Question about the 5 year clause after one gets sponsored

[gimmeThatPR]

Hi All,

I just wanted to confirm about that clause where a sponsored candidate cannot sponsor someone for next 5 years.

Does it apply to both the one sponsoring and the other being sponsored or just the one being sponsored.

Thanks

 

[marsiangal]

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

In my understanding it is just for the spouse/partner that was sponsored.

 

[gimmeThatPR]

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

In my understanding it is just for the spouse/partner that was sponsored.

Thanks marsiangal

 

[scylla]

The five years only applies to the applicant (person being sponsored).

However the sponsor cannot sponsor a new spouse / common law partner for three years after their current spouse / common law partner lands.

 

[marsiangal]

The five years only applies to the applicant (person being sponsored).

However the sponsor cannot sponsor a new spouse / common law partner for three years after their current spouse / common law partner lands.

Yes that makes sense because of the 3 year undertaking.

 

[gimmeThatPR]

The five years only applies to the applicant (person being sponsored).

However the sponsor cannot sponsor a new spouse / common law partner for three years after their current spouse / common law partner lands.

But in the eligibility it doesnot say that they cannot sponsor an other spouse if they already have one to be supported.

And would it apply irrespective of how much money is the sponsor making , I mean if their salary can actually support more than one person?

 

[CharlieD10]

An undertaking in effect for one spouse makes you ineligible to sponsor another spouse. It does not explicitly say so in the Regulations, however that is how the law has always been applied. It doesn't matter how much the sponsor makes. The sponsor has given an undertaking to the province and the federal government that the sponsored person will not become a charge on the public purse for their first three years in Canada. If you have not even fulfilled this undertaking in respect of one spouse, why should they allow you to give an undertaking for a second spouse?

In addition, consider how it looks to CIC if, within the space of less than three years, a sponsor brings one spouse to Canada, divorces same and promptly remarries (and most provinces require a separation period of at least a year before they will grant a divorce) someone else and applies to sponsor that person! How genuine does either of those relationships look? Section 4.1 is a disjunctive test now, it is even easier to be seen as running afoul of it.

 

[scylla]

An undertaking in effect for one spouse makes you ineligible to sponsor another spouse. It does not explicitly say so in the Regulations, however that is how the law has always been applied. It doesn't matter how much the sponsor makes.

100% agreed.

If someone is within the three years and tries to sponsor again - it's an automatic refusal.

 

[gimmeThatPR]

Makes sense! Thanks