problem regarding five-years bar as a sponsor

[david3398]

I was sponsored as a spouse and became PR in 2011, and got divorced in 2013. I got re-married in 2014 Dec in Canada, and my wife's been staying with me in Canada ever since(she holds a valid student visa til 2016 Mar). We'have prepared all the Document for PR, but found out I may not be eligible as a sponsor due to this five-years bar. Anybody run into the same situation like me? how to work it out, or there is no way to take care of this issue. Thank you in advance for any helpful reply!

 

[scylla]

There is no way around the 5 year ban. You will have to wait five years from the time you landed in 2011 and became a PR before you will be able to submit an application to sponsor your new spouse.

 

[david3398]

There is no way around the 5 year ban. You will have to wait five years from the time you landed in 2011 and became a PR before you will be able to submit an application to sponsor your new spouse.

Thank u for the advice.

 

[zocanada]

well here it goes again i have the same situation i called cic call centre 3 times and i went to the local service canada they all agree i can apply since this new law onlly applies to whoever applied after after the law u can private message me and we can help each other as here on these discussion forum everybody says whatever

 

[Applechunks]

CIC says this:

The amendment, which came into force on March 2, 2012 upon registration, bars a previously-sponsored spouse or partner, from sponsoring a spouse or partner within five years of becoming a PR 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 regulatory amendment coming into force - Not subject to the 5-year sponsorship bar regardless of date sponsor became a PR
Sponsorship application received on or following the day the regulatory amendment came into force Subject to the 5-year sponsorship bar

If you were sponsored in 2011 OP then it would appear that the 5 year ban does not apply to you.

 

[MilesAway]

CIC says this:

The amendment, which came into force on March 2, 2012 upon registration, bars a previously-sponsored spouse or partner, from sponsoring a spouse or partner within five years of becoming a PR 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 regulatory amendment coming into force - Not subject to the 5-year sponsorship bar regardless of date sponsor became a PR
Sponsorship application received on or following the day the regulatory amendment came into force Subject to the 5-year sponsorship bar

If you were sponsored in 2011 OP then it would appear that the 5 year ban does not apply to you.

It refers to the current sponsorship application, so the one they would try to submit now, which would be received after the bar came into force, regardless of the date the OP became a PR.

If the ban did work the way you wrote, then it would not actually come into force until 2017, which doesn't make a lot of sense.

 

[Applechunks]

It refers to the current sponsorship application, so the one they would try to submit now, which would be received after the bar came into force, regardless of the date the OP became a PR.

If the ban did work the way you wrote, then it would not actually come into force until 2017, which doesn't make a lot of sense.

I copied and pasted directly from CIC website. The way I read this bulletin is that anybody who is a sponsored person after March 2nd 2012 will immediately have this 5 year bar applied and anybody sponsored prior to that will not....unless they lose their PR status and are sponsored again after that date. In which case the 5 year bar will be applied immediately.

 

[Martin29]

Conditional PR and 5 years sponsorship bar is only for people who got PR by spousal sponsorship after Oct 2012.