5 Year Spousal Sponsorship Bar

[PMM]

Hi

As of 02/March/12 a new regulation has been enacted. http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob386.asp

A sponsored spouse, c/law spouse, or conjugal spouse, can not sponsor a spouse, c/law spouse or conjugal partner until 5 years after their date of "landing" Does not apply to applications received before the 2nd of March.

130. (1) Sponsor – Subject to subsections (2) and (3)

(3) Five-year requirement – A sponsor who became a PR 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 became a PR not less than five years immediately preceding the day on which the application referred to in subsection (1) is filed by the foreign national.

 

[CharlieD10]

This should slow down some of the scammers, at least. We hope.

 

[scylla]

Interesting. I think that's taking things in the right direction.

 

[hsbalouch]

Issuing PR card after two years of living with your spouse is next!!!

good move finally,

 

[Shiny88]

GREAT NEWS!!

 

[tryagain]

hello seniors
i have a one question that i have already applied for work permit in pnp so after getting my work visa ,in future can i add my spouse name in permanent application while she reside in newzealand.i have already add her name as a spouse but she can't go with me because of her study it will be finish on end of this dec 2012. i just given her name and detail on my visa application. we have living relationship of last 4 year and have enough evidence to prove that we have a genuine realtionship between us.i just want to know that how i can sponser my partner in future or plzz suggest me a better way because i would apply permanent residency after getting work permit
plzz help senior

 

[wolanila]

Interesting, This sounds good very good for us genuine relationships

 

[computergeek]

hello seniors
i have a one question that i have already applied for work permit in pnp so after getting my work visa ,in future can i add my spouse name in permanent application while she reside in newzealand.i have already add her name as a spouse but she can't go with me because of her study it will be finish on end of this dec 2012. i just given her name and detail on my visa application. we have living relationship of last 4 year and have enough evidence to prove that we have a genuine realtionship between us.i just want to know that how i can sponser my partner in future or plzz suggest me a better way because i would apply permanent residency after getting work permit
plzz help senior

If you have a work permit and it is in a professional NOC cateogry (O, A or B) and at least good for one year, your spouse would qualify for an open work permit. See http://www.cic.gc.ca/english/information/faq/work/index.asp:

If your spouse or common-law partner wants to work while in Canada, they must apply for their own work permit. Normally, they must meet the same requirements that you do, including obtaining (if needed) a labour market opinion from Human Resources and Skills Development Canada.

However, your spouse or common-law partner may be eligible to apply for an “open” work permit that will allow her or him to accept any job with any employer if you meet the conditions outlined below.

A. You are authorized to work in Canada for six months or longer and the work you are doing while you live in Canada meets a minimum skill level (usually work that would require at least a college diploma). Specifically, your job must be listed in Skill Level 0, A or B in the National Occupational Classification.

Note: If you are the holder of a Post-Graduation Work Permit, which is a type of open work permit, your spouse will need to attach a copy of your work permit to his or her application for an open work permit. Your spouse will also need to provide information about your employment by attaching supporting documents, including:

A letter from your current employer confirming employment or a copy of your employment offer or contract; AND
A copy of one of your pay slips.

Or

B. You are authorized to work in Canada and your spouse or common-law partner is eligible for a work permit through an active pilot project. Find out more.

But this has nothing to do with PR, nor does it have to do with the 5 year spousal sponsorship bar being discussed in this thread (this is what's known as "hijacking" the thread, taking it in a direction other than the title.)

 

[awor]

Very happy to see this. It's very upsetting to read posts and stories about people being scammed, not only is it heartbreaking for the Canadian citizen being scammed, but it's hurting all of us who are in real relationships and just want to be with our spouse/partner.

 

[smokijoe]

This should be good news all around as maybe processing may now be speeded up some what.
One question sticks out for me tho, why did they not make it for all persons who receive PR status on or after 2nd March instead of persons who have applied after that date?

 

[rjessome]

This should be good news all around as maybe processing may now be speeded up some what.
One question sticks out for me tho, why did they not make it for all persons who receive PR status on or after 2nd March instead of persons who have applied after that date?

When they say it doesn't affect those who "applied before March 2, 2012" it means the sponsor, not the applicant. So if a sponsor was a previously sponsored spouse and it was less than 5 years since they landed in Canada under the family class, and then they are applying to sponsor a new spouse, their application will not be affected. However, any new PR or current PRs who obtained PR through spousal/CL/conjugal sponsorship are now subject to this 5 year bar of sponsorship. So if someone landed 3 years ago, divorced and has now remarried, unless they applied to sponsor their new spouse before March 2, 2012, they now have to wait until 5 years has passed from the date they landed to be eligible as a sponsor. But if they submitted the application before that date, they are fine.

 

[AllisonVSC]

I guess this ruling does not affect the FSW in this thread, eh...

http://www.canadavisa.com/canada-immigration-discussion-board/conjugal-partner-sponsorship-marriedyet-to-divorcethen-sponsor-t97291.0.html

 

[CharlieD10]

I guess this ruling does not affect the FSW in this thread, eh...

http://www.canadavisa.com/canada-immigration-discussion-board/conjugal-partner-sponsorship-marriedyet-to-divorcethen-sponsor-t97291.0.html

: Oh, what tangled webs we weave!

 

[rjessome]

I guess this ruling does not affect the FSW in this thread, eh...

http://www.canadavisa.com/canada-immigration-discussion-board/conjugal-partner-sponsorship-marriedyet-to-divorcethen-sponsor-t97291.0.html

LOL! Nope.

 

[Aman82]

Hi ,
Please help me,my friend came canada as sponsered by her spouse on march 2009 and got PR on june 2009.she live apart from her husband and got divorce in feb 2012,now she remarried and want to sponser her new spouse may be on june/2012.can she sponser her new spouse or wait for 5 year for sponsering.i read if anyone applied before 2 march 2012,then 5 tear not subject to them,,but she is going to apply on june /2012.it means",she have to wait for 5 year.