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zardoz

VIP Member
Feb 2, 2013
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Re: Am I eligible to invite my fiancé from India ?Please HELP And comment

Yes, they apply to you. You cannot sponsor anyone for about 3.5 years.
 

cdnmom

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Dec 9, 2012
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Re: Am I eligible to invite my fiancé from India ?Please HELP And comment

Did your wife sponsor you or did you get your PR independently??
 

scylla

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Jun 8, 2010
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Re: Am I eligible to invite my fiancé from India ?Please HELP And comment

cdnmom said:
Did your wife sponsor you or did you get your PR independently??
Agreed. This is the key question.

If you immigrated together with your first wife - the five year rule does not apply.

If you were sponsored by your first wife - the five year rule applies.
 

cdnmom

Hero Member
Dec 9, 2012
660
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Category........
Visa Office......
Singapore
Job Offer........
Pre-Assessed..
App. Filed.......
24-12-2012
AOR Received.
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File Transfer...
31-01-2013
Med's Request
27-01-2014
Med's Done....
15-11-2012
Interview........
waived
Passport Req..
27-01-2014
VISA ISSUED...
04-11-2014
Re: Am I eligible to invite my fiancé from India ?Please HELP And comment

The answer to your question is pretty clear in your first post on this thread... unfortunately :(

Canadian Permanent Residents who were sponsored as a spouse/common-law partner cannot become a sponsor themselves until they have been a Permanent Resident for 5 years.
 

zardoz

VIP Member
Feb 2, 2013
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16-02-2013
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Re: Am I eligible to invite my fiancé from India ?Please HELP And comment

karrann said:
@ cdn mom

My ex wife sponspored me,so Am I still eligible,but my sponsorship case was filed way back in 2009 but I immigrated to Canada only in Feb 2012
It will be 5 years from the day you landed. So, still about 3.5 years before you can even apply to sponsor anyone. Given that it might be another year or more after that before the applicant gets a COPR, you could be looking at another 5 years total. It might make much more sense for your gf to try and immigrate independently of you, if she is eligible.
 

scylla

VIP Member
Jun 8, 2010
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01-10-2010
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Re: Am I eligible to invite my fiancé from India ?Please HELP And comment

karrann said:
@ cdn mom

My ex wife sponspored me,so Am I still eligible,but my sponsorship case was filed way back in 2009 but I immigrated to Canada only in Feb 2012
This means the five year rule applies to you. I believe you recieved your PR visa in Feb 2012 but landed in June 2012. If that's correct, then you won't be able to sponsor your new spouse until June or July 2017.
 

MilesAway

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Jul 26, 2012
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Re: Am I eligible to invite my fiancé from India ?Please HELP And comment

karrann said:
Hi guys!!!!

I am a permanent resident of Canada,I got visa on Feb 2012,and got immigrated to
Canada on June 2012.now my question is before I got in Canada I got seperated from my wife living in Canada and we have already filed for divorce case which I will get this month .i am confused as i don't know whether I am eligible to invite my fiancé from India as I just read this new rule of immigration :-
Am I eligible????

Two new rules have been added for cases of spouse/common-law partner sponsorship. They are the following:

1. 5-Year Restriction on Sponsorship (March 2nd, 2012)

Canadian Permanent Residents who were sponsored as a spouse/common-law partner cannot become a sponsor themselves until they have been a Permanent Resident for 5 years.
In this way, fraudulent applicants will not be able to manipulate the program and sponsor a partner living abroad.
2. Two-Year “Legitimate Relationship” Regulation (October 26th, 2012)

This rule applies to spouses/partners who have been in a relationship for two years or less and who have no children in common with their sponsor at the time of application submission.
Once in Canada, the sponsored individual will receive conditional Permanent Residency. They must live with their spouse/partner in a ‘legitimate relationship' for two years, or face the possibility of having their Permanent Residency revoked.
Exceptions will be made for sponsored spouses or partners who are suffering from abuse or neglect.

Does this rule imply on me??? I am confused:(


Please suggest

Thanks in advance

Karrann.
The bolded part throws up red flags for me. You were separated before you got to Canada, yet you declared yourself as still with your wife when you landed. That is misrepresentation. You are obligated to advise CIC if your marital status changes, which it did, but you continued and landed despite no longer being with your spouse.

If you show that you were with your new partner before you landed, CIC is going to have a lot of questions for you.
 

cdnmom

Hero Member
Dec 9, 2012
660
13
Category........
Visa Office......
Singapore
Job Offer........
Pre-Assessed..
App. Filed.......
24-12-2012
AOR Received.
12-01-2013
File Transfer...
31-01-2013
Med's Request
27-01-2014
Med's Done....
15-11-2012
Interview........
waived
Passport Req..
27-01-2014
VISA ISSUED...
04-11-2014
Re: Am I eligible to invite my fiancé from India ?Please HELP And comment

MilesAway said:
The bolded part throws up red flags for me. You were separated before you got to Canada, yet you declared yourself as still with your wife when you landed. That is misrepresentation. You are obligated to advise CIC if your marital status changes, which it did, but you continued and landed despite no longer being with your spouse.

If you show that you were with your new partner before you landed, CIC is going to have a lot of questions for you.
Very true as well... knowing now that he was sponsored by his ex-wife.
 

zardoz

VIP Member
Feb 2, 2013
13,304
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Canada
Category........
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Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
Re: Am I eligible to invite my fiancé from India ?Please HELP And comment

MilesAway said:
The bolded part throws up red flags for me. You were separated before you got to Canada, yet you declared yourself as still with your wife when you landed. That is misrepresentation. You are obligated to advise CIC if your marital status changes, which it did, but you continued and landed despite no longer being with your spouse.

If you show that you were with your new partner before you landed, CIC is going to have a lot of questions for you.
Well spotted... I'd completely missed that little snippet of information. The OP is going to have serious problems if he gets detected by, for example, trying to sponsor someone else.

To the OP, if anyone who knows you, decides to report you for any reason, you will probably lose your PR status for misrepresentation. You will probably then have to leave Canada, possibly for good. People are encouraged by CIC to report marriage fraud and they make it easy to be anonymous. The maximum criminal sentence for misrepresentation is five years in jail, or a $100,000 fine.

Just in case there is anyone here who knows you or your ex-wife, this is how to report immigration fraud...

You can report immigration fraud by calling the Border Watch Tip Line at 1-888-502-9060. All information is treated as confidential.