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Five-year Sponsorship Bar

parker24

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Nov 26, 2011
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04-01-2013
sonyji said:
Hello everyone ... I just need help --i need some clearification:


in cic website it says.

Date of Sponsorship Application Eligibility to sponsor
Sponsorship application received prior to March 2, 2012: Not subject to the 5-year sponsorship bar
regardless of the date on which the sponsor
became a permanent resident

Sponsorship application received on or following March 2, 2012: Subject to the 5-year sponsorship bar...



SO I WAS SPONSORED BY MY SPOUSE AND THE APPLICATION WAS RECEIVED ON 2010... BUT I GOT PR 2012.. AND ACTUALLY AM ALREADY DIVORCED THIS YEAR.. SO THIS RULE DOESNT APPLY TO ME RIGHT!!!!I KNOW FOR A SURE AS I READ THE CIC RULE BUT JUST WANT TO GET OPINION OF U YOU ALL.. ANY FEED BACK R WELCOME. THANKS....
Correct. It does not apply to you.
 

scylla

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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).
 

parker24

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04-01-2013
scylla said:
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).
Thanks for the clarification scylla :)
 
M

mikeymyke

Guest
The guy divorced less than a year after he became a PR, now he wants to try to re-sponsor someone else, but now he can't, suckaaaaa
 

MissDominica

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May 21, 2012
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mikeymyke said:
The guy divorced less than a year after he became a PR, now he wants to try to re-sponsor someone else, but now he can't, suckaaaaa
Exactly.
 

PMM

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Jun 30, 2005
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Hi


sonyji said:
I just called today immigration office and they said I am eligible as they had received application on 2010 and even i became PR on 2012 ( it says doesnt matter when u become PR) but as long as the applicaiton is received before march 2012 -5 year sponsor ship bar doesnt apply) I am so happy...
MY sponsor divorced me as it took me me 2 years to reach here and he had an affair,...Anyways now am free so i am elgible to marry again and my divorce certificate is coming next month......
They gave you the wrong information.

"were previously sponsored as a spouse , common-law or conjugal partner and became a permanent resident of Canada less than 5 years ago,"

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.
Implications

The amendment, which came into force on March 2, 2012 upon registration, bars a previously-sponsored spouse or partner, from sponsoring a new spouse or partner within five years of becoming a PR even if the sponsor acquired citizenship during that period. Other members of the family class will not be affected by the regulatory changes.
Scenarios for previously sponsored spouses/partners:
Date of Sponsorship Application Eligibility to sponsor
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

So you can't sponsor until 2017.
 

scylla

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What PMM said. You were given bad information by the immigration office.

You can certainly remarry. But you won't be able to sponsor your new spouse until sometime in 2017.
 
M

mikeymyke

Guest
Thank god this guy had to wait until 2017 to sponsor. We need to crack down on fraudsters like him. Look at his posts from March 2012 - June 2012. He was so happy to get his PR on March 2012, and then on June 2012, 3 months later, starts saying that he's sponsoring someone new, and needs advice on providing proof of relationship.

Buddy, you might say "you are so happy" you can re-sponsor this year, but I'm so glad you'll have to wait another 4 years to bring your spouse over. In fact, you shouldn't be allow to be in this country, seeing as how you clearly entered here through a marriage of convenience.

I wish so much I could somehow send this info to our government, and have them deport you because of fraud, but for now, all I can hope is that you get run over by a bus or something.
 
M

mikeymyke

Guest
MY sponsor divorced me as it took me me 2 years to reach here and he had an affair
That's a lie, because in just 3 months, according to your posts, you went from being so happy you got PR (either meaning you're happy you got PR so you can sponsor your new spouse, or you and your 1st spouse were supposedly happily married), to talking about being married again and needing to submit proof for a new spouse. You can't just have suddenly, within 3 months, found out your husband cheating, and then found a new spouse so fast. If that's not true, then that means you were secretly in a relationship with another person during the sponsorship process, meaning you entered in a marriage of conveinence and your marriage is not genuine.
 

Pusha

Newbie
Jul 19, 2013
7
0
Sonyji..Its people like you who are giving us all who sponsor a bad rep... you should be deported back to your country and I hope you are :)
its because of you Canada is becoming so unreasonably strict.. I hope the CBSA breaks in your place and cuffs you and drags you to the airport ;)
 

parker24

VIP Member
Nov 26, 2011
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04-01-2013
Pusha said:
Sonyji..Its people like you who are giving us all who sponsor a bad rep... you should be deported back to your country and I hope you are :)
its because of you Canada is becoming so unreasonably strict.. I hope the CBSA breaks in your place and cuffs you and drags you to the airport ;)
Uhh that is a little harsh... It actually sounds like the APPLICANT was taken in by the SPONSOR.

Bite your tongue.
 

MilesAway

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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.
 

Jparul

Member
Jul 19, 2013
17
0
Pusha,you are being too harsh and don't just comment on people like that without trying to understand what the situation is..sometimes people do get divorced due to certain circumstances but that doesn't mean there was some intention of their marriage,how can you be so confident on other's cases,did you too went through that phases,I guess so.no offence

We are here in this forum to help each other and give genuine suggestions and not being harsh and mean to people