Sponsoring second wife

[V1612]

Hello there, I’m gonna try to explain this the best way so you guys can understand this case.
this happened inside Canada
My friend, a Canadian citizen married his girlfriend in 2012 she got her PR in 2015 they are getting divorced now, they say around 2 more weeks so they get the paper that says they are officially divorced so here comes the thoug part, my friend went to Colombia and met this girl they fell in love and he wants to sponsor her now. Can he do that? Can he marry her right after he gets divorced and start the process for sponsorship?
I would really appreciate your opinions, my friend is struggling with this, since he obviously wants to have her in Canada as soon as possible, although he knows it’s not gonna be easy, as a first step he wishes to know the right thing to do.

 

[KBH]

Assuming he previously sponsored his soon-to-be ex wife, he needs to wait five years to be able to sponsor anyone else.

 

[JulianaAndrew]

Also keep in mind that this situation would probably raise concerns for the immigration officer. A case like this would most likely require an interview, specially given she is from Colombia and it is a second marriage and a second sponsorship.

 

[jordo]

Your friend would probably avoid creating red flags in the 2nd marriage if some time was allowed to pass or to the casual observer it would look like a marriage of convenience.

I have also married twice and sponsored twice. There were no interview for the 2nd sponsorship but the timings and the relationship proofs and support from friends and family on both sides that we were able to gradually build up probably was why we had no issues. When my wife lands and becomes a PR this month, it will be about 10 years since my first wife got PR.

 

[mikeymyke]

Assuming he previously sponsored his soon-to-be ex wife, he needs to wait five years to be able to sponsor anyone else.

No that rule only applies to those who were sponsored

Your friend is free to remarry, however do note that his new wife's application will face greater scrutiny due to the fact he's attempting to sponsor another person

 

[jordo]

No that rule only applies to those who were sponsored

Your friend is free to remarry, however do note that his new wife's application will face greater scrutiny due to the fact he's attempting to sponsor another person

Actually, the rule is 3 years.

Who can’t become a sponsor
You can’t be a sponsor if you:

• have failed to pay:
  • an immigration loan
  • a performance bond
  • family support payments
• have failed to provide for the basic needs of a previously-sponsored relative who received social assistance
• are under a removal order
• are in a penitentiary, jail, reformatory or prison
• receive social assistance for a reason other than a disability
• are still going through the process of bankruptcy (undischarged bankruptcy)
• were sponsored by a spouse or partner and you became a permanent resident less than five years ago
• sponsored a previous spouse or partner and three years have not passed since this person became a permanent resident have already applied to sponsor your current spouse, partner or child and a decision on your application hasn’t been made yet were convicted of a violent or sexual offence, or an offence that caused bodily harm to a relative—or you attempted or threatened to commit any of these offences

 

[V1612]

Thanks guys, so.. so far what I understand is: the rule is 3 years counting from the moment his first wife got her PR and they have to allow some time between the previous relationship so It doesn’t look like it’s a marriage of convenience.

 

[KBH]

Actually, the rule is 3 years.

Who can’t become a sponsor
You can’t be a sponsor if you:

• have failed to pay:
  • an immigration loan
  • a performance bond
  • family support payments
• have failed to provide for the basic needs of a previously-sponsored relative who received social assistance
• are under a removal order
• are in a penitentiary, jail, reformatory or prison
• receive social assistance for a reason other than a disability
• are still going through the process of bankruptcy (undischarged bankruptcy)
• were sponsored by a spouse or partner and you became a permanent resident less than five years ago
• sponsored a previous spouse or partner and three years have not passed since this person became a permanent resident have already applied to sponsor your current spouse, partner or child and a decision on your application hasn’t been made yet were convicted of a violent or sexual offence, or an offence that caused bodily harm to a relative—or you attempted or threatened to commit any of these offences

Whoops, you're right, I got the 3 year and 5 year rule mixed up.

 

[Miraclejj]

Thanks guys, so.. so far what I understand is: the rule is 3 years counting from the moment his first wife got her PR and they have to allow some time between the previous relationship so It doesn’t look like it’s a marriage of convenience.

No, the rule says that you have to wait 3 years to be able to sponsor another spouse, common law or conjugal partner. The marriage of convenience is a totally different issue. And if your friend rushes in to sponsor his wanna be second wife, right after his divorce, he should expect a hefty scrutinizing on his relationship with second wife, and it will most certainly be initially treated as marriage of convenience.

 

[VUPtoYOW]

Also keep in mind that this situation would probably raise concerns for the immigration officer. A case like this would most likely require an interview, specially given she is from Colombia and it is a second marriage and a second sponsorship.

If you are sponsoring someone from Colombia, the principal applicant most likely has to attend an interview?

 

[JulianaAndrew]

If you are sponsoring someone from Colombia, the principal applicant most likely has to attend an interview?

No, but in this situation, it would be very probable. People from Colombia would generally gain a lot by immigrating to Canada, as the standard of living here isn't as high as in Canada. That makes it a country with a higher risk of fraud than let's say the U.S or the U.K. With a weak case like this, an interview would be guaranteed, basically.

 

[Wakki]

Thanks guys, so.. so far what I understand is: the rule is 3 years counting from the moment his first wife got her PR and they have to allow some time between the previous relationship so It doesn’t look like it’s a marriage of convenience.

The 3 year rule simply implies your friend has to wait until 3 years from the date in 2015 when his first sponsored spouse became a PR before he could be eligible to sponsor again.

 

[V1612]

Thanks a lot everyone

 

[Wakki]

Thanks a lot everyone

The 5 year rule implies your friend must not have been sponsored as a spouse or partner and became a permanent resident less than five years ago.

Therefore, if your friend was sponsored by a spouse or partner for PR less than 5 years ago, he will be ineligible to sponsor.

This rule applies even if your friend got Canadian citizenship within those five years.

So there is the 3 year rule and the 5 year rule.

 

[jordo]

The 5 year rule implies your friend must not have been sponsored as a spouse or partner and became a permanent resident less than five years ago.

Therefore, if your friend was sponsored by a spouse or partner for PR less than 5 years ago, he will be ineligible to sponsor.

This rule applies even if your friend got Canadian citizenship within those five years.

So there is the 3 year rule and the 5 year rule.

Not sure why you're fixated on this 5 year rule when the OP clearly stated that the friend was a Canadian citizen who sponsored a spouse in 2015. IF the friend had himself been sponsored as a PR (who then made the path to citizenship), then it would be not relevant now as the first sponsorship would not have been approved if he did not meet the conditions for sponsoring the first time around.

The only rule in play regarding the time requirement between sponsorships is the 3 year rule. The friend would be eligible to sponsor a 2nd spouse on the 3 year anniversary of the date in 2015 that his ex wife got PR.... which would presumably be sometime this year - in 2018, once the Sponsorship Undertaking from the first sponsorship has expired.

The separate issue has nothing to do with sponsorship eligibility rules but of creating an appearance of a marriage of convenience. Yes, some people move on with their lives very quickly after a divorce, but the friend will need to have built the layers of evidence that would support a claim of a genuine relationship to the satisfaction of the Visa Officer.