sponsorship not valid until 5 years

[aashay12]

my wife sponsored me when we were in common law relationship.
We got the PR and now she is about to lose the PR, since she is not meeting the RO of 2 years out of 5
I am maintaining mine, thank god.
The law states if i was sponsored by the spouse or common law, i cannot file or her and that is crazy for 5 years.

You can’t be a sponsor if you:

were sponsored by a spouse or partner and you became a permanent resident less than five years ago.

what are the other options?

 

[zardoz]

my wife sponsored me when we were in common law relationship.
We got the PR and now she is about to lose the PR, since she is not meeting the RO of 2 years out of 5
I am maintaining mine, thank god.
The law states if i was sponsored by the spouse or common law, i cannot file or her and that is crazy for 5 years.

You can’t be a sponsor if you:

were sponsored by a spouse or partner and you became a permanent resident less than five years ago.

what are the other options?

If, in fact, you are barred from sponsorship under IRPR 130(3), the other alternative is an H&C application.

 

[scylla]

my wife sponsored me when we were in common law relationship.
We got the PR and now she is about to lose the PR, since she is not meeting the RO of 2 years out of 5
I am maintaining mine, thank god.
The law states if i was sponsored by the spouse or common law, i cannot file or her and that is crazy for 5 years.

You can’t be a sponsor if you:

were sponsored by a spouse or partner and you became a permanent resident less than five years ago.

what are the other options?

It looks like you and your wife obtained PR together through FSW. Is that right? If so, then she did not sponsor you - you were a dependent in her application. The 5 year ban does not apply to you.

 

[aashay12]

Scylla,

Yes, you are right, i was the dependent under FSW.
But when on the CIC website, it says I can't be the sponsorer till 5 years.
I have checked the current updated website by CIC ad all it's says....


You can’t be a sponsor if you:

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
are in default of a previous sponsorship undertaking, an immigration loan, a performance bond or family support payments
are still going through the process of bankruptcy (undischarged bankruptcy)
receive social assistance for a reason other than a disability
were convicted of a violent or sexual offence, an offence that caused bodily harm to a relative or you attempted or threatened to commit any of these offences
are in a penitentiary, jail, reformatory or prison
are under a removal order
have already applied to sponsor your current spouse, partner or child and a decision on your application hasn’t been made yet.



Who can become a sponsor
You can become a sponsor if you are:

a Canadian citizen, a person registered in Canada as an Indian under the Canadian Indian Act or a permanent resident
at least 18 years old
living in Canada:
If you are a Canadian citizen living outside Canada, you must show that you plan to live in Canada when your sponsored relative becomes a permanent resident.
You can’t sponsor someone if you are a permanent resident living outside Canada
If you live in Quebec, you must also meet Quebec’s conditions to be a sponsor.
able to prove that you have enough income to provide basic needs for your spouse or partner’s dependent children. You must submit documents showing your financial resources for the past 12 months only if the spouse or partner you are sponsoring has a grandchild who is coming with them (see subsection 1(3) of the IRPR for more details).

 

[aashay12]

Scylla,

We applied in 2011, so you are saying the following does not apply to us.

Operational Bulletin 386 (modified) – March 2, 2012
Five-year Sponsorship Bar for persons who were sponsored to come to Canada as a spouse or partner
Summary

A regulatory amendment bars a person who has been sponsored as a spouse or partner, from sponsoring a spouse or partner for a five-year period.

Issue

The purpose of this Operational Bulletin (OB) is to inform officers of the regulatory amendment to section 130 of the Immigration and Refugee Protection Regulations (IRPR) that bars, for a five-year period, a sponsored spouse or partner from sponsoring a spouse or partner.

Background

One of the objectives of the Immigration and Refugee Protection Act (IRPA) is to facilitate family reunification. As such, Canadian citizens and permanent residents (PRs) may sponsor their spouse or partner as a Canadian PR. Spousal sponsorship requires an undertaking of financial responsibility for a spouse or partner for three years. If the relationship breaks down, the sponsor remains financially responsible until the end of the three-year undertaking period, irrespective of the causes of the breakdown. As well, a sponsor may not sponsor a subsequent spouse or partner for the duration of the undertaking.

Spousal sponsorship is open to abuse when individuals enter into non-bona fide relationships in order to obtain status in Canada. The primary intent of the amendments is to create a disincentive for a sponsored spouse or partner to use a relationship of convenience as a means of circumventing Canada’s immigration laws, abandoning their sponsor soon after becoming a PR, then seeking to sponsor a spouse or partner.

The amendment to section 130 of the IRPR describes new criteria that an individual must meet in order to sponsor a foreign national making an application for permanent residence as a member of the family class or the spouse or common-law partner in Canada class.

Amended Provision

It is important to note that there is no change to the existing regulation 117(9)(b) that states that a sponsor is ineligible to sponsor a spouse or partner, if the sponsor has an existing sponsorship undertaking (in respect of a previous spouse or partner) and the period of that undertaking has not ended.

The amended R130 includes a minor editorial change to subsection (2) and a new subsection (3) which provides for the five-year sponsorship bar.

A technical amendment was made to subsection 3 on June 10, 2015 to address an unintended consequence of amendments made to paragraph 130(3)(b) of the IRPR in 2012 that resulted in certain Canadian citizens, who were themselves sponsored as spouses, becoming ineligible to sponsor a subsequent spouse or partner.

Changes/additions are highlighted in BOLD and the new Regulation reads as follows:

Sponsor

130. (1) Subject to subsections (2) and (3), a sponsor, for the purpose of sponsoring a foreign national who makes an application for a permanent resident visa as a member of the family class or an application to remain in Canada as a member of the spouse or common-law partner in Canada class under subsection 13(1) of the Act, must be a Canadian citizen or permanent resident who

is at least 18 years of age;
resides in Canada; and
has filed a sponsorship application in respect of a member of the family class or the spouse or common-law partner in Canada class in accordance with section 10.
Sponsor not residing in Canada

(2) A sponsor who is a Canadian citizen and does not reside in Canada may sponsor a foreign national who makes an application referred to in subsection (1) and is the sponsor’s spouse, common-law partner, conjugal partner or dependent child who has no dependent children, if the sponsor will reside in Canada when the foreign national becomes a permanent resident.

Five-year requirement

(3) A sponsor who became a permanent resident or a Canadian Citizen after being sponsored as a spouse, common-law partner or conjugal partner under subsection 13(1) of the Act may not sponsor a foreign national referred to in subsection (1) as a spouse, common-law partner or conjugal partner, unless the sponsor has been a permanent resident, or a Canadian Citizen, or a combination of the two, for a period of at least five years immediately preceding the day on which a sponsorship application referred to in paragraph (1)(c) is filed by the sponsor in respect of the foreign national.

Implications

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 (prior to March 2, 2012) Not subject to the five-year sponsorship bar regardless of date sponsor became a PR
Sponsorship application received on or following the day the regulatory amendment came into force (on or after March 2, 2012) Subject to the five-year sponsorship bar
The technical amendment to subsection 130(3) of the IRPR comes into force on June 10, 2015, and rectifies the unintended consequence of the previous amendment's wording by ensuring that persons who became Canadian citizens after being sponsored as spouses or partners are not barred from sponsoring a new spouse, if they have maintained permanent resident status, citizenship status, or a combination of both, for a minimum of five years after having obtained permanent resident status.

The technical amendment applies to all applications received on or after March 2, 2012, that are pending on the day the regulation comes into force (June 10, 2015) and to applications received after that day.

Further information

The following operational manuals will be updated:

IP 2 – Processing Applications to Sponsor Members of the Family Class
IP 8 – Spouse and Common-law partner in Canada Class
OP 2 – Processing Members of the Family Class
OP 24 – Overseas Processing of Family Members of In-Canada Applicants for Permanent Residence
Report a problem or mistake on this page
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Date Modified: 2015-07-06

 

[MilesAway]

Correct, you were not sponsored as a spouse. You were included as a dependent, therefore you are not included in that rule.

 

[scylla]

Again, you weren't sponsored. You were a dependent in an application.

 

[aashay12]

I was the dependent because she filed for me at the same time.
And my application was sent out before 2nd march 2012 to CIC.

Please correct me if I am wrong

 

[zardoz]

I was the dependent because she filed for me at the same time.
And my application was sent out before 2nd march 2012 to CIC.

Please correct me if I am wrong

Please try to understand.

1) you were NOT "sponsored".
2) therefore the application date is irrelevant.

"Sponsorship" is not applicable in FSW applications.

 

[aashay12]

Thanks forum.

 

[F-Ray]

i was reading this post and therefore, few informations i got from different sources and opinions.

However, for myself i am still trying to figure out what this law specifically talk about and so far my personal understanding about this law can be wrong too.

Please read this as an open discussion and feedback will be highly appreciated

So let's start

At first, let's assume a person is a sponsored spouse from previous husband or wife and his or her application as a sponsored spouse was received before march 2012 to CIC and later in March 2013 he or she got PR.

and in 2015 first marriage ended and a person moved on his or her life and again married someone later in 2016 and want to sponsor new spouse.


First question is am i eligible to sponsor or not? and do i fall under 5 year ban or not so let's take it step by step.


Because before submitting an application to sponsor someone is to check person's eligibility.

So let's open the guide 5525 to check. link is giving below.
http://www.cic.gc.ca/english/information/applications/guides/5525ETOC.asp#spouse

and see "Read more about eligibility requirements in the Complete Guide." link is given below
http://www.cic.gc.ca/english/information/applications/guides/5289ETOC.asp#eligibility


Are you eligible to sponsor?

To sponsor, you must…

be a Canadian citizen, a person registered in Canada as an Indian under the Canadian Indian Act or permanent resident,
be 18 years of age or older,
live in Canada or have proof, if you are a Canadian citizen living outside of Canada, that you will live in Canada after the sponsored person becomes a permanent resident,
sign an undertaking promising to provide for your family member’s basic needs and, if it applies to you, those of any dependent children,
If you live in Quebec, you must also meet Quebec’s conditions to be a sponsor,
prove that you have enough income to provide basic needs for your spouse or partner’s dependent children. This means meeting or exceeding a minimum necessary income, which is an amount published yearly by the Canadian government. You must submit documents showing your financial resources for the past 12 months only if the spouse or partner you are sponsoring has a grandchild who is coming with them (see subsection 1(3) of the Immigration and Refugee Protection Regulations (IRPR) for more information). You would not provide those documents to IRCC if you live in Quebec.

You may not be able to sponsor if you…

signed an undertaking for a previous spouse or partner and and it has not been three years since he or she became a permanent resident,
receive social assistance for a reason other than disability,
previously sponsored someone and did not pay back any social assistance that they received while the undertaking was in place.
are in default on an immigration loan or a performance bond
did not pay court-ordered alimony or child support
For more information. See Defaults below.
have declared bankruptcy which has not been discharged
were convicted of
an offence of a sexual nature,
a violent crime,
an offence against a relative that caused bodily harm or
threatened or attempted to commit any of the above offences—depending on the nature of the offence, how long ago it happened and if you received a pardon
For more information. See Sponsorship Bar for Violent Crime
were previously sponsored as a spouse, common-law or conjugal partner and became a permanent resident of Canada less than five years ago, For more information. See Five-year Sponsorship Bar
are under a removal order,
are in a penitentiary, jail, reformatory or prison,
have already applied to sponsor your current spouse or partner and haven’t received a decision.


simply click on the "see Five- year sponsorship bar" (keep in mind we are still looking a person's eligibility to sponsor someone or not). click the link below

http://www.cic.gc.ca/english/information/applications/guides/5289ETOC.asp#bar

Five-year sponsorship bar for people who were sponsored to come to Canada as a spouse or partner

If a spouse or partner sponsored you, you cannot sponsor a new spouse or partner within five years of becoming a permanent resident.
This rule applies even if you got your Canadian citizenship within those five years. Other members of the Family Class will not be affected by the rule change.

Spouses and partners sponsored before

Date IRCC got your sponsorship application (i believe the word "YOUR" indicate the previously sponsored spouse because next line still talk about eligibility to sponsor someone.

Are you eligible to sponsor someone?

Before March 2, 2012

The five-year sponsorship bar does not apply, no matter when you became a permanent resident.

On or after March 2, 2012

The five-year sponsorship bar applies. You cannot sponsor someone until you have been a permanent resident for five years.

Again, the key word here is "Are you eligible to sponsor someone? which means, it is still talking about person eligibility to sponsor someone or not in future.

now let's take into more detail and we will see the "Operational Bulletin 386 (modified) – March 2, 2012"

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

Scenarios for previously sponsored spouses/partners:

[size=10pt][size=10pt]Date of Sponsorship Application Eligibility to sponsor

Sponsorship application received prior to regulatory amendment
coming into force (prior to March 2, 2012) Not subject to the five-year sponsorship bar regardless of date
sponsor became a PR



Sponsorship application received on or following the day the regulatory
amendment came into force(on or after March 2, 2012) Subject to the five-year sponsorship bar.
[/size][/size]
On this OB there are two words which i think according to my understanding are still talking about person's eligibility to sponsor someone

First, this law specifically address to those people who been previously sponsored by their former spouse because the key word here is "previously sponsored spouses/partners" because there is no other sponsored person who are under this law so only one "who are previously sponsored as a spouses/partners".

Second, for further authentication for "previously sponsored as a spouses/partners" the key word still here is Eligibility TO sponsor.

which indicate that "i am as a sponsor and i am looking to my eligibility to sponsor someone in future.

Therefore, i think the word used in here is "TO" which refer to future applications eligibility not under process applications.

that's why i don't think it talk about other applications who are already submitted or are under process to sponsoring a new spouse at the time of this law come into force.


i hope i clear my point so please it is an open discussion and any thought or argument will be highly appreciated to discuss

Thanks

 

[scylla]

You fall under the 5 year ban. You cannot sponsor your new spouse until 5 years have passed since you landed in Canada and became a PR.

 

[F-Ray]

You fall under the 5 year ban. You cannot sponsor your new spouse until 5 years have passed since you landed in Canada and became a PR.

I agreed but if person application as a sponsored​ spouse received on or after March 2, 2012. Thats what the "OB 386" says.

However, i would really appreciate if you will.explain it HOW?

 

[scylla]

I agreed but if person application as a sponsored​ spouse received on or after March 2, 2012. Thats what the "OB 386" says.

However, i would really appreciate if you will.explain it HOW?

I'm not sure I understand your question.

The date YOU were sponsored doesn't matter. All that matters is the date you submit the application to sponsor your new spouse. When CIC talks about the application being receive - that's the application they are talking about (not the original application to sponsor you). Since you would be applying to sponsor your new spouse after the new rule came into effect, you have to wait until 2018 before you can submit the application to sponsor your new spouse since the 5 year ban applies to you.

 

[Rob_TO]

I'm not sure I understand your question.

The date YOU were sponsored doesn't matter. All that matters is the date you submit the application to sponsor your new spouse. When CIC talks about the application being receive - that's the application they are talking about (not the original application to sponsor you). Since you would be applying to sponsor your new spouse after the new rule came into effect, you have to wait until 2018 before you can submit the application to sponsor your new spouse since the 5 year ban applies to you.

Just to add, I believe there have been a few cases on this forum where people stated they were rejected under this exact situation.