How long does it take to sponsor second wife incase of divorce

[svs]

Dear friends,
I am writing this on behalf of my friend,
My friend got married last year and he sponsored his wife's immigration. Now she got her passport and
She has to enter Canada in next 2 weeks as per the letter and now she is not interested to come
. My question is if they want to take divorce ( she is not interested to come to Canada now) ,
How long does it take to sponsor incase if he gets married again . (Without the first wife entry into Canada) .

Thanks,

 

[screech339]

Dear friends,
I am writing this on behalf of my friend,
My friend got married last year and he sponsored his wife's immigration. Now she got her passport and
She has to enter Canada in next 2 weeks as per the letter and now she is not interested to come
. My question is if they want to take divorce ( she is not interested to come to Canada now) ,
How long does it take to sponsor incase if he gets married again . (Without the first wife entry into Canada) .

Thanks,

The 5 year ban applies to the applicant landing and becoming PR, not to the sponsor. So the friend can marry and sponsor another wife anytime after he officially becomes divorce. He would have to wait 1 year of being separated before he can legally be granted divorce, at least in Canada.

Screech339

 

[screech339]

If the marriage took place outside Canada, the divorce proceedings would have to follow the laws of the country where they got married.

Screech339

 

[svs]

The 5 year ban applies to the applicant landing and becoming PR, not to the sponsor. So the friend can marry and sponsor another wife anytime after he officially becomes divorce. He would have to wait 1 year of being separated before he can legally be granted divorce, at least in Canada.

Screech339

I heared it other way . Is there info in website , I heared that sponsor has to wait for 5 years

 

[Rob_TO]

I heared it other way . Is there info in website , I heared that sponsor has to wait for 5 years

Just cancel your sponsorship undertaking. Then you can sponsor anyone else as soon as your separation is finalized.

 

[Kopje]

According to the CIC website the 5 year bar applies also to the sponsor. I marked the important part in bold.

However it only applies if his current spouse becomes a PR. If she never enters Canada and her Visa runs out he can sponsor another 'spouse' immediately.

-----
People who cannot be sponsored

You cannot be sponsored as a spouse, a common-law partner or a conjugal partner if:

you are under age 16,
you (or your sponsor) were married to someone else at the time of your marriage
you have lived apart from your sponsor for at least one year, and either you or your sponsor are the common-law or conjugal partner of another person,
your sponsor applied for permanent residence but did not include you on their application as someone who should be examined or
your sponsor has sponsored another spouse, common-law partner or conjugal partner in the past, and three years have not passed since that person became a permanent resident (or five years if your application was received on or after March 2, 2012).

----

 

[screech339]

According to the CIC website the 5 year bar applies also to the sponsor. I marked the important part in bold.

However it only applies if his current spouse becomes a PR. If she never enters Canada and her Visa runs out he can sponsor another 'spouse' immediately.

-----
People who cannot be sponsored

You cannot be sponsored as a spouse, a common-law partner or a conjugal partner if:

you are under age 16,
you (or your sponsor) were married to someone else at the time of your marriage
you have lived apart from your sponsor for at least one year, and either you or your sponsor are the common-law or conjugal partner of another person,
your sponsor applied for permanent residence but did not include you on their application as someone who should be examined or
your sponsor has sponsored another spouse, common-law partner or conjugal partner in the past, and three years have not passed since that person became a permanent resident (or five years if your application was received on or after March 2, 2012).

----

Regulatory changes now in force mean sponsored spouses or partners will have to wait five years from the day they are granted permanent residence status in Canada to sponsor a new spouse or partner. Until now, a sponsored spouse or partner arriving in Canada as a permanent resident could leave their sponsor and sponsor another spouse or partner themselves, while their original sponsor was still financially responsible for them for up to three years.

http://www.cic.gc.ca/english/department/media/releases/2012/2012-03-02.asp

This links says it applies to the sponsored spouses or partners. Not the sponsor.

Screech339

 

[Kopje]

Regulatory changes now in force mean sponsored spouses or partners will have to wait five years from the day they are granted permanent residence status in Canada to sponsor a new spouse or partner. Until now, a sponsored spouse or partner arriving in Canada as a permanent resident could leave their sponsor and sponsor another spouse or partner themselves, while their original sponsor was still financially responsible for them for up to three years.

http://www.cic.gc.ca/english/department/media/releases/2012/2012-03-02.asp

This links says it applies to the sponsored spouses or partners. Not the sponsor.

Screech339

This means it applies to both parties now. Before it only applied to the sponsor and now it also applies to the new PR. I like that change.

 

[screech339]

This means it applies to both parties now. Before it only applied to the sponsor and now it also applies to the new PR. I like that change.

The links also says that the sponsor cannot sponsor another spouse while the 3 year financial obligation is in progress even if the sponsored applicant landed as PR and marriage failed.

Nothing about the 5 year marriage ban applying to the sponsor. So once the 3 year obiligation is up, the sponsor can re-marry and sponsor another at any time.

Screech339

 

[Kopje]

The links also says that the sponsor cannot sponsor another spouse while the 3 year financial obligation is in progress even if the sponsored applicant landed as PR and marriage failed.

Nothing about the 5 year marriage ban applying to the sponsor. So once the 3 year obiligation is up, the sponsor can re-marry and sponsor another at any time.

Screech339

Please have a look at this site:

http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp#five

According to my understanding of the last bullet point in the section I quoted above "Definitions" -> "Who cannot be sponsored" a sponsor cannot sponsor someone else if the last sponsorship was within the last 5 years. This means the 5 year sponsorship bar applies also to sponsors or am I misunderstanding something?

 

[scylla]

Please have a look at this site:

http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp#five

According to my understanding of the last bullet point in the section I quoted above "Definitions" -> "Who cannot be sponsored" a sponsor cannot sponsor someone else if the last sponsorship was within the last 5 years. This means the 5 year sponsorship bar applies also to sponsors or am I misunderstanding something?

You're misunderstanding.

The 5 year rule only applies to the person who was sponsored (the applicant) and is now trying to sponsor a spouse themselves. As screech339 has explained, this rule does not apply to the original sponsor.

 

[screech339]

Please have a look at this site:

http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp#five

According to my understanding of the last bullet point in the section I quoted above "Definitions" -> "Who cannot be sponsored" a sponsor cannot sponsor someone else if the last sponsorship was within the last 5 years. This means the 5 year sponsorship bar applies also to sponsors or am I misunderstanding something?

Read this in the guide in link: http://www.cic.gc.ca/english/information/applications/guides/5289ETOC.asp

You may NOT sponsor if you...

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

The sponsor cannot sponsor another spouse during the 3 year financial commitment. Once the 3 year obligation is up, only then can the person sponsor another.

 

[Kopje]

Read this in the guide in link: http://www.cic.gc.ca/english/information/applications/guides/5289ETOC.asp

You may NOT sponsor if you...

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

The sponsor cannot sponsor another spouse during the 3 year financial commitment. Once the 3 year obligation is up, only then can the person sponsor another.

I must be misunderstanding the link I posted. From that link I got the impression that the 5 year rule applies to both.

Thank you very much for explaining.

 

[screech339]

I must be misunderstanding the link I posted. From that link I got the impression that the 5 year rule applies to both.

Thank you very much for explaining.

No problem.

The only difference is that the sponsored PR has to wait 2 more years to sponsor than the sponsor does.

Prior to this new change, the newly PR sponsor could have sponsored another spouse the next day after 1 year of divorce or sooner depending on the divorce laws in where the marriage too place. And yet the sponsor cannot sponsor another spouse for 3 years. Don't you think that is rather unfair to the sponsor?

So now under the new rule, the sponsored PR will have to wait 5 years in total compared to the sponsor having to wait 3 years.

 

[Graihn]

No problem.

The only difference is that the sponsored PR has to wait 2 more years to sponsor than the sponsor does.

Prior to this new change, the newly PR sponsor could have sponsored another spouse the next day after 1 year of divorce or sooner depending on the divorce laws in where the marriage too place. And yet the sponsor cannot sponsor another spouse for 3 years. Don't you think that is rather unfair to the sponsor?

So now under the new rule, the sponsored PR will have to wait 5 years in total compared to the sponsor having to wait 3 years.

My thing is, if the first long and painful attempt of sponsorship comes to an end, why not stay away from finding potential wives outside of Canada?