Sponsership to second wife

[Bgill]

Any help would be appriciated!

my brother’s wife was on work permit and have sponsered my brother for work permit visa. My brother came in canada on work permit in 03/2022.
My brother’s wife was living in Yukon and apllied express entry PR with PNP(province nomination program) and declared my brother as Dependent in PR application. They both got PR in 08/2022.
Their relationship was not good and they got devorced 09/2023.
Now my brother wants to narriage again so we are not sure about sponsership restriction if their is any for his case..
1. If he marry in native country(India). Can he sponsership immidately? Or he have to wait for 5 years for sponsership his second wife?
We have consulted with immigartion consultant but they have different words..
Some say he have 5 year restriction he can’t sponsership till 5 years because his first wife sponsered him. And now he have to wait for 5 year for sponsership.
But some consultant says he have no restriction as his PR came through Express entry even thoug he was Depend on PR file/applicationbut it still consider express entry PR. And express entry PR have no time restriction to sponsership second wife.
We are confused which is true..please guide to answer if there is any restriction for his case or no …?

 

[Bgill]

Just mentioning here that some consultant says there is restriction only for those if wife have sponsered/apllied his PR after her PR. But as she applied same time his PR in express entry with PNP their is no restriction for this case( i mean no restriction forexpress entry even though he got PR as dependent)
Please help us tou clear which is true.

 

[scylla]

Any help would be appriciated!

my brother’s wife was on work permit and have sponsered my brother for work permit visa. My brother came in canada on work permit in 03/2022.
My brother’s wife was living in Yukon and apllied express entry PR with PNP(province nomination program) and declared my brother as Dependent in PR application. They both got PR in 08/2022.
Their relationship was not good and they got devorced 09/2023.
Now my brother wants to narriage again so we are not sure about sponsership restriction if their is any for his case..
1. If he marry in native country(India). Can he sponsership immidately? Or he have to wait for 5 years for sponsership his second wife?
We have consulted with immigartion consultant but they have different words..
Some say he have 5 year restriction he can’t sponsership till 5 years because his first wife sponsered him. And now he have to wait for 5 year for sponsership.
But some consultant says he have no restriction as his PR came through Express entry even thoug he was Depend on PR file/applicationbut it still consider express entry PR. And express entry PR have no time restriction to sponsership second wife.
We are confused which is true..please guide to answer if there is any restriction for his case or no …?

His first wife did not sponsor him. Anyone who says that doesn't have a strong understanding of Canada's immigration rules.

He can sponsor his new spouse immediately after marriage. Since he wasn't sponsored as a spouse through family sponsorship the 5 year rule does not apply.

 

[Bgill]

His first wife did not sponsor him. Anyone who says that doesn't have a strong understanding of Canada's immigration rules.

He can sponsor his new spouse immediately after marriage. Since he wasn't sponsored as a spouse through family sponsorship the 5 year rule does not apply.

His first wife did not sponsor him. Anyone who says that doesn't have a strong understanding of Canada's immigration rules.

He can sponsor his new spouse immediately after marriage. Since he wasn't sponsored as a spouse through family sponsorship the 5 year rule does not apply.

Thanks Scylla!!
Some says whenn he came into canada his wife sponsered him that time for work permit visa so 5 years restriction still apply on him..is that true or not. Or they only see how he got/applied PR so restrion does not apply kn him?
And is there any web link/document that explain this. Trying hard to find but have not got a luck.please share if you know any link or document that explains that.

 

[YVR123]

Thanks Scylla!!
Some says whenn he came into canada his wife sponsered him that time for work permit visa so 5 years restriction still apply on him..is that true or not. Or they only see how he got/applied PR so restrion does not apply kn him?
And is there any web link/document that explain this. Trying hard to find but have not got a luck.please share if you know any link or document that explains that.

As replied earlier, NO, he wasn't sponsored by his ex-wife. So there is NO restriction. IRCC knows what route he obtained his PR, so yes, that makes a difference between being part of a PR application (his case) or being sponsor by a PR/citizen as spouse. To further explain this, if someone is sponsored by his/her spouse, the sponsor will have undertaking of the applicant for 3 years. So the document is very clear and the sponsorship application have clear wordings on this undertaking. He and his ex-wife were in 1 single PR application together. There was NO undertaking nor sponsorship.

There is no weblink to "explain this". There is only information on the restriction. There is no IRCC formal website to show that there is "no restriction" otherwise.

 

[scylla]

Thanks Scylla!!
Some says whenn he came into canada his wife sponsered him that time for work permit visa so 5 years restriction still apply on him..is that true or not. Or they only see how he got/applied PR so restrion does not apply kn him?
And is there any web link/document that explain this. Trying hard to find but have not got a luck.please share if you know any link or document that explains that.

Again, he wasn't sponsored. If a consultant is telling you he was sponsored, they are incompetent and should find a new line of work.

The rules are on the IRCC website. I don't have time to find the link right now.

 

[scylla]

Thanks Scylla!!
Some says whenn he came into canada his wife sponsered him that time for work permit visa so 5 years restriction still apply on him..is that true or not. Or they only see how he got/applied PR so restrion does not apply kn him?
And is there any web link/document that explain this. Trying hard to find but have not got a luck.please share if you know any link or document that explains that.

Here's the link. Took me all of five seconds to find: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-assessing-sponsor/details-sponsorship-bars-family.html

 

[canuck78]

Did they live together in the Yukon? The wording implies that they did not live together in Canada at least part of the time. Did they ever live together in Canada?

 

[Bgill]

Did they live together in the Yukon? The wording implies that they did not live together in Canada at least part of the time. Did they ever live together in Canada?

Yes, they lived together in yukon for few months.they had received their PR when theyvwere together. And when they fighted each other almost every day and then they started lived seprately in yukon.
Is that living matter/chabge in sponsership restriction anyway?

 

[forevermore76]

There's no such thing as sponsoring for work permit unless it's an employer-employee relationship.

 

[canuck78]

Yes, they lived together in yukon for few months.they had received their PR when theyvwere together. And when they fighted each other almost every day and then they started lived seprately in yukon.
Is that living matter/chabge in sponsership restriction anyway?

That of course could bring more scrutiny when it comes to another sponsorship especially if it was a relatively new marriage.

 

[Bgill]

Is there any difference if he git his PR

That of course could bring more scrutiny when it comes to another sponsorship especially if it was a relatively new marriage.

is that any difference if he got PR as dependent through express entry. As on PR file his ex wife added him as Dependent. So there is no 5 years sponser restriction on him..right?

 

[canuck78]

Is there any difference if he git his PR

is that any difference if he got PR as dependent through express entry. As on PR file his ex wife added him as Dependent. So there is no 5 years sponser restriction on him..right?

There is no limit on the ability to sponsor but given that there seems to be a small amount of time living together, separation soon after PR and application for sponsorship relatively quickly it would make sense to face more scrutiny. Scrutiny doesn’t mean denial.