spousal sponsorship under subsection 13(1) of the act

[vic123d]

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.
what is subsection 13(1) of the act?

 

[Bornlucky]

https://laws.justice.gc.ca/eng/acts/i-2.5/page-3.html

 

[vic123d]

https://laws.justice.gc.ca/eng/acts/i-2.5/page-3.html

Sponsorship of foreign nationals

• 13 (1) A Canadian citizen or permanent resident, or a group of Canadian citizens or permanent residents, a corporation incorporated under a law of Canada or of a province or an unincorporated organization or association under federal or provincial law — or any combination of them — may sponsor a foreign national, subject to the regulations.
• is it correct?
• i am asking it because : what about that person who became permanent resident along with their spouse. example: husband went to canada on work permit , then he applied for his permanent residency and also mentioned the name of his spouse on PR application. then they both got pr at same time. now spouse moved to canada and after sometime they got divorced. so now they want to sponsor someone else after marrying them. will sponsorship bar apply in this case?

 

[Bornlucky]

Sponsorship of foreign nationals

• 13 (1) A Canadian citizen or permanent resident, or a group of Canadian citizens or permanent residents, a corporation incorporated under a law of Canada or of a province or an unincorporated organization or association under federal or provincial law — or any combination of them — may sponsor a foreign national, subject to the regulations.
• is it correct?
• i am asking it because : what about that person who became permanent resident along with their spouse. example: husband went to canada on work permit , then he applied for his permanent residency and also mentioned the name of his spouse on PR application. then they both got pr at same time. now spouse moved to canada and after sometime they got divorced. so now they want to sponsor someone else after marrying them. will sponsorship bar apply in this case?

Hello,

IRPA 13(1) is the governing legislation and as mentioned, this ability to sponsor is regulated so your answer lies within the Regulations.

I don't know what the Regulations say about your situation.

 

[vic123d]

Hello,

IRPA 13(1) is the governing legislation and as mentioned, this ability to sponsor is regulated so your answer lies within the Regulations.

I don't know what the Regulations say about your situation.

initially husband and wife were not PR. they married in 2018 in india. in 2019 husband went to canada on work permit. after completion of work permit he applied for his PR along with his wife as a dependent spouse. they both got PR when application was approved.then wife also moved to canada. now they are divorced. can they marry someone and sponsor them ? will sponsorship bar apply?

 

[Bornlucky]

initially husband and wife were not PR. they married in 2018 in india. in 2019 husband went to canada on work permit. after completion of work permit he applied for his PR along with his wife as a dependent spouse. they both got PR when application was approved.then wife also moved to canada. now they are divorced. can they marry someone and sponsor them ? will sponsorship bar apply?

I don't know but I don't see why they could not remarry and sponsor someone as it would be the first sponsorship for either of them.

 

[vic123d]

I don't know but I don't see why they could not remarry and sponsor someone as it would be the first sponsorship for either of them.

yes thats what i am asking. its not clear .

 

[armoured]

yes thats what i am asking. its not clear .

It is clear and answered in your other thread.

 

[scylla]

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.
what is subsection 13(1) of the act?

Your question was already answered.

 

[YVR123]

initially husband and wife were not PR. they married in 2018 in india. in 2019 husband went to canada on work permit. after completion of work permit he applied for his PR along with his wife as a dependent spouse. they both got PR when application was approved.then wife also moved to canada. now they are divorced. can they marry someone and sponsor them ? will sponsorship bar apply?

Just ask!
Yes. Since none of them sponsored or got sponsored before. They can sponsor a new spouse.

 

[YVR123]

yes thats what i am asking. its not clear .

It's very clear and have been answered.

 

[YVR123]

It is clear and answered in your other thread.

I just looked at the discussions and OP got the answer many times already.

OP, if you still think that you were sponsored or sponsored someone, then just wait 3 - 5 years before you sponsor your new spouse.

 

[vic123d]

I just looked at the discussions and OP got the answer many times already.

OP, if you still think that you were sponsored or sponsored someone, then just wait 3 - 5 years before you sponsor your new spouse.

ok , i m sorry. thank u