+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Need some advice pls help!

nairaboy

Star Member
Oct 26, 2012
153
0
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
17-12-2012
Doc's Request.
17-01-2013
AOR Received.
28-01-2013
Med's Request
09-03-2015
Med's Done....
06-03-2013
Interview........
10-06-2015
Hi guys

Here is the story I was sponsored by my late wife who died last year December and I want to know what happens if in the nearest future I want to sponsor say someone who I intended to Marry or married to, what are the chances I can sponsor under spouser sponsorship.
 

nairaboy

Star Member
Oct 26, 2012
153
0
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
17-12-2012
Doc's Request.
17-01-2013
AOR Received.
28-01-2013
Med's Request
09-03-2015
Med's Done....
06-03-2013
Interview........
10-06-2015
nairaboy said:
Hi guys

Here is the story I was sponsored by my late wife who died last year December and I want to know what happens if in the nearest future I want to sponsor say someone who I intended to Marry or married to, what are the chances I can sponsor under spouser sponsorship.
 

profiler

VIP Member
Aug 10, 2016
9,456
2,846
Category........
Visa Office......
CPC-Mississauga
Job Offer........
Pre-Assessed..
App. Filed.......
02-MAR-2016
AOR Received.
13-MAY-2016
IELTS Request
Upfront
Med's Request
Upfront; Passed
Interview........
Waived
LANDED..........
05-MAY-2017
You can sponsor as a PR. Did your COPR paperwork state Condition 51?
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
nairaboy said:
Here is the story I was sponsored by my late wife who died last year December and I want to know what happens if in the nearest future I want to sponsor say someone who I intended to Marry or married to, what are the chances I can sponsor under spouser sponsorship.
There is a 5 year sponsorship bar for those who were themselves sponsored to come to Canada:

http://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/page-27.html#h-79

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.



There is nothing on the website or in the IRPA regulations stating that there is an exception when the sponsor dies, so it would seem to still apply to your situation. This would mean you can't sponsor anyone for 5 years from the date you became a PR.


profiler said:
You can sponsor as a PR. Did your COPR paperwork state Condition 51?
Condition 51 is irrelevant to this situation...
 

profiler

VIP Member
Aug 10, 2016
9,456
2,846
Category........
Visa Office......
CPC-Mississauga
Job Offer........
Pre-Assessed..
App. Filed.......
02-MAR-2016
AOR Received.
13-MAY-2016
IELTS Request
Upfront
Med's Request
Upfront; Passed
Interview........
Waived
LANDED..........
05-MAY-2017
canuck_in_uk said:
Condition 51 is irrelevant to this situation...
If it's still active (have they repealed them all yet??) Then OP should call CIC to advise them. The condition would be removed. So it is revelant.
 

scylla

VIP Member
Jun 8, 2010
92,937
20,543
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
I agree that condition 51 is irrelevant in this case.

All that matters is the five year rule. I don't know if exceptions are made in the case of a spouse's death or not.
 

nairaboy

Star Member
Oct 26, 2012
153
0
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
17-12-2012
Doc's Request.
17-01-2013
AOR Received.
28-01-2013
Med's Request
09-03-2015
Med's Done....
06-03-2013
Interview........
10-06-2015
Thanks guy I thought as much that the 5 year rule will affect am just going into 2 years after residents so 3 more years to go.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
profiler said:
If it's still active (have they repealed them all yet??) Then OP should call CIC to advise them. The condition would be removed. So it is revelant.
Condition 51 has nothing to do with the 5 year sponsorship bar, so not relevant to OP's query.