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sponsorship undertaking after divorce

Yana

Hero Member
Nov 10, 2011
405
2
Category........
Visa Office......
london office
Job Offer........
Pre-Assessed..
App. Filed.......
05 april 2013
Doc's Request.
November 24, 2015
AOR Received.
sponsorship rejection in july 2013
Med's Request
November 24, 2015
Med's Done....
January 05, 2016
Interview........
waived
Passport Req..
february 19, 2016 and passport submitted on February 23, 2016
VISA ISSUED...
case refused on 18 sept 2014 won appeal on july 31, 2015
after divorce till how many years a person who were sponsored remain in sponsorship undertaking?
 

BCKev

Star Member
Nov 20, 2009
193
5
Category........
Visa Office......
Ottawa/Kiev
Job Offer........
Pre-Assessed..
App. Filed.......
16-01-2010
Doc's Request.
02-08-2013
AOR Received.
13-12-2013
File Transfer...
06-02-2014
Med's Request
26-06-2014
Med's Done....
25-07-2014
Passport Req..
25-09-2014
VISA ISSUED...
03-10-2014
LANDED..........
22-11-2014
My understanding is that the undertaking is for a period of three years, starting on the date of landing. Divorce has no effect on the length of the undertaking.
 

Yana

Hero Member
Nov 10, 2011
405
2
Category........
Visa Office......
london office
Job Offer........
Pre-Assessed..
App. Filed.......
05 april 2013
Doc's Request.
November 24, 2015
AOR Received.
sponsorship rejection in july 2013
Med's Request
November 24, 2015
Med's Done....
January 05, 2016
Interview........
waived
Passport Req..
february 19, 2016 and passport submitted on February 23, 2016
VISA ISSUED...
case refused on 18 sept 2014 won appeal on july 31, 2015
then y did they refused my application. mentioning the fact :
my case refused due to following reason:

133. (1) A sponsorship application shall only be approved by an officer if, on the day on which the application was filed and from that day until the day a decision is made with respect to the application, there is evidence that the sponsor
(g) subject to paragraph 137 (c) is not in default of
(i) any undertaking
 

MilesAway

Champion Member
Jul 26, 2012
1,760
69
Category........
Visa Office......
Warsaw
Job Offer........
Pre-Assessed..
App. Filed.......
15-09-2014
Doc's Request.
09-04-2015
AOR Received.
12-11-2014
File Transfer...
30-10-2014
Med's Done....
26-08-2014
Passport Req..
23-04-2015
VISA ISSUED...
07-05-2015
LANDED..........
04-06-2015
You'll need to give some more information.

When did you sponsor your previous spouse? When did he/she land? Did he/she collect welfare?
 

Yana

Hero Member
Nov 10, 2011
405
2
Category........
Visa Office......
london office
Job Offer........
Pre-Assessed..
App. Filed.......
05 april 2013
Doc's Request.
November 24, 2015
AOR Received.
sponsorship rejection in july 2013
Med's Request
November 24, 2015
Med's Done....
January 05, 2016
Interview........
waived
Passport Req..
february 19, 2016 and passport submitted on February 23, 2016
VISA ISSUED...
case refused on 18 sept 2014 won appeal on july 31, 2015
he sponsored in 2009 n she landed in
landed in feb 2010
she took welfare and my husband has paid the amount in full in feb 2014
 

MilesAway

Champion Member
Jul 26, 2012
1,760
69
Category........
Visa Office......
Warsaw
Job Offer........
Pre-Assessed..
App. Filed.......
15-09-2014
Doc's Request.
09-04-2015
AOR Received.
12-11-2014
File Transfer...
30-10-2014
Med's Done....
26-08-2014
Passport Req..
23-04-2015
VISA ISSUED...
07-05-2015
LANDED..........
04-06-2015
Did you send proof to the VO that the full amount was repaid?
 

Yana

Hero Member
Nov 10, 2011
405
2
Category........
Visa Office......
london office
Job Offer........
Pre-Assessed..
App. Filed.......
05 april 2013
Doc's Request.
November 24, 2015
AOR Received.
sponsorship rejection in july 2013
Med's Request
November 24, 2015
Med's Done....
January 05, 2016
Interview........
waived
Passport Req..
february 19, 2016 and passport submitted on February 23, 2016
VISA ISSUED...
case refused on 18 sept 2014 won appeal on july 31, 2015
yes first we sent the prrof to cic isb in feb 2014 then again in sept 2014 to london office
 

kickb

Hero Member
Jul 7, 2011
275
10
Category........
Visa Office......
new delhi
Job Offer........
Pre-Assessed..
App. Filed.......
20-08-2013
Doc's Request.
22-03-2014(PCC, Medicals & RPRF) 21-05-2014(Proof of Communication), Feb 10, 2015 background info(updated)
AOR Received.
30-08-2013
File Transfer...
18-03-2014
Med's Request
22-03-2014, Mar 05, 2015(Re-medicals)
Med's Done....
02-04-2014
Interview........
Inprocess - Nov 07, 2014, Dec. Made: Jul 03, 2015
VISA ISSUED...
Jun 29, 2015
Yana said:
yes first we sent the prrof to cic isb in feb 2014 then again in sept 2014 to london office
one can not sponsor the spouse with in 5 years of sponsorship. i mean, first wife was sponsored in 2009 and landed in 2010. from 2010 for the next 5 years he can not sponsor the spouse again. i.e., second wife. So he is not eligible to sponsor you till 2015 feb. Sorry but thats what the rule says. there is 5 years ban on sponsorship once you sponsor a wife. i.e., there should be 5 years gap between each sponsorship of spouse. correct me if i am wrong.
 

scylla

VIP Member
Jun 8, 2010
95,883
22,134
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
kickb said:
one can not sponsor the spouse with in 5 years of sponsorship. i mean, first wife was sponsored in 2009 and landed in 2010. from 2010 for the next 5 years he can not sponsor the spouse again. i.e., second wife. So he is not eligible to sponsor you till 2015 feb. Sorry but thats what the rule says. there is 5 years ban on sponsorship once you sponsor a wife. i.e., there should be 5 years gap between each sponsorship of spouse. correct me if i am wrong.
You've misunderstood the rules. The five years doesn't apply to this case. The 5 years applies when someone was sponsored as a spouse to Canada and now wants to sponsor a new/different spouse to Canada themselves.
 

kickb

Hero Member
Jul 7, 2011
275
10
Category........
Visa Office......
new delhi
Job Offer........
Pre-Assessed..
App. Filed.......
20-08-2013
Doc's Request.
22-03-2014(PCC, Medicals & RPRF) 21-05-2014(Proof of Communication), Feb 10, 2015 background info(updated)
AOR Received.
30-08-2013
File Transfer...
18-03-2014
Med's Request
22-03-2014, Mar 05, 2015(Re-medicals)
Med's Done....
02-04-2014
Interview........
Inprocess - Nov 07, 2014, Dec. Made: Jul 03, 2015
VISA ISSUED...
Jun 29, 2015
scylla said:
You've misunderstood the rules. The five years doesn't apply to this case. The 5 years applies when someone was sponsored as a spouse to Canada and now wants to sponsor a new/different spouse to Canada themselves.
Here the sponsor has sponsored his first wife in 2009 who landed in 2010. and he is again sponsoring his other wife in 2014 as he got separated with first wife. so doesn't 5 year rule apply?
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
Yana said:
he sponsored in 2009 n she landed in
landed in feb 2010
she took welfare and my husband has paid the amount in full in feb 2014
His undertaking for her didn't end until Feb 2013. It doesn't matter if they divorced before then; he was still responsible for her and for the welfare she claimed up until Feb 2013.


kickb said:
Here the sponsor has sponsored his first wife in 2009 who landed in 2010. and he is again sponsoring his other wife in 2014 as he got separated with first wife. so doesn't 5 year rule apply?
No. The 5 year rule applies to the person that was sponsored, not to the sponsor.
 

scylla

VIP Member
Jun 8, 2010
95,883
22,134
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
canuck_in_uk said:
No. The 5 year rule applies to the person that was sponsored, not to the sponsor.
Exactly.
 

kickb

Hero Member
Jul 7, 2011
275
10
Category........
Visa Office......
new delhi
Job Offer........
Pre-Assessed..
App. Filed.......
20-08-2013
Doc's Request.
22-03-2014(PCC, Medicals & RPRF) 21-05-2014(Proof of Communication), Feb 10, 2015 background info(updated)
AOR Received.
30-08-2013
File Transfer...
18-03-2014
Med's Request
22-03-2014, Mar 05, 2015(Re-medicals)
Med's Done....
02-04-2014
Interview........
Inprocess - Nov 07, 2014, Dec. Made: Jul 03, 2015
VISA ISSUED...
Jun 29, 2015
canuck_in_uk said:
His undertaking for her didn't end until Feb 2013. It doesn't matter if they divorced before then; he was still responsible for her and for the welfare she claimed up until Feb 2013.


No. The 5 year rule applies to the person that was sponsored, not to the sponsor.
Thanks for correcting me.