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5 years sponsorship ban as supposed to being a Citizen

dreematt

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May 24, 2015
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Hello everyone, I hope all of you are doing okay amidst the COVID 19 pandemic we are all facing.

I’m seeking clarification about the 5 years sponsorship ban, I been reading what it says on the Cic site and I’m still a bit confused. My case was that I been sponsored by my ex common law spouse and have been a PR since January of 2017, but right now I am just awaiting for my citizenship oath taking ceremony schedule to be announced(was delayed coz of the pandemic). Please help me understand if I able to sponsor my present conjugal partner spouse back home in the Philippines as soon as I become a citizen.?

Five-year sponsorship bar [R130(3)]
A person who became a permanent resident or a Canadian citizen after being sponsored as spouse, common-law partner or conjugal partner is barred from sponsoring a spouse or partner within five years of becoming a permanent resident, even if they acquired citizenship during that period. The five years is counted back from the day on which the sponsorship application – as part of a complete application package – is received by Immigration, Refugees and Citizenship Canada (IRCC).

A sponsor who became a permanent resident or a Canadian citizen 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 has been a permanent resident or a Canadian citizen, or a combination of the two, for a period of at least five years immediately preceding the day on which a sponsorship application referred to in paragraph (1)(c) is filed by the sponsor in respect of the foreign national.

To my understanding I am barred till what year of 2022?? But I been reading some post and article unless one became a citizens preceding to the 5 years then you be able to sponsor?

please help me to understand and advise me to do. Thank you.
 

Cassiano

Hero Member
Dec 4, 2017
289
78
Hello everyone, I hope all of you are doing okay amidst the COVID 19 pandemic we are all facing.

I’m seeking clarification about the 5 years sponsorship ban, I been reading what it says on the Cic site and I’m still a bit confused. My case was that I been sponsored by my ex common law spouse and have been a PR since January of 2017, but right now I am just awaiting for my citizenship oath taking ceremony schedule to be announced(was delayed coz of the pandemic). Please help me understand if I able to sponsor my present conjugal partner spouse back home in the Philippines as soon as I become a citizen.?

Five-year sponsorship bar [R130(3)]
A person who became a permanent resident or a Canadian citizen after being sponsored as spouse, common-law partner or conjugal partner is barred from sponsoring a spouse or partner within five years of becoming a permanent resident, even if they acquired citizenship during that period. The five years is counted back from the day on which the sponsorship application – as part of a complete application package – is received by Immigration, Refugees and Citizenship Canada (IRCC).

A sponsor who became a permanent resident or a Canadian citizen 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 has been a permanent resident or a Canadian citizen, or a combination of the two, for a period of at least five years immediately preceding the day on which a sponsorship application referred to in paragraph (1)(c) is filed by the sponsor in respect of the foreign national.

To my understanding I am barred till what year of 2022?? But I been reading some post and article unless one became a citizens preceding to the 5 years then you be able to sponsor?

please help me to understand and advise me to do. Thank you.
no, you have to wait till 2022, because you were sponsored.
if you became permanent resident because someone sponsored you, you have to wait 5 years from your landing, to sponsor someone else.
the sponsor has to wait 3 years.
 

Cassiano

Hero Member
Dec 4, 2017
289
78
A sponsor who became a permanent resident or a Canadian citizen 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 has been a permanent resident or a Canadian citizen, or a combination of the two, for a period of at least five years immediately preceding the day on which a sponsorship application referred to in paragraph (1)(c) is filed by the sponsor in respect of the foreign national.
A sponsor (in your case, you, as a new sponsor person) who became a permanent resident or a Canadian citizen after being sponsored as a spouse (because your were sponsored in the past).
unless the sponsor has been a permanent resident or a Canadian citizen, this is the confusing part for non English speakers
 

armoured

VIP Member
Feb 1, 2015
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They count from day of receipt of your original application. If you applied January, 2016,you can sponsor starting January 2021.
 

dreematt

Star Member
May 24, 2015
96
7
Category........
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CIC Mississauga
Job Offer........
Pre-Assessed..
AOR Received.
March 17, 2015
Med's Done....
Jan 2015 (Up Front)
They count from day of receipt of your original application. If you applied January, 2016,you can sponsor starting January 2021.
Is that right? Coz I applied 2016 so I can start sponsoring my conjugal partner January 2021 then? I thought it’s from the day you landed as PR
 

Cassiano

Hero Member
Dec 4, 2017
289
78
Is that right? Coz I applied 2016 so I can start sponsoring my conjugal partner January 2021 then? I thought it’s from the day you landed as PR
5 years, you have to wait until 2022

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/eligibility.html
You may not be eligible to sponsor your spouse, partner if you:

  • were sponsored by a spouse or partner and you became a permanent resident less than 5 years ago
  • are still financially responsible for a previous spouse or partner that you sponsored. This means you’re still bound by the 3 year undertaking to take care of this person.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5289-sponsor-your-spouse-common-law-partner-conjugal-partner-dependent-child-complete-guide.html#eligibility

you have to meet:

you’ve been in a genuine (real) relationship for at least 12 months where marriage or cohabitation (living together) hasn’t been possible because of barriers such as sexual orientation, religious faith, etc.
 
Last edited:

scylla

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Jun 8, 2010
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Is that right? Coz I applied 2016 so I can start sponsoring my conjugal partner January 2021 then? I thought it’s from the day you landed as PR
No - it's 2022.

Yes, it's from the day you became a PR. You became a PR Jan 2017.
 
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bnouman

Newbie
Oct 27, 2020
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I think you're wrong, please see below:

The five years is counted back from the day on which the sponsorship application – as part of a complete application package – is received by Immigration, Refugees and Citizenship Canada (IRCC).
 

bnouman

Newbie
Oct 27, 2020
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0
You have to wait for 5 years from the moment you landed as a PR
It's says here from the moment your application is received.

"The five years is counted back from the day on which the sponsorship application – as part of a complete application package – is received by Immigration, Refugees and Citizenship Canada (IRCC)."
 

screech339

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Apr 2, 2013
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It's says here from the moment your application is received.

"The five years is counted back from the day on which the sponsorship application – as part of a complete application package – is received by Immigration, Refugees and Citizenship Canada (IRCC)."
It appears that the liberal government wants to encourage marriage fraud since the sponsored PR can sponsor a new spouse as early as 2 years after landing as PR. Not surprisingly since the current federal government has tried every step of the way to shut down any investigations into their conducts,
 

bnouman

Newbie
Oct 27, 2020
6
0
It appears that the liberal government wants to encourage marriage fraud since the sponsored PR can sponsor a new spouse as early as 2 years after landing as PR. Not surprisingly since the current federal government has tried every step of the way to shut down any investigations into their conducts,

2 years? That doesn't make sense as a spousal sponsorship takes around 12 months to be completed. So basically they are saying 4 years and a half.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-assessing-sponsor/details-sponsorship-bars-family.html