i was reading this post and therefore, few informations i got from different sources and opinions.
However, for myself i am still trying to figure out what this law specifically talk about and so far my personal understanding about this law can be wrong too.
Please read this as an open discussion and feedback will be highly appreciated
So let's start
At first, let's assume a person is a sponsored spouse from previous husband or wife and his or her application as a sponsored spouse was received before march 2012 to CIC and later in March 2013 he or she got PR.
and in 2015 first marriage ended and a person moved on his or her life and again married someone later in 2016 and want to sponsor new spouse.
First question is am i eligible to sponsor or not? and do i fall under 5 year ban or not so let's take it step by step.
Because before submitting an application to sponsor someone is to check person's eligibility.
So let's open the guide 5525 to check. link is giving below.
http://www.cic.gc.ca/english/information/applications/guides/5525ETOC.asp#spouse
and see "Read more about eligibility requirements in the Complete Guide." link is given below
http://www.cic.gc.ca/english/information/applications/guides/5289ETOC.asp#eligibility
Are you eligible to sponsor?
To sponsor, you must…
be a Canadian citizen, a person registered in Canada as an Indian under the Canadian Indian Act or permanent resident,
be 18 years of age or older,
live in Canada or have proof, if you are a Canadian citizen living outside of Canada, that you will live in Canada after the sponsored person becomes a permanent resident,
sign an undertaking promising to provide for your family member’s basic needs and, if it applies to you, those of any dependent children,
If you live in Quebec, you must also meet Quebec’s conditions to be a sponsor,
prove that you have enough income to provide basic needs for your spouse or partner’s dependent children. This means meeting or exceeding a minimum necessary income, which is an amount published yearly by the Canadian government. You must submit documents showing your financial resources for the past 12 months only if the spouse or partner you are sponsoring has a grandchild who is coming with them (see subsection 1(3) of the Immigration and Refugee Protection Regulations (IRPR) for more information). You would not provide those documents to IRCC if you live in Quebec.
You may not be able to sponsor if you…
signed an undertaking for a previous spouse or partner and and it has not been three years since he or she became a permanent resident,
receive social assistance for a reason other than disability,
previously sponsored someone and did not pay back any social assistance that they received while the undertaking was in place.
are in default on an immigration loan or a performance bond
did not pay court-ordered alimony or child support
For more information. See Defaults below.
have declared bankruptcy which has not been discharged
were convicted of
an offence of a sexual nature,
a violent crime,
an offence against a relative that caused bodily harm or
threatened or attempted to commit any of the above offences—depending on the nature of the offence, how long ago it happened and if you received a pardon
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 five years ago, For more information. See Five-year Sponsorship Bar
are under a removal order,
are in a penitentiary, jail, reformatory or prison,
have already applied to sponsor your current spouse or partner and haven’t received a decision.
simply click on the "see Five- year sponsorship bar" (keep in mind we are still looking a person's eligibility to sponsor someone or not). click the link below
http://www.cic.gc.ca/english/information/applications/guides/5289ETOC.asp#bar
Five-year sponsorship bar for people who were sponsored to come to Canada as a spouse or partner
If a spouse or partner sponsored you, you cannot sponsor a new spouse or partner within five years of becoming a permanent resident.
This rule applies even if you got your Canadian citizenship within those five years. Other members of the Family Class will not be affected by the rule change.
Spouses and partners sponsored before
Date IRCC got your sponsorship application (i believe the word "YOUR" indicate the previously sponsored spouse because next line still talk about eligibility to sponsor someone.
Are you eligible to sponsor someone?
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.
Again, the key word here is "Are you eligible to sponsor someone? which means, it is still talking about person eligibility to sponsor someone or not in future.
now let's take into more detail and we will see the "Operational Bulletin 386 (modified) – March 2, 2012"
http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob386.asp
Scenarios for previously sponsored spouses/partners:
[size=10pt][size=10pt]Date of Sponsorship Application Eligibility to sponsor
Sponsorship application received prior to regulatory amendment
coming into force (prior to March 2, 2012) Not subject to the five-year sponsorship bar regardless of date
sponsor became a PR
Sponsorship application received on or following the day the regulatory
amendment came into force(on or after March 2, 2012) Subject to the five-year sponsorship bar.
[/size][/size]
On this OB there are two words which i think according to my understanding are still talking about person's eligibility to sponsor someone
First, this law specifically address to those people who been previously sponsored by their former spouse because the key word here is "previously sponsored spouses/partners" because there is no other sponsored person who are under this law so only one "who are previously sponsored as a spouses/partners".
Second, for further authentication for "previously sponsored as a spouses/partners" the key word still here is Eligibility TO sponsor.
which indicate that "i am as a sponsor and i am looking to my eligibility to sponsor someone in future.
Therefore, i think the word used in here is "TO" which refer to future applications eligibility not under process applications.
that's why i don't think it talk about other applications who are already submitted or are under process to sponsoring a new spouse at the time of this law come into force.
i hope i clear my point so please it is an open discussion and any thought or argument will be highly appreciated to discuss
Thanks
