5 year bar discussion

[zocanada]

hi there ive been looking to make an end to this topic of eligibility to applly after being sponsored here it goes
first of all i was sponsored inland in 2008 and after struggling for 4 years ive got my permanent resident in jully 2012 my wife wish is an ex now desided that she dont wanna be with me anymore because she want to see other people i was heart broken long story short she divorced me now im divorced married to a another lovelly woman i want to applly for sponsorship and all have his idea of eligibility i called the call centre they said i can appplly one of the consultant said no im not a lawyer in toronto sent me a link on his website and it said yes i can here is the link
Five-year sponsorship bar – People who were sponsored to come to Canada on or after March 2, 2012 cannot sponsor someone until they have been permanent residents of Canada for five years. If you were sponsored before March 2, 2012, the five-year sponsorship bar would not apply to you even if you became a permanent resident after March 2, 2012. source mann law

 

[Avadava]

Five-year requirement

(3) A sponsor who became a permanent resident 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

(a) has been a permanent resident for a period of at least five years immediately preceding the day on which a sponsorship application referred to in paragraph 130(1)(c) is filed by the sponsor in respect of the foreign national; or

(b) has become a Canadian citizen during the period of five years immediately preceding the day referred to in paragraph (a) and had been a permanent resident from at least the beginning of that period until the day on which the sponsor became a Canadian citizen.


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


You cannot sponsor your new spouse, it hasn't been 5 years since you became a PR. It doesn't matter when your application was lodged (2008) what it matters is when you became a PR. And since you are applying now, after the amendment came into force (March 2012), then this amendment affects you. Unless, like mentioned above, you have been a PR for 5 years or have acquired Canadian citizenship.

 

[zocanada]

you misunderstood the new law it onlly applies to new applicant wich their sponsorship applications received after the amendement the lawyer made it clear on the website and so is the call centre agent even on the application imm1344 where it asks and says if u answer yes to the answer 5 you are not eligable it proceeds IN THE FIVE YEARS PRECEDIND URE APPLICATION DID YOU BECAME A PERMANENT RESIDENT ...... MY ANSWER IS NO SO I QUALIFFY

 

[Avadava]

For the question "In the five years preceding your application, did you become a permanent resident, after being sponsored as a spouse, common law partner or conjugal partner" you must answer YES. You became a Permanent Resident in July, 2012 and you are sponsoring in 2014. You have been a PR for 2 years, therefore you cannot sponsor a spouse.

What made you think your answer to that question is No? It doesn't matter if your ex wife applied to sponsor you in 2008, what matters is the date on which you became a PR (which is 2012).

 

[zocanada]

ok whats the difinition of PRECEDIND and why the call cetre agent say im elligible i also sent u my lawyer link on ure private inbox

 

[Avadava]

ok whats the difinition of PRECEDIND and why the call cetre agent say im elligible i also sent u my lawyer link on ure private inbox

Preceding means, "previous" / "coming before". So 5 years preceding 2014, is 2009. During 2009-2014, you became a PR.

If you don't like my answer, you can wait for someone else that can give you a better answer. I received the link from your lawyer, but my information comes straight from the CIC Operational Manual (http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob386.asp)
Also, I can tell you that there are plenty of lawyers and immigration consultants that give bad advice. So many people on this forum have received bad advice from their lawyers.

 

[zocanada]

exactllly so preceding my 2014 application i didnt became pr so the answer is no

 

[Avadava]

exactllly so preceding my 2014 application i didnt became pr so the answer is no

You said you became a PR in 2012, so that means you became a PR in the five years preceding your application. I don't know why this is so hard to understand. The year 2012 is included in the period of 5 years preceding your 2014 application. Your answer to the that question in IMM1344 should be YES.

You are not eligible to sponsor your spouse at the moment, you will be eligible in 2017. This is my opinion and my final answer to you. Like I said, if you don't like it or don't agree with me, wait till someone else answers your question.

 

[Obronibini]

you misunderstood the new law it onlly applies to new applicant wich their sponsorship applications received after the amendement the lawyer made it clear on the website and so is the call centre agent even on the application imm1344 where it asks and says if u answer yes to the answer 5 you are not eligable it proceeds IN THE FIVE YEARS PRECEDIND URE APPLICATION DID YOU BECAME A PERMANENT RESIDENT ...... MY ANSWER IS NO SO I QUALIFFY

if you understand the law why post here? I think it apply to you . Wait till you get the responds you wanna hear then. I thought you posted here coz you had doubts in your mind abt what the lawyer said right ? All the best

 

[Kopje]

You said you became a PR in 2012, so that means you became a PR in the five years preceding your application. I don't know why this is so hard to understand. The year 2012 is included in the period of 5 years preceding your 2014 application. Your answer to the that question in IMM1344 should be YES.

You are not eligible to sponsor your spouse at the moment, you will be eligible in 2017. This is my opinion and my final answer to you. Like I said, if you don't like it or don't agree with me, wait till someone else answers your question.

Avadava's answer is correct. You became a PR in July 2012. Therefore you are not able to sponsor a new spouse before July 2017.

 

[Alurra71]

Since the 5 year ban rule didn't come into effect until March 2012, then I think the OP is actually quite able to sponsor his new spouse. They don't base it on the time that you receive your PR visa, but they do base it on when your application was received, which appears to be 2008, according to his post. If his application was actually received on/after March 2, 2012 then he would be under the new 5 year ban rule.

In theory, he should be able to sponsor his new wife for residency, HOWEVER, he should be aware that he will likely be under more intense scrutiny on this marriage because he was just recently landed as a PR and is already attempting to sponsor a new spouse and if the new spouse is granted PR then there will most certainly be Condition 51 attached to that.

 

[SenoritaBella]

It's true that the 5-year requirment came into force on March 2, 2012. But it does not say anywhere that it only applies to people who apply after that date.
It applies to anyone who became a permanent resident(PR) through spousal/common-law/conjugal sponsorship AND it has not been more than 5 years since they became PR. The only date that matters is when you become a PR.


Five-year requirement

(3) A sponsor who became a permanent resident 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

(a) has been a permanent resident for a period of at least five years immediately preceding the day on which a sponsorship application referred to in paragraph 130(1)(c) is filed by the sponsor in respect of the foreign national; or

The OP became a PR in July 2012. Counting 5 years from then is; 2013, 2014, 2015, 2016, 2017. The OP can not apply to sponsor a new spouse before July 2017.

(b) has become a Canadian citizen during the period of five years immediately preceding the day referred to in paragraph (a) and had been a permanent resident from at least the beginning of that period until the day on which the sponsor became a Canadian citizen.


(i) The OP's ex-wife filed the application to sponsor him in 2008.
(ii) Eventhough it is now 5 yrs since the application was filed, the OP is not a Canadian citizen yet.


Implications 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 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.

 

[Alurra71]

It's true that the 5-year requirment came into force on March 2, 2012. But it does not say anywhere that it only applies to people who apply after that date.
It applies to anyone who became a permanent resident(PR) through spousal/common-law/conjugal sponsorship AND it has not been more than 5 years since they became PR. The only date that matters is when you become a PR.


Five-year requirement

(3) A sponsor who became a permanent resident 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

(a) has been a permanent resident for a period of at least five years immediately preceding the day on which a sponsorship application referred to in paragraph 130(1)(c) is filed by the sponsor in respect of the foreign national; or

The OP became a PR in July 2012. Counting 5 years from then is; 2013, 2014, 2015, 2016, 2017. The OP can not apply to sponsor a new spouse before July 2017.

(b) has become a Canadian citizen during the period of five years immediately preceding the day referred to in paragraph (a) and had been a permanent resident from at least the beginning of that period until the day on which the sponsor became a Canadian citizen.


(i) The OP's ex-wife filed the application to sponsor him in 2008.
(ii) Eventhough it is now 5 yrs since the application was filed, the OP is not a Canadian citizen yet.


Implications 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 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.

Awesome, but you forgot to add the tidbits at the bottom, the ones that say:

Scenarios for previously sponsored spouses/partners:
Date of Sponsorship Application Eligibility to sponsor
Sponsorship application received prior to regulatory amendment coming into force Not subject to the 5-year sponsorship bar regardless of date sponsor became a PR
Sponsorship application received on or following the day the regulatory amendment came into force Subject to the 5-year sponsorship bar


Please note the section that I have bolded. The OP application was filed in 2008, long before the new rule in March 2012 took effect.

 

[SenoritaBella]

Wow... did not notice. That settles it... the OP is eligible to sponsor his new spouse. I would suggest he include a cover letter explaining what you have quoted above, just in case an officer misses it.

Awesome, but you forgot to add the tidbits at the bottom, the ones that say:

Scenarios for previously sponsored spouses/partners:
Date of Sponsorship Application Eligibility to sponsor
Sponsorship application received prior to regulatory amendment coming into force Not subject to the 5-year sponsorship bar regardless of date sponsor became a PR
Sponsorship application received on or following the day the regulatory amendment came into force Subject to the 5-year sponsorship bar


Please note the section that I have bolded. The OP application was filed in 2008, long before the new rule in March 2012 took effect.

 

[Alurra71]

Wow... did not notice. That settles it... the OP is eligible to sponsor his new spouse. I would suggest he include a cover letter explaining what you have quoted above, just in case an officer misses it.

I am not sure his VO missing that information will be his biggest obstacle at this point. I think he is likely in for a far bumpier ride even AFTER understanding he can sponsor her. There is going to be a LOT of scrutiny because of how this all went down and I have seen applicants with far less 'flagworthy' information be dragged out for eons it seems.

I guess all he can do is file his application and wait and see.