Five-year Sponsorship Bar

[Jparul]

@@@@@. Pusha, how can you be so insensitive and harsh on others.dont just be judgmental here,we are in this forum to help each other and not to offend people.

By the way how can you be so sure about others,did you too also go though that phase....

Nextime just think twice before you open your mouth

 

[truesmile]

The OP's posts are confusing. At first, the OP was sponsoring her husband. (based on old posts saying: My spouse got his visa!) But now it's apparently the OP that got PR, and not vice-versa.
They were also posting and asking everyone to help them, and make sure they don't get refused. Sigh.

It's "possible" that they were both sharing the same alias on this forum (albeit unlikely). Anyway, in this case so long as the current OP is contributing to society, for me it's ALL good. If the OP isn't (and actually goes on social assistance) then the OP's sponsor is on the hook for 3 years . . . still not SO bad since doing that, will also only delay his current/pending application ie in becoming an eligible sponsor. There are more "legitimate" sponsorships in the family class out there that actually end up "raping" the system (as put by another forum member), but then that has nothing to do with immigration fraud.

 

[MissDominica]

While I disagree with the "harshness" used, I somewhat agree that this doesn't seem quite legit either.

The applicant accepted PR status and came to Canada in 2012. In order to have not been lying, he/she would have needed to be still in a genuine, on-going relationship with the sponsor at the time of landing. If he/she was NOT, then this is fraud and PR would not have been granted.

Assuming the applicant and sponsor were still in a proper, genuine relationship when the applicant arrived as a PR, in a short time the relationship completely deteriorated, someone cheated, the OP filed for divorce, healed the wounds of a marriage he/she worked 2+ years on getting PR for, found a NEW love interest, grew their relationship to the point of knowing 100% that he/she wanted to sponsor this person and commit to being responsible for them for 3+ years, and has started to look into the details of applying for this new love interest before his/her divorce certificate for her PR-gaining marriage has even arrived.

To me... it sounds more than a little strange. While I understand that everyone is different and marriages and relationships (sadly) end in horrible circumstances sometimes, this sounds a little pre-orchestrated to me and a little strange for so much to happen in a short period of time.

Also, the OP stated that the "sponsor" wanted divorce because it took the applicant 2 whole years to get to Canada and the sponsor had an affair... If the sponsor chose to divorce because of the 2 whole years, that would imply that the relationship was already on the rocks when applicant landed (since sponsor wasn't willing to wait the 2 years and wanted to divorce for that reason).

All just speculation, of course, and I'm not sure that the details really matter since a person's personal life isn't really my business. But it IS stuff like this that makes some of the more typical cases and obviously legit families be kept apart for years and have their applications take forever to process. Sigh.

 

[londondreamz]

Actually, the 5 year bar does apply to you if you now want to sponsor someone else as your new spouse or common law partner. The March 5, 2012 date refers to the date on which you would submit the application to sponsor your new spouse / common law partner - not the date you landed and not the date the application was submitted to sponsor you by your Canadian spouse.

In other words, if you now have a new common law partner or spouse and you want to sponsor them for PR - you will have to wait until five years after your landing date (i.e. sometime in 2017).

Hi Scylla
I just want to know does this 5 year bar rule apply to this case: My friend is PR and his divorce is in process in India. He did not sponsor his wife. After the divorce, if he remarries and sponsors his second wife for PR (which will be his first time spouse sponsorship), Does this 5 year bar rule apply to his case?

regards

 

[screech339]

Hi Scylla
I just want to know does this 5 year bar rule apply to this case: My friend is PR and his divorce is in process in India. He did not sponsor his wife. After the divorce, if he remarries and sponsors his second wife for PR (which will be his first time spouse sponsorship), Does this 5 year bar rule apply to his case?

regards

Don't believe the 5 year ban applies to him as he was the sponsor not the applicant who received PR through sponsorship. The 5 year ban would apply to applicants who gotten PR through spousal sponsorship and thus have to wait 5 years after landing if the marriage failed less than 5 years after landing.

 

[jgeliberte]

HEY GUYS! I want to know some clarifications about the 5yrs Sponsorship Bar..

It says;

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

We received our PR last January and arrived also in Canada last January 2014 and we(whole family) are sponsored by my dad (I am declared as dependent when my dad applied for provincial nominee),
me and my long time girlfriend will get marry this coming April 2015.

Am I also affected with this sponsorship bar even though am not sponsored as "SPOUSE, COMMON LAW PARTNER or CONJUGAL PARTNER"?

Thanks!!!

 

[scylla]

No - it does not apply to you. You can go ahead and sponsor.