5 Years Bar-any other options available?

[R151NG5UN]

He is permanent resident of Canada BUT he is ineligible to sponsor anybody BEFORE 2015 because of the new ruling. Had they applied 1 day before the rule came in to effect he would o been fine to sponsor her providing 2 years was satisfactory before the rule amendment.

 

[scylla]

I did not say it does not apply to them. I said it does not apply to her partner as he was sponsored before the rule
That is all

This is a very confusing statement and I'm still not sure you understand the rule.

They cannot submit a sponsorship application until 2015 - period. The rule applies to them fully.

If the Canadian partner had submitted the application to sponsor the non-Canadian partner before March 2012, they would have avoided the 5 year rule and they could have processed the sponsorship application even though the Canadian partner was sponsored by a previous spouse and landed in Canada less than five years ago.

Since they did not submit the application before March of this year, they have to wait until 2015.

 

[mo510]

thanks everyone for your replies.

Scylla, you mentioned that a renewal of a visitor visa can be denied, do you know on which grounds they can refuse it?

 

[CharlieD10]

thanks everyone for your replies.

Scylla, you mentioned that a renewal of a visitor visa can be denied, do you know on which grounds they can refuse it?

You can be denied a renewal if you do not provide all documents and information required, if they don't believe you have sufficient funds to support yourself (whether your own savings or someone else supporting you) and that you might become a charge on the public purse, they might deny it if they don't believe you will leave when you are supposed to but are actually trying to establish permanent residency without going through the proper procedures.

 

[Dr Eng X]

This is a very confusing statement and I'm still not sure you understand the rule.

They cannot submit a sponsorship application until 2015 - period. The rule applies to them fully.

If the Canadian partner had submitted the application to sponsor the non-Canadian partner before March 2012, they would have avoided the 5 year rule and they could have processed the sponsorship application even though the Canadian partner was sponsored by a previous spouse and landed in Canada less than five years ago.

Since they did not submit the application before March of this year, they have to wait until 2015.

Not to confuse you but it seems that I do not understand the rule. Here is what I meant by my previous statement:
I thought the rule applies on the new application couple in case they wish to sponsor someone in the future.
I thought the rule will NOT apply on her partner since he will be subject to the old law or treated under old law.

 

[R151NG5UN]

Not to confuse you but it seems that I do not understand the rule. Here is what I meant by my previous statement:
I thought the rule applies on the new application couple in case they wish to sponsor someone in the future.
I thought the rule will NOT apply on her partner since he will be subject to the old law or treated under old law.

The rule effects everybody who wants to sponsor a partner after the date of the new rule if they have had PR less than 5 years. Her husband would have been fine had he applied in February but since the rule was made law in March it no longer makes him eligible. He is subject to the new ruling because he never applied BEFORE March 2012 regardless of the fact he was a PR before March 2012. He will be eligible to sponsor his partner in 2015.

 

[EkaterinaToronto]

Dear gentlemen / ladies !

Could you be so kind to explain me one more time this new regulation ( five-years sponsorship bar)?

My husband was sponsored 2007 ( by his ex-wife), he got his PR DEC 2009. But Dec 2010 they divorced.
I am confused, is he allowed to sponsor me or he has to wait Dec 2014?

According to Five-year sponsorship bar for people who were sponsored to come to Canada as a spouse or partner
( w w w.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp )
Are you eligible to sponsor someone? and if CIC got your sponsorship application Before March 2, 2012, the five-year sponsorship bar does not apply, no matter when you became a permanent resident.

Does it mean that HE IS ALLOWED to sponsor me right now, because his sponsorship app was get by CIC 2007?
Thanks.