Second marriage second sponsorship

[vinoxin]

Hello. I have read some previous "old" posts about this topic but would like to know if there is a more current/relevant answer.

Situation: my brother married and sponsored someone from China and she landed in 2011 (marriage was in 2008). It has now been 3 years since she landed but she had went back to China 2 years ago. They are now discussing divorce. After he divorce and decides to marry another wife also from China, is he allowed to sponsor new wife to Canada? Will there be any issues or concerns?

The reason I ask is that a friend told that new rules say that if you sponsor someone and divorce, that you would have to wait 5 years before you can sponsor another wife. So I want to know if the rule is 3 years or 5 years? And also want to know if he should expect any complications because he is sponsoring again another wife.

Thank you kindly for your time.

 

[scylla]

Your friend who told you there is a 5 year rule doesn't fully understand immigration laws. Yes - there is a 5 year rule. No - it doesn't apply to your brother. The three year rule applies to your brother. Provided it has been 3 years since his first spouse landed, he can sponsor a new spouse.

Since this is second sponsorship within a very short period of time, he should expect his second application will be scrutinized by CIC quite closely. I think there's likely a very good chance his new spouse will have to appear for an interview (which means longer processing times). He should provide as much supporting documentation as he can to show this second relationship is genuine.

 

[vinoxin]

Thank you scylla for the response. His first marriage didn't work out because his wife returned to China and they have grown apart. He is considering dating and likely someone from China is why I asked. Good to know that only the 3yr rule applies to him since that 3 years is up.

About the 5 year rule; is this rule then applicable to his wife whom he sponsored? How does this 5 year rule work? Does it apply to her based on her date of landing or the date of their divorce? Thanks.

 

[scylla]

Thank you scylla for the response. His first marriage didn't work out because his wife returned to China and they have grown apart. He is considering dating and likely someone from China is why I asked. Good to know that only the 3yr rule applies to him since that 3 years is up.

About the 5 year rule; is this rule then applicable to his wife whom he sponsored? How does this 5 year rule work? Does it apply to her based on her date of landing or the date of their divorce? Thanks.

Yes - the 5 year rule applies to his wife (not to him). It applies to her as of the date she landed in Canada and became a PR.

 

[truesmile]

That may be the correct explanation of the 5 year ban but it doesn't even apply to her in this case. She landed in 2011, which means her application was received long before the date the new legislation took effect, March 2, 2012.

 

[little_apple]

Your friend who told you there is a 5 year rule doesn't fully understand immigration laws. Yes - there is a 5 year rule. No - it doesn't apply to your brother. The three year rule applies to your brother. Provided it has been 3 years since his first spouse landed, he can sponsor a new spouse.

Since this is second sponsorship within a very short period of time, he should expect his second application will be scrutinized by CIC quite closely. I think there's likely a very good chance his new spouse will have to appear for an interview (which means longer processing times). He should provide as much supporting documentation as he can to show this second relationship is genuine.

My spouse was married to a Swiss woman and sponsored here for PR. She landed in Canada in 2009 and left Canada again in 2010. They officially split up in 2011 and got divorced in 2012. 3 months later I moved in with him and exactly 12 months later we applied as common-law.

Couldn't find any note regarding his first marriage or any doubt of our relationship in my GCMS notes

 

[little_apple]

Thank you scylla for the response. His first marriage didn't work out because his wife returned to China and they have grown apart. He is considering dating and likely someone from China is why I asked. Good to know that only the 3yr rule applies to him since that 3 years is up.

About the 5 year rule; is this rule then applicable to his wife whom he sponsored? How does this 5 year rule work? Does it apply to her based on her date of landing or the date of their divorce? Thanks.

The 5 year rule applies to the sponsored person who is not able to sponsor a new spouse for the 5 years after he/she landed.

The 3 year rule applies to the sponsor who is not able to sponsor a new spouse within the 3 years after his/her first spouse landed

 

[scylla]

That may be the correct explanation of the 5 year ban but it doesn't even apply to her in this case. She landed in 2011, which means her application was received long before the date the new legislation took effect, March 2, 2012.

Yes - very good point.

 

[tiffphany23]

My spouse was married to a Swiss woman and sponsored here for PR. She landed in Canada in 2009 and left Canada again in 2010. They officially split up in 2011 and got divorced in 2012. 3 months later I moved in with him and exactly 12 months later we applied as common-law.

Couldn't find any note regarding his first marriage or any doubt of our relationship in my GCMS notes

I know its long ago. But could you share your timeline? Im in the same situation