need some advise for spousal sponsorship

[choizzy]

Dear PMM or member,

Hi, i would like to have a clear answer regarding my bf's situation, he stayed here in Canada as a refugee claimant, his claim was denied and has a deportation order within 45 days. His lawyer advised him to appeal for a H & C to be able stay here in canada, but the lawyer told him to pay a abt $6000 for processing of this appeal, he is really can't afford that much and financial matter is also an issue. He decided not to appeal for H & C and just go back to his country. I can marry and sponsor him since i have PR visa but he refused bec. he told me that it is already too late for that. He told me that better, if I want to marry and sponsor him outside canada, of course in our country.

My questions are:

a) if we got marry and l apply for spousal sponsorship is there will be a problem on my application since he was deported from Canada?
b) how long is the normal processing?
c) also, he had fight with his co worker and not intentionally wounded the other worker but it was not his fault he just defend himself. He stayed in jail overnight and released the next day. Is it considered criminal offense and is there will be problem in my application to process for spousal sponsorship on this situation
d) lastly, can he will be permitted to enter again in Canada even if he was deported?

Thanks and i hope you can help and advise me if on this matter.

Have a nice day...

 

[choizzy]

Dear PMM or member,

Hi, i would like to have a clear answer regarding my bf's situation, he stayed here in Canada as a refugee claimant, his claim was denied and has a deportation order within 45 days. His lawyer advised him to appeal for a H & C to be able stay here in canada, but the lawyer told him to pay a abt $6000 for processing of this appeal, he is really can't afford that much and financial matter is also an issue. He decided not to appeal for H & C and just go back to his country. I can marry and sponsor him since i have PR visa but he refused bec. he told me that it is already too late for that. He told me that better, if I want to marry and sponsor him outside canada, of course in our country.

My questions are:

a) if we got marry and l apply for spousal sponsorship is there will be a problem on my application since he was deported from Canada?
b) how long is the normal processing?
c) also, he had fight with his co worker and not intentionally wounded the other worker but it was not his fault he just defend himself. He stayed in jail overnight and released the next day. Is it considered criminal offense and is there will be problem in my application to process for spousal sponsorship on this situation
d) lastly, can he will be permitted to enter again in Canada even if he was deported?

Thanks and i hope you can help and advise me if on this matter.

Have a nice day...

 

[life-of-love]

hi there, i think he is gonna be fine if you marry him in his country and apply for sponsorship to bring him to canada , the fight that has with his co-worker will not be an issue trust me , my friend passed from the same problem and he is back to canada . everybody has issues even the immigration themselves. loll. yeah if u marry him , absolutely will be no problem as long as if deportation was not from that problem with his co-worker , take it easy and hope the best to u guys , if u need more information you can message me here , good luck

 

[life-of-love]

need some advise for spousal sponsorship

I just wanna know if i am permanent residence and i wanna get married outside canada to bring my wife here , why do i need 5 years to be a permanent here , does not make sense , so i have to stay single apart from the lady that i love for 2 more year because i am already 3 years now , this is suck dudes, i just wanna know why exactly 5 years as i have already been sponsored before and iam a permanent residence in canada, what is the best way to bring the my baby here to canada , she is everything for me ..) please help..

 

[SchnookoLoly]

CIC's rules state clearly that if you're a Permanent Resident, you cannot sponsor anyone else until you have maintained your PR for 5 years.

This is because CIC wants to know that you're serious about living in Canada and establishing a life there. For example, let's say that Bob is married to Jane, and Jane is a Canadian Citizen. Jane sponsors Bob to become a Canadian PR and Bob's PR is granted.

Bob, however, has been having an affair with Lucy, who is not Canadian. Bob wanted to leave Jane, but Bob needed to get his PR. Now that he has his PR, he can leave Jane and sponsor Lucy to get her Canadian PR.

Lucy, however, is only with Bob for Canadian PR, and once hers is granted, she leaves Bob and sponsors Sam.

And on and on and on.

CIC has the 5-year rule to stop this sort of thing happening. Like everything, of course there are legitimate situations, like yours, where the rule ends up keeping the family apart, but CIC has to have the rule in place so that people can't take advantage of the system and start endless chains of sponsorship.

The 5 year rule means that for Bob, even if he leaves Jane, he can keep his PR, but he can't sponsor anyone else until he himself has been a PR for 5 years. After 5 years, CIC is satisfied that he actually has ties to Canada, wants to remain in Canada, and has built a life in Canada. Once those 5 years are up (and he's probably eligible, or close to being eligbile, for citizenship at that point) then he can sponsor someone else to come.

It also is a bit of a protection for Jane, the only Canadian citizen in this whole string. If Bob can't sponsor someone else for 5 years, then it makes Jane (and other Canadians) less open to be taken advantage of.

Hopefully that made sense... again, it does mean in some cases, like yours, that there's more separation, but CIC won't bend the rules because then others have the opening to take advantage.

 

[Rob_TO]

CIC's rules state clearly that if you're a Permanent Resident, you cannot sponsor anyone else until you have maintained your PR for 5 years.

I believe the 5-year rule applies ONLY to those that got their PR via spousal/partner sponsorship. So it's to prevent people from becoming PRs, getting a divorce, and then immediately sponsoring a new spouse.
http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp#five

If the OP got PR via child/parent or work or some other way, then the 5-year rule wouldn't apply.

Also this 5-year ban for spouse/partner sponsorship only started March 2, 2012. So if the application (not even PR itself) was submitted before this time, the 5-year ban is exempt even for spouse sponsors.

 

[Rob_TO]

b) how long is the normal processing?

It depends if you apply inland or outalnd, and if outland which visa office you are doing processing from.

c) also, he had fight with his co worker and not intentionally wounded the other worker but it was not his fault he just defend himself. He stayed in jail overnight and released the next day. Is it considered criminal offense and is there will be problem in my application to process for spousal sponsorship on this situation

This depends on how it will show up on the police record. I assume this was in Canada? Was he just held and then released with no charges being filed? If this is the case it should be no problem as there is no record. However if he was charged with something then it may be an issue.

He told me that better, if I want to marry and sponsor him outside canada, of course in our country

I believe that since you are a PR, as sponsor you must be physically in Canada to do the spouse/partner application.

 

[SchnookoLoly]

Yes, I had the rule slightly wrong - sorry, these things happen.

The rule only came into effect in March, I hadn't realised that.

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

Five-year Sponsorship Bar for persons who were sponsored to come to Canada as a spouse or partner

On March 2, 2012, changes to the eligibility requirements for sponsors came into force. These changes bar a previously-sponsored spouse or partner, from sponsoring a new spouse or partner within five years of becoming a permanent resident, 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 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
Definitions

Let's all calm down, no need to jump down my neck about it. Sheesh.

 

[Camz1126]

Hi I'm new to this forum , I need help regarding spousal sponsorship, I'm a PR of Canada from Philippines and I just got married last January 2016, and I'm planning to sponsor my husband, is their any annual income requirement that is needed in the application . thank you

 

[keesio]

Hi I'm new to this forum , I need help regarding spousal sponsorship, I'm a PR of Canada from Philippines and I just got married last January 2016, and I'm planning to sponsor my husband, is their any annual income requirement that is needed in the application . thank you

No specific income requirement. But CIC will want some kind of proof that you will be able to support him when he arrives so if you have some income, that would be good.

And you cannot be on welfare.