Five-year sponsorship bar

[EkaterinaToronto]

Dear gentlemen / ladies !

Could you be so kind and help me to understand Operational Bulletin 386?

My husband was "sponsored to come to Canada as a spouse or partner" - 2007.
He got his PR card - Dec 2009.
He divorced - 2010.

Is he eligible to sponsor me right now, or he has to wait Dec 2014?
I called to CIC call center and spoke with 3 agents, and they said that he is allowed to sponsor me ( before Dec 2014), because his sponsorship application was received 2007, and this new law affects only people whose sponsorship applications were received AFTER March 2, 2012.

According to the 5-years bar .... ( www .cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp ), it seems right.
But I understand that CIC Call Center's operators are not responsible for my applications and they are not " decision-maker".

Could you pls, help me to understand this bar?

Thanks in advance !

 

[truesmile]

They are correct. Since the "new legislation" took effect on March 2, 2012, it consequently only applies to applications received AFTER that date. So it's true, since your husband's application for his sponsorship was submitted in 2007, you DO NOT have to wait until December 2014 for him to submit yours.

 

[EkaterinaToronto]

They are correct. Since the "new legislation" took effect on March 2, 2012, it consequently only applies to applications received AFTER that date. So it's true, since your husband's application for his sponsorship was submitted in 2007, you DO NOT have to wait until December 2014 for him to submit yours.

I agree! But : IMM1344E ( www .cic.gc.ca/english/pdf/kits/forms/IMM1344E.pdf)
SPONSOR ELIGIBILITY ASSESSMENT
Q#5 : in the five years preceding your application, DID YOU BECOME A PR after being sponsored as a spouse.....
AND if you answer "yes" to Q5 .... you are not eligible to be a sponsor.....

How to understand this application's question and what to answer ?

 

[user828]

I agree! But : IMM1344E ( www .cic.gc.ca/english/pdf/kits/forms/IMM1344E.pdf)
SPONSOR ELIGIBILITY ASSESSMENT
Q#5 : in the five years preceding your application, DID YOU BECOME A PR after being sponsored as a spouse.....
AND if you answer "yes" to Q5 .... you are not eligible to be a sponsor.....

How to understand this application's question and what to answer ?

It doesn't say - you are not eligible to be a sponsor, it says ' you may not be eligible to sponsor - please see guide"
Guide is here

http://www.cic.gc.ca/english/information/applications/guides/3900ETOC.asp

Which says

You may NOT sponsor if you…

signed an undertaking for a previous spouse or common-law partner and three years have not elapsed since he or she became a permanent resident and,
receive social assistance for a reason other than disability,
are in default of an undertaking, an immigration loan, a performance bond, or family support payments, For more information. See Defaults below.
are an undischarged bankrupt,
were convicted of an offence of a sexual nature, a violent criminal offence, an offence against a relative that results in bodily harm or an attempt or threat to commit any such offences—depending on circumstances such as the nature of the offence, how long ago it occurred and whether a pardon was issued
For more information. See Sponsorship Bar for Violent Crime
were previously sponsored as a spouse , common-law or conjugal partner and became a permanent resident of Canada less than 5 years ago,
For more information. See Five-year Sponsorship Bar
are under a removal order,
are detained in a penitentiary, jail, reformatory or prison,
have already applied to sponsor your current spouse or common-law partner and a decision on your application has not yet been made.

Here is the - http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp

<a href="http://imgur.com/gpXvBDz"><img src="http://i.imgur.com/gpXvBDz.png" title="Hosted by imgur.com" /></a>

 

[Alurra71]

Dear gentlemen / ladies !

Could you be so kind and help me to understand Operational Bulletin 386?

My husband was "sponsored to come to Canada as a spouse or partner" - 2007.
He got his PR card - Dec 2009.
He divorced - 2010.

Is he eligible to sponsor me right now, or he has to wait Dec 2014?
I called to CIC call center and spoke with 3 agents, and they said that he is allowed to sponsor me ( before Dec 2014), because his sponsorship application was received 2007, and this new law affects only people whose sponsorship applications were received AFTER March 2, 2012.

According to the 5-years bar .... ( www .cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp ), it seems right.
But I understand that CIC Call Center's operators are not responsible for my applications and they are not " decision-maker".

Could you pls, help me to understand this bar?

Thanks in advance !

You should expect that your application is going to take extra time and probably be under heavy scrutiny since he himself was only here for 1 year before divorcing after being sponsored via spousal class. He is, however, currently eligible to sponsor you because he did not fall into the 5 year sponsorship bar category.

 

[EkaterinaToronto]

Thanks a lot to everyone.

I spoke today to CIC call center again, and they opened my husband's case, and said that he CAN sponsor me right now. New regulation does not affect him.
Thanks again !

 

[screech339]

Thanks a lot to everyone.

I spoke today to CIC call center again, and they opened my husband's case, and said that he CAN sponsor me right now. New regulation does not affect him.
Thanks again !

Congrats but I didn't think the 5 year sponsorship ban would have any effect on his ability to sponsor you. However since he has divorced 1 year after landing, CIC may view your application more closely. They could view your marriage as a marriage of convenience and need to be convinced otherwise. Just be aware of this possible "red flag" especially if your relationship with him started not long after his divorce and be prepared.

Screech339

 

[EkaterinaToronto]

Congrats but I didn't think the 5 year sponsorship ban would have any effect on his ability to sponsor you. However since he has divorced 1 year after landing, CIC may view your application more closely. They could view your marriage as a marriage of convenience and need to be convinced otherwise. Just be aware of this possible "red flag" especially if your relationship with him started not long after his divorce and be prepared.

Screech339

Thanks for your advice !
I hope we will be ok. It was his ex-wife fault. She cheated and she was pregnant. And we are more than 1 year husband and wife, and our relationship started in 1.8 months after his divorce.

 

[screech339]

Thanks for your advice !
I hope we will be ok. It was his ex-wife fault. She cheated and she was pregnant. And we are more than 1 year husband and wife, and our relationship started in 1.8 months after his divorce.

I am sure it will work out for you. But just be prepared. Since you mentioned that you started the relationship not long after the divorce, CIC may view the marriage as such of convenient despite you been married for more than a year. The fact that you have been married more than a year help in your favour of being a genuine marriage. Good luck.