Spousal sponsorship

[frege]

Hello,
I was sponsored to come to Canada by my ex now we are divorced and i got remarried to someone back home.....my five years will finish in few days however i became a Canadian citizen last month....does this law still effect me as I am a citizen now?Huh

If it does not then i am filling up application to sponsor,sponsorship agreement and undertaking (im1344). In that form what do i reply to question 5 in sponsor eligibility assessment?Huh?

any help will be greatly appreciated

You'll be ineligible to sponsor until the five years has elapsed. Wait to file until five years after you landed. There's no point applying now.

 

[cempjwi]

Hi All,

I posted a couple pages back but I think it got lost in the shuffle.

Can anyone tell me if I need to include my fiance's step-siblings from a marriage that just happened in June and whom he's never met? They're all over the age of 18 and I didn't see any place to put his step-father so I'm just wondering if they'll think it's weird to put step-siblings on?

Basically his mom just married some guy that we all barely know and have never met anyone from his family except him. My fiance doesn't consider him his father or consider the guy's kids his family, but will CIC think differently?

The following guide http://www.cic.gc.ca/english/information/applications/guides/3999Etoc.asp#family, requires the applicant to list step-siblings. Step-parents are not required to be listed:

Additional family information (IMM 5406)
Section C

Write personal details about your:
•brother(s)
•sister(s)
•half-brother(s) and half-sister(s)
•step-brother(s) and step-sister(s).

 

[cempjwi]

Hello,
I was sponsored to come to Canada by my ex now we are divorced and i got remarried to someone back home.....my five years will finish in few days however i became a Canadian citizen last month....does this law still effect me as I am a citizen now?Huh

If it does not then i am filling up application to sponsor,sponsorship agreement and undertaking (im1344). In that form what do i reply to question 5 in sponsor eligibility assessment?Huh?

any help will be greatly appreciated

If the application to sponsor you was received by CIC prior to March 2, 2012, you have no wait time to sponsor; otherwise, if it was received after that date, you are subject to the wait time, even if you became a citizen. This is because becoming a citizen does not change the fact the you were sponsored as a spouse/partner to come to Canada.

I am guessing that if your are saying that your five years will elapse soon, the application to sponsor you was done before March 2, 2012, which means that you would be, in fact, not subject to that wait period.

http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp

Five-year Sponsorship Bar for persons who were sponsored to come to Canada as a spouse or partner

On March 2, 2012, changes to the eligibility requirements for sponsors came into force. These changes bar a previously-sponsored spouse or partner, from sponsoring a new spouse or partner within five years of becoming a permanent resident, 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 March 2, 2012. Not subject to the 5-year sponsorship bar regardless of the date on which the sponsor became a permanent resident

Sponsorship application received on or following March 2, 2012 Subject to the 5-year sponsorship bar

 

[MizAngel]

The following guide, requires the applicant to list step-siblings. Step-parents are not required to be listed:

Additional family information (IMM 5406)
Section C

Write personal details about your:
•brother(s)
•sister(s)
•half-brother(s) and half-sister(s)
•step-brother(s) and step-sister(s).

Thanks! Gotta love confusing, blended families, lol.

 

[scylla]

If the application to sponsor you was received by CIC prior to March 2, 2012, you have no wait time to sponsor; otherwise, if it was received after that date, you are subject to the wait time, even if you became a citizen. This is because becoming a citizen does not change the fact the you were sponsored as a spouse/partner to come to Canada.

I am guessing that if your are saying that your five years will elapse soon, the application to sponsor you was done before March 2, 2012, which means that you would be, in fact, not subject to that wait period.

http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp

Five-year Sponsorship Bar for persons who were sponsored to come to Canada as a spouse or partner

On March 2, 2012, changes to the eligibility requirements for sponsors came into force. These changes bar a previously-sponsored spouse or partner, from sponsoring a new spouse or partner within five years of becoming a permanent resident, 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 March 2, 2012. Not subject to the 5-year sponsorship bar regardless of the date on which the sponsor became a permanent resident

Sponsorship application received on or following March 2, 2012 Subject to the 5-year sponsorship bar

You've misunderstood the rule. When his application was submitted by his ex to sponsor him doesn't matter. What matters is when HE submits the application to sponsor his new spouse. He will obviously be submitting the application after March 2, 2012 - therefore the 5 year rule applies.

 

[cempjwi]

You've misunderstood the rule. When his application was submitted by his ex to sponsor him doesn't matter. What matters is when HE submits the application to sponsor his new spouse. He will obviously be submitting the application after March 2, 2012 - therefore the 5 year rule applies.

The rule is clear. A person that was sponsored as a spouse before March 2nd 2012 is not subject to the a new sponsorship bar for 5 years. Only applicants (new PRs) that were sponsored on or after March 2nd 2012 will be barred from sponsoring someone else until 5 yrs have elapsed since they became a landed immigrant.

So actually, yes, the sponsorship that matters is the one submitted by the ex, not the application submitted for the new spouse. The sponsored person is now the sponsor. A sponsored ex-spouse can be the sponsor for a new spouse immediately as long as the sponsored ex-spouse sponsorship application was submitted before March 2nd, 2012.

On March 2, 2012, changes to the eligibility requirements for sponsors came into force. These changes bar a previously-sponsored spouse or partner, from sponsoring a new spouse or partner within five years of becoming a permanent resident, even if the sponsor acquired citizenship during that period. Other members of the family class will not be affected by the regulatory changes.

If the interpretation of the law you are using were to be applied, then a previously sponsored spouse could NEVER sponsor anyone. This is because for any date after March 2nd 2012 ALL new applications will have to wait 5yrs from that date, so that date in 5yrs will never happen.

Another way of seeing your interpretation would be that no one can sponsor before march 2nd 2017 because that is when the 5yrs years elapse after march 2nd 2012. This is also not correct.

This rule applies as of March 2, 2012 and it is not retroactive; that is, it only applies to intending sponsors who were themselves previously sponsored (previously sponsored on or after March 2nd 2012).

So, let's say Person A (Canadian Citizen) submits a sponsorship application for Person B on March 1st 2012. Person B landed on Dec 30th 2012. Person A and B divorced in July 2013. Person B can, in fact, sponsor a Person C any time.

However, let's say Person A (Canadian Citizen) submits a sponsorship application for Person B on March 2nd 2012. Person B landed on Dec 30th 2012. Person A and B divorced in July 2013. Person B cannot sponsor a Person C until 5yrs have elapsed since Dec 30th 2012. This is because Person B was sponsored on or after March 2nd 2012 and the 5yr bar to be a sponsor applies.

 

[computergeek]

The rule is clear. A person that was sponsored as a spouse before March 2nd 2012 is not subject to the a new sponsorship bar for 5 years. Only applicants (new PRs) that were sponsored on or after March 2nd 2012 will be barred from sponsoring someone else until 5 yrs have elapsed since they became a landed immigrant.

So actually, yes, the sponsorship that matters is the one submitted by the ex, not the application submitted for the new spouse. The sponsored person is now the sponsor. A sponsored ex-spouse can be the sponsor for a new spouse immediately as long as the sponsored ex-spouse sponsorship application was submitted before March 2nd, 2012.

On March 2, 2012, changes to the eligibility requirements for sponsors came into force. These changes bar a previously-sponsored spouse or partner, from sponsoring a new spouse or partner within five years of becoming a permanent resident, even if the sponsor acquired citizenship during that period. Other members of the family class will not be affected by the regulatory changes.

If the interpretation of the law you are using were to be applied, then a previously sponsored spouse could NEVER sponsor anyone. This is because for any date after March 2nd 2012 ALL new applications will have to wait 5yrs from that date, so that date in 5yrs will never happen.

Another way of seeing your interpretation would be that no one can sponsor before march 2nd 2017 because that is when the 5yrs years elapse after march 2nd 2012. This is also not correct.

This rule applies as of March 2, 2012 and it is not retroactive; that is, it only applies to intending sponsors who were themselves previously sponsored (previously sponsored on or after March 2nd 2012).

So, let's say Person A (Canadian Citizen) submits a sponsorship application for Person B on March 1st 2012. Person B landed on Dec 30th 2012. Person A and B divorced in July 2013. Person B can, in fact, sponsor a Person C any time.

However, let's say Person A (Canadian Citizen) submits a sponsorship application for Person B on March 2nd 2012. Person B landed on Dec 30th 2012. Person A and B divorced in July 2013. Person B cannot sponsor a Person C until 5yrs have elapsed since Dec 30th 2012. This is because Person B was sponsored on or after March 2nd 2012 and the 5yr bar to be a sponsor applies.

I respectfully disagree with your interpretation.

The correct reference here is OB386: http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob386.asp

The amendment, which came into force on March 2, 2012 upon registration, bars a previously-sponsored spouse or partner, from sponsoring a new 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.

I've already seen a case where this has bitten someone, in fact. A husband sponsored his wife for PR. She came to Canada and he ended up going back "home" and losing his PR due to failing to meet the residency obligation. She is barred from sponsoring him because she was herself sponsored within the past five years...

So my understanding is that CPC-M looks at the sponsor's landing date and if they were sponsored as a spouse/partner AND their landing date was less than 5 years ago, they are ineligible to sponsor.

 

[scylla]

I respectfully disagree with your interpretation.

The correct reference here is OB386: http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob386.asp

I've already seen a case where this has bitten someone, in fact. A husband sponsored his wife for PR. She came to Canada and he ended up going back "home" and losing his PR due to failing to meet the residency obligation. She is barred from sponsoring him because she was herself sponsored within the past five years...

So my understanding is that CPC-M looks at the sponsor's landing date and if they were sponsored as a spouse/partner AND their landing date was less than 5 years ago, they are ineligible to sponsor.

I'm with computergeek and stand by what I said earlier. I also agree that we've already seen a couple of cases on this forum where this rule was applied by CIC in alignment with computergeek's and my understanding of the law.

 

[scylla]

If the interpretation of the law you are using were to be applied, then a previously sponsored spouse could NEVER sponsor anyone. This is because for any date after March 2nd 2012 ALL new applications will have to wait 5yrs from that date, so that date in 5yrs will never happen.

No - that's not what I am saying at all.

What I am saying is this: When a sponsor submits an application to sponsor someone as their spouse/common law partner, CIC looks back five years from the time the application was received. If the sponsor was themselves sponsored as a spouse/common law partner -AND, they landed within the last 5 years - the application is refused. If the sponsor was themselves sponsored as a spouse/common law partner - BUT landed more than 5 years ago - the application is processed. That's how the law is applied.

 

[cempjwi]

No - that's not what I am saying at all.

What I am saying is this: When a sponsor submits an application to sponsor someone as their spouse/common law partner, CIC looks back five years from the time the application was received. If the sponsor was themselves sponsored as a spouse/common law partner -AND, they landed within the last 5 years - the application is refused. If the sponsor was themselves sponsored as a spouse/common law partner - BUT landed more than 5 years ago - the application is processed. That's how the law is applied.

You are missing the part where it says that if the person that was sponsored, who wants to now sponsor someone else, will be barred from sponsoring only if they were sponsored on or after March 2nd 2012. Anyone who was sponsored before March 2nd 2012 is NOT BARRED from sponsoring a new immigrant for any period of time. Only those sponsors that were sponsored on or after March 2nd 2012 will be barred from sponsoring unless they have been a PR for 5yrs.

Fun Fact: This means that currently (today) no PR that was sponsored after March 2nd 2012 could sponsor someone else because not PR sponsored after March 2nd 2012 could possibly have been a PR for 5yrs right now.

 

[computergeek]

Yes, CIC will look back to see if the sponsor was once sponsored to Canada. So, if the sponsor was sponsored through an application that was filed before March 2nd 2012, then CIC does not apply the bar and processes the new application. However, if the now sponsor was sponsored on or after march 2nd 2012 and 5 yrs have not elapsed since that sponsored person (now a sponsor) became a PR then the application is rejected.

If the application is filed on or after March 2, 2012, they do the look back. The point being, if your application was locked in at CIC on February 26, 2012, the sponsor was not subject to the bar. If your application was locked in at CIC on March 6, 2012, the sponsor is subject to the file year look-back period.

You're trying to apply it to the prior application, not the current application, but it applies to the current application.

 

[coolcanadian]

thanks for the info guys much appreciated i have another questions with my application do i need to send my wife original documents such as birth certificate, educational documents etc etc...and for myself a copy or original divorce certificate??

 

[cempjwi]

If the application is filed on or after March 2, 2012, they do the look back. The point being, if your application was locked in at CIC on February 26, 2012, the sponsor was not subject to the bar. If your application was locked in at CIC on March 6, 2012, the sponsor is subject to the file year look-back period.

You're trying to apply it to the prior application, not the current application, but it applies to the current application.

Yes, CIC looks back and has been looking back since March 2, 2012. What do they look back for?

If the sponsor IS a person that was sponsored as a spouse, they will look into the date that person's application was submitted by the previous sponsor. If that date falls before March 2nd, 2012, CIC will not reject the application even if the sponsor has not been a PR for 5 yrs.

Scenarios for previously sponsored spouses/partners

Date of Sponsorship Application / Eligibility to sponsor

1) Sponsorship application received prior to March 2, 2012 / Not subject to the 5-year sponsorship bar regardless of the date on which the sponsor became a permanent resident

2) Sponsorship application received on or following March 2, 2012 / Subject to the 5-year sponsorship bar

The Date of Sponsorship Application is the SPONSOR's own PR application, not the new PR application.

 

[computergeek]

Yes, CIC looks back and has been looking back since March 2, 2012. What do they look back for?

If the sponsor IS a person that was sponsored as a spouse, they will look into the date that person's application was submitted by the previous sponsor. If that date falls before March 2nd, 2012, CIC will not reject the application even if the sponsor has not been a PR for 5 yrs.

Scenarios for previously sponsored spouses/partners

Date of Sponsorship Application / Eligibility to sponsor

1) Sponsorship application received prior to March 2, 2012 / Not subject to the 5-year sponsorship bar regardless of the date on which the sponsor became a permanent resident

2) Sponsorship application received on or following March 2, 2012 / Subject to the 5-year sponsorship bar

The Date of Sponsorship Application is the SPONSOR's own PR application, not the new PR application.

I don't think this is correct, but at this point there's nothing further that I can do to convince you. My understanding is that the Date of Sponsorship Application is the new application, not the original application. You disagree. The only way to find out is to submit an application and find out what CIC says...

 

[Betina]

On March 2, 2012, changes to the eligibility requirements for sponsors came into force. These changes bar a previously-sponsored spouse or partner, from sponsoring a new spouse or partner within five years of becoming a permanent resident, even if the sponsor acquired citizenship during that period.

I don't understand how anyone can think that this rule means anything else than: if your application to sponsor your partner is received by CIC after March 2, 2012 and you have been sponsored in the 5 years prior to the date logged in at CIC, the current application will be rejected. It's extremely clear from every point of view: semantics, logic etc.