march 2012, change of spouse visa rules for second marriage

[saidpuria]

hi
do any one knows about the recent changes in spouse visa application which happened in march 2012 news release?
according to this new rule, any one after second marriage have to wait for 5 years to sponser new partner from india or other countries.

my concern is
how they count these five years?
1. the day when someone filed the application for pr?
2. or the day when someone got pr?
in my case, my wife went to canada in 2004 as a international student, got married to canadian pr/citizen(not sure) guy and applied for her pr in 2006 and got pr in feb 2008. now we are not sure that she is eligible now to sponser me of in frb 2013.
thanks in advance for the help.

 

[scylla]

The 5 years is counted from the day someone landed in Canada and became a PR. Because your wife was sponsored by her spouse - she cannot sponsor you until 5 years after she landed (i.e. February 2013).

 

[Luck786]

I don't think this rule apply to her.This will apply to spouses applied on and afterOct 25th ,2012.
I dont think people who got divorce upto 5 years back cant apply until 5 years are over.It is for future sponsored spouses only.

 

[scylla]

I don't think this rule apply to her.This will apply to spouses applied on and afterOct 25th ,2012.
I dont think people who got divorce upto 5 years back cant apply until 5 years are over.It is for future sponsored spouses only.

You are confusing two completely different rules. You are thinking of the Conditional PR Rule. The rule saidpuria is referring to is the 5 Year Sponsorship Bar Rule and it applies to anyone who has submitted or will be submitting a sponsorship application March 2, 2012 or later. This rule states that if you yourself were sponsored for PR via spousal sponsorship, you cannot sponsor someone else via spousal sponsorship within 5 years of landing. Consequently this rule applies to saidpuria because his wife will be submitting his sponsorship application after March 2, 2012. See the following page on the CIC site for more information:

http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob386.asp

 

[Luck786]

Oh
Sorry about that.I didn't know about this one of March 2012.I thought it will be for future spouses.
Thanks for clarification.