5 years sponsorship ban as supposed to being a Citizen

[scylla]

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)."

No it doesn't. You are misreading and misunderstanding. Read again and read the entire statement. The reference to the application received is the application to sponsor the NEW spouse - NOT the original application under which the sponsor became a PR.

Here it is with key parts bolded and underlined.

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).

 

[bnouman]

No it doesn't. You are misreading and misunderstanding. Read again and read the entire statement. The reference to the application received is the application to sponsor the NEW spouse - NOT the original application under which the sponsor became a PR.

Here it is with key parts bolded and underlined.

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).

Ok, that makes sense. I'm so confused because my situation is my fiance work visa expire on Aug 11, 2021, and my 5 years landed PR is September 19, 2021. So 1 month and 1 week of difference. I wonder if we send his application at the beginning of August we will run into any issues as it's a month only.

 

[scylla]

Ok, that makes sense. I'm so confused because my situation is my fiance work visa expire on Aug 11, 2021, and my 5 years landed PR is September 19, 2021. So 1 month and 1 week of difference. I wonder if we send his application at the beginning of August we will run into any issues as it's a month only.

Yes - of course you will run into issues.

The application will be refused if you send it in August.

You have to qualify as a sponsor on the day that IRCC receives the application. The earliest IRCC can receive the application is September 19th. Any earlier and you're going to be refused.

 

[canuck78]

I need some advice with my case. I got married in Aug 2016 in India, later in Jan 2017 I came to Canada on an Open Work Permit. In Nov 2017 I got my PR card and did an inland landing. My ex spouse filed the his PR application by adding me in it (in 2017 that's why I got it). By March 2020 we got a mutual divorce from Canada. I remarried in Nov 2020 in India. My questions are:

1) Can I sponsor my new spouse?
2) if not, then how long to I have to wait?
3) My Confirmation of PR has nothing mentioned under "Condition" so is there a ban with regards to sponsoring a new spouse?
4) Since I was previously married in India but got divorced in Canada, I have now obtain a Marriage Certificate from the Govt. of India with regards to my new marriage. will Canada accept this Marriage?
5) or do I have to come back to Canada and register my marriage there?

Thank you.

Have you lived in Canada with your exspouse since January 2017? When did you actually land in Canada and how much time have you spent in Canada since then? Are you currently in Canada?

 

[scylla]

I came to Canada on a Open work permit in Jan 2017 since then I stayed in Canada. In Nov 2017 I got my PR and did an INLAND Landing (at Windsor).
1) Actually landed in Canada- Jan 2017. 2)Time spent in Canada since then- 3 years and approx 7 months.
3) have I lived with my ex spouse since Jan 2017 inside Canada- yes

The 5 year ban does not apply to you since you were a dependent in your spouse's economic PR application. The 5 year ban only applies in situations where you were sponsored through family class by a spouse who is already a Canadian citizen or PR. You can sponsor your new spouse now.

 

[scylla]

I came to Canada on a Open work permit in Jan 2017 since then I stayed in Canada. In Nov 2017 I got my PR and did an INLAND Landing (at Windsor).
1) Actually landed in Canada- Jan 2017. 2)Time spent in Canada since then- 3 years and approx 7 months.
3) have I lived with my ex spouse since Jan 2017 inside Canada- yes

Just to add - note that you must be living in Canada to submit the application to sponsor your new spouse. You cannot apply from outside of Canada. However as said above, the 5 year ban does not apply to you and you can sponsor your new spouse now.

 

[canuck78]

I came to Canada on a Open work permit in Jan 2017 since then I stayed in Canada. In Nov 2017 I got my PR and did an INLAND Landing (at Windsor).
1) Actually landed in Canada- Jan 2017. 2)Time spent in Canada since then- 3 years and approx 7 months.
3) have I lived with my ex spouse since Jan 2017 inside Canada- yes

Date for RO is only from your PR landing date which is November 2017. You seem to be in compliance with your RO so you can sponsor your spouse but you must be living in Canada to sponsor. Assume you stopped living with your spouse in 2019 if your divorce was finalized in May 2020.