5 Years Bar-any other options available?

[mo510]

Hello everyone...

 

[Dr Eng X]

I thought the 5 year bar is effective on applicants after the law ...which is around 3/2012...not sure..If someone can reply

 

[devine777]

info from CIC website
[u]Date of Sponsorship Application [/u] Eligibility to sponsor
[size=10pt][size=10pt]

• 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
  

[/size][/size]
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

http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob386.asp

 

[Dr Eng X]

info from CIC website
[u]Date of Sponsorship Application [/u] Eligibility to sponsor
[size=10pt][size=10pt]

• 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
  

[/size][/size]
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

http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob386.asp

Thanks

 

[scylla]

No - you are not entitled to accompany him and work.

Yes - you could come as a visitor. Note that as a visitor, you won't be able to work or attend school. And it's unlikely you'll have access to health care. You can apply to extend your visit or try to leave and return to prolong your stay. There is never a guarantee that an extension will be approved or that you will be allowed back into the country. So unfortunately this option is not a sure thing.

If you can find an employer here who is willing to hire you (and also obtain an approved labour market opinion) - then a work permit could be another option.

Hope this helps.

 

[scylla]

Oh - and just to confirm. Unfortunately you're correct. Neither your partner's sister nor her husband can sponsor you through family class.

 

[Dr Eng X]

I don't think the 5 year bar applies to their case since he got his PR 2010 the law is recent.

 

[scylla]

I don't think the 5 year bar applies to their case since he got his PR 2010 the law is recent.

You've misunderstood the rule. This rules does in fact apply to them.

What matters is when the sponsored person landed - and when the application to sponsor the new spouse is going to be submitted. Since the application for the new spouse/partner is going to be submitted after the rule was put in place (after March 2, 2012), the rule applies to them. And since the sponsored person landed in 2010, they can't sponsor a new partner until 5 years have passed.

Full details on the following page:

http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob386.asp

 

[amira_mais]

You could be eligible to receive a 2-year open work permit as the foreign spouse of a returning Canadian/permanent resident if:

- you and your husband plan to live and work in Ontario, and
- your husband will be working as a health care professional or in an academic position in a post-secondary institution

For more details, see: http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob229A.asp

 

[Dr Eng X]

You've misunderstood the rule. This rules does in fact apply to them.

What matters is when the sponsored person landed - and when the application to sponsor the new spouse is going to be submitted. Since the application for the new spouse/partner is going to be submitted after the rule was put in place (after March 2, 2012), the rule applies to them. And since the sponsored person landed in 2010, they can't sponsor a new partner until 5 years have passed.

Full details on the following page:

http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob386.asp

I might be wrong but I understand she says her partner can't sponsor her. The sponsor landed in 2010 the rule applies to applicants after 2012 which means his case is under the old law.
They both will be under the 5year which means they can't sponsor anyone

Hello everyone,

I would like to ask for some advice about our situation: any help will be welcomed and greatly appreciated.

My partner and I (Egyptian and Italian) have been together for almost 2 years and we are currently living in London, UK. We are thinking of moving to Toronto where his sister lives, ideally in February 2013.
He holds a PR having been previously married to a Canadian citizen. Due to the 5 years bar, he will only be eligible to sponsor me in May 2015.

I could be wrong...but rules don't apply in retroactive

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.

 

[R151NG5UN]

I might be wrong but I understand she says her partner can't sponsor her. The sponsor landed in 2010 the rule applies to applicants after 2012 which means his case is under the old law.
They both will be under the 5year which means they can't sponsor anyoneI could be wrong...but rules don't apply in retroactive

Read the following sentence very carefully.

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

Which means had they applied BEFORE the ruling they would have been eligible but AFTER the ruling they are ineligible.

 

[Dr Eng X]

Read the following sentence very carefully.

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

Which means had they applied BEFORE the ruling they would have been eligible but AFTER the ruling they are ineligible.

The rule would apply to them but not on her partner since he applied before 2012

 

[R151NG5UN]

Yes it does apply to both of them because they have applied AFTER the rule came in to effect

 

[Dr Eng X]

Yes it does apply to both of them because they have applied AFTER the rule came in to effect

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

 

[parker24]

If they had applied before, things would be peachy. But because it is now 2012, they cannot do so. Basically they will have to wait.