoring a spouse.

You may NOT sponsor if you…

signed an undertaking for a previous spouse or common-law partner and three years have not elapsed since he or she became a permanent resident and,
receive social assistance for a reason other than disability,
are in default of an undertaking, an immigration loan, a performance bond, or family support payments, For more information. See Defaults below.
are an undischarged bankrupt,
were convicted of an offence of a sexual nature, a violent criminal offence, an offence against a relative that results in bodily harm or an attempt or threat to commit any such offences—depending on circumstances such as the nature of the offence, how long ago it occurred and whether a pardon was issued
For more information. See Sponsorship Bar for Violent Crime
were previously sponsored as a spouse , common-law or conjugal partner and became a permanent resident of Canada less than 5 years ago,
For more information. See Five-year Sponsorship Bar
are under a removal order,
are detained in a penitentiary, jail, reformatory or prison,
have already applied to sponsor your current spouse or common-law partner and a decision on your application has not yet been made.

 

[truesmile]

Ah yes, thanks for the clarification.

 

[indiaguy]

hi all
I thing people have not understood the question. My question is very simple

My Question :While filling form no IMM1344E I found in 'sponsor eligibility assessment Q 5' i.e. 'in the five years preceding your application, did you become a permanent resident after being sponsored as spouse'. Can I know what should be the answer 'yes/no' for sponsoring same existing spouse and sponsor has not completed 5 years sponsored as spouse. As per CIC it says this point is applicable for sponsoring new spouse in Operational Bulletin 386. If anwer 'Yes' to Q5 than application say's spouse eligiblity to apply.
My pr status is valid till mid of 2014. Keeping all this in view any body has answer. I know I can apply for spouse any time before the expiry of PR status. Due to Q5 I am not able to understand whether this for new spouse or existing spouse

 

[Betina]

The forms don't mention anything about new or existing spouse, so no, your wife will not be eligible to sponsor you if the 5 year period is not over.

Plus, if she did not reside in Canada for 2 out of the lsat 5 years, then she doesn't meet her residency requirements and she will not be able to sponsor you until she does.

 

[zardoz]

http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob386.asp but the IMM 1334 doesn't have a recognition of the "new" definition. Therefore, all you can do is tick "yes" and submit the application anyway with an attached sheet of paper with the details.

I have already answered your question.

 

[jomz]

truesmile, you were correct in your post. The 5 year bar does not apply to this OP if he filed for his wife's PR prior to March 2, 2012.



Amended Provision

It is important to note that there is no change to the existing regulation 117(9)(b) that states that a sponsor is ineligible to sponsor a spouse or partner, if the sponsor has an existing sponsorship undertaking (in respect of a previous spouse or partner) and the period of that undertaking has not ended.

The amended R130 includes a minor editorial change to subsection (2) and a new subsection (3) which provides for the five-year sponsorship bar. Changes/additions are highlighted in BOLD and the new Regulation reads as follows:

Sponsor

130. (1) Subject to subsections (2) and (3), a sponsor, for the purpose of sponsoring a foreign national who makes an application for a permanent resident visa as a member of the family class or an application to remain in Canada as a member of the spouse or common-law partner in Canada class under subsection 13(1) of the Act, must be a Canadian citizen or permanent resident who


(a) is at least 18 years of age;

(b) resides in Canada; and

(c) has filed a sponsorship application in respect of a member of the family class or the spouse or common-law partner in Canada class in accordance with section 10.

Sponsor not residing in Canada

(2) A sponsor who is a Canadian citizen and does not reside in Canada may sponsor a foreign national who makes an application referred to in subsection (1) and is the sponsor’s spouse, common-law partner, conjugal partner or dependent child who has no dependent children, if the sponsor will reside in Canada when the foreign national becomes a permanent resident.

Five-year requirement

(3) A sponsor who became a permanent resident after being sponsored as a spouse, common-law partner or conjugal partner under subsection 13(1) of the Act may not sponsor a foreign national referred to in subsection (1) as a spouse, common-law partner or conjugal partner, unless the sponsor

(a) has been a permanent resident for a period of at least five years immediately preceding the day on which a sponsorship application referred to in paragraph 130(1)(c) is filed by the sponsor in respect of the foreign national; or

(b) has become a Canadian citizen during the period of five years immediately preceding the day referred to in paragraph (a) and had been a permanent resident from at least the beginning of that period until the day on which the sponsor became a Canadian citizen.

Implications

The amendment, which came into force on March 2, 2012 upon registration, bars a previously-sponsored spouse or partner, from sponsoring a new spouse or partner within five years of becoming a PR even if the sponsor acquired citizenship during that period. Other members of the family class will not be affected by the regulatory changes.

Scenarios for previously sponsored spouses/partners:



Date of Sponsorship Application

Eligibility to sponsor



Sponsorship application received prior to regulatory amendment coming into force - Not subject to the 5-year sponsorship bar regardless of date sponsor became a PR



Sponsorship application received on or following the day the regulatory amendment came into force - Subject to the 5-year sponsorship bar


Further information

The following operational manuals will be updated:

IP 2 – Processing Applications to Sponsor Members of the Family Class
IP 8 – Spouse and Common-law partner in Canada Class
OP 2 – Processing Members of the Family Class
OP 24 – Overseas Processing of Family Members of In-Canada Applicants for Permanent Residence




Date Modified:2012-03-05



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[zardoz]

Sponsorship application received prior to regulatory amendment coming into force - Not subject to the 5-year sponsorship bar regardless of date sponsor became a PR

Sponsorship application received on or following the day the regulatory amendment came into force - Subject to the 5-year sponsorship bar [/b]

The problem is in how you read this legislation.. The Sponsorship application may be referring either the application that created the sponsoring PR or it may refer to the sponsorship application being raised by the PR. Read one way, the rule doesn't apply but read the other way, it does. I don't know the answer...