5 year bar discussion

[Avadava]

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.

I saw this before, but there is one detail that doesn't make sense.

IMM1344, Question 5 states:

"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?

With this note:

If you answer "Yes" to question 5 and you are sponsoring a spouse, common law or conjugal partner, you are not eligible to be a sponsor and you should NOT submit your application.

It doesn't say you may not be eligible (like when there are exception - e.g. Canadian citizens can sponsor even if they reside abroad), it says you are not eligible and you should NOT submit the application.

 

[Avadava]

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.

Also, Sponsorship application received prior to regulatory amendment coming into force refers not to the application of the previously sponsored sponsor, but to the application of the spouse who is to be sponsored by such sponsor. So sponsorships received prior to March 2012, are not affected, regardless of which date the sponsor (who was previously sponsored as a spouse) became a PR.

He is under the category Sponsorship application received on or following the day the regulatory amendment came into force because his sponsorship application to sponsor his new spouse will be received after the amendment came into force, therefore he is subject to the five year ban.

 

[MilesAway]

His application would be under a fair bit of scrutiny, and it would seem that his initial application was as well, since it dragged on for 4 years.

 

[Alurra71]

I saw this before, but there is one detail that doesn't make sense.

IMM1344, Question 5 states:

"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?

With this note:

If you answer "Yes" to question 5 and you are sponsoring a spouse, common law or conjugal partner, you are not eligible to be a sponsor and you should NOT submit your application.

It doesn't say you may not be eligible (like when there are exception - e.g. Canadian citizens can sponsor even if they reside abroad), it says you are not eligible and you should NOT submit the application.

It also does not say that you can not file an application. It says you SHOULD not. I can not remember all the information it asks of the sponsor, but there would be/should be a section in there where he can list his application date and his actual landing date. From that information they would be able to determine that he 'skirts' the new rule because of his application date and would process properly. If there is no section to note that information then a cover letter, as Senioritabella mentioned, stating that he is aware of the rules and based on question 5 he should not file his application, however based on factual information, he does not fall under the sponsorship ban.

Again, though, I feel he is going to have to supply a supremely strong application that would head the VO off at the pass at every flag this file is sure to indicate.

 

[Avadava]

It also does not say that you can not file an application. It says you SHOULD not. I can not remember all the information it asks of the sponsor, but there would be/should be a section in there where he can list his application date and his actual landing date. From that information they would be able to determine that he 'skirts' the new rule because of his application date and would process properly. If there is no section to note that information then a cover letter, as Senioritabella mentioned, stating that he is aware of the rules and based on question 5 he should not file his application, however based on factual information, he does not fall under the sponsorship ban.

Again, though, I feel he is going to have to supply a supremely strong application that would head the VO off at the pass at every flag this file is sure to indicate.

Of course he can file an application (that's why the word SHOULD, because CIC can't forbid you to lodge an application), but that doesn't make him eligible. It's the same situation where a sponsor is receiving welfare. No one stops him to file an application, but he won't be eligible to sponsor because of the welfare.

 

[Alurra71]

Of course he can file an application (that's why the word SHOULD, because CIC can't forbid you to lodge an application), but that doesn't make him eligible. It's the same situation where a sponsor is receiving welfare. No one stops him to file an application, but he won't be eligible to sponsor because of the welfare.

He IS eligible to file for sponsorship as he is not disqualified under the 5 year rule, which was the point of the question to begin with. Regardless of the chosen wording on the sponsorship application. You seem to want to argue semantics about how they worded it implying they will find him ineligible to sponsor based on how they worded it, when in fact, they can't find him ineligible based on their own rules. The entire point is moot because of this fact.

He is going to 'skirt' the current rules, just as those who filed their applications on Oct 24, 2012 managed to 'outrun' the Condition 51 clause. Granted he was years before they even enacted the 5 year ban, but I think you understand the point I am making here.

 

[zocanada]

thats what i was explaining to him i qualify to apply thats what most lawyers told me in every new immigration law canada do not include the old applicants and the rule can be manupulated anyway you want i just want to know if anybody have the same situation that applied succesfully

 

[Avadava]

This is what I found searching this forum:

Hello everyone ... I just need help --i need some clearification:


in cic website it says.

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...



SO I WAS SPONSORED BY MY SPOUSE AND THE APPLICATION WAS RECEIVED ON 2010... BUT I GOT PR 2012.. AND ACTUALLY AM ALREADY DIVORCED THIS YEAR.. SO THIS RULE DOESNT APPLY TO ME RIGHT!!!!I KNOW FOR A SURE AS I READ THE CIC RULE BUT JUST WANT TO GET OPINION OF U YOU ALL.. ANY FEED BACK R WELCOME. THANKS....

Actually, the 5 year bar does apply to you if you now want to sponsor someone else as your new spouse or common law partner. The March 5, 2012 date refers to the date on which you would submit the application to sponsor your new spouse / common law partner - not the date you landed and not the date the application was submitted to sponsor you by your Canadian spouse.

In other words, if you now have a new common law partner or spouse and you want to sponsor them for PR - you will have to wait until five years after your landing date (i.e. sometime in 2017).

Hi


They gave you the wrong information.

"were previously sponsored as a spouse , common-law or conjugal partner and became a permanent resident of Canada less than 5 years ago,"

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.
Implications

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.
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

So you can't sponsor until 2017.

http://www.canadavisa.com/canada-immigration-discussion-board/fiveyear-sponsorship-bar-t156368.0.html;msg2421222#msg2421222

Same situation as the OP, all posters agreed he is banned from sponsoring his spouse till 2017.
I'm not arguing semantics, just facts. The OP falls under the category "Sponsorship application received on or following the day the regulatory amendment came into force Subject to the 5-year sponsorship bar "

Any application filled after March 2012 is subject to the 5 year ban, meaning the sponsor who was previously sponsored as a spouse must be a permanent resident for 5 years preceding the application or a Canadian citizen. It doesn't matter when his application to be sponsored was received, all it matters is when he became a PR. He can sponsor 5 years after he became a PR.

 

[Avadava]

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.

And this thing that you quoted here, is my point exactly. It is very clear that sponsorship applications (lodged by a previously sponsored spouse) received before March 2012 are not subject to the 5 year ban and applications received after March 2012 are subject to the 5 year ban. The 5 year ban means the sponsor must either be a PR for 5 years or Canadian citizen.

 

[zocanada]

Sponsor your spouse or partner for permanent residence in Canada

A Canadian citizen or permanent resident may be eligible to sponsor his or her spouse, common-law partner or conjugal partner to immigrate to Canada. These family members may be living in or outside of Canada. If they are in Canada they do not need to be in legal status to be sponsored under this class, but they must undergo medical, criminal and background checks before being granted the permanent resident status.

The sponsor’s spouse could be of the opposite or same sex. The marriage must be legally recognized in the country in which it took place, as well as in Canada.

To sponsor your spouse or partner a permanent resident must be residing in Canada. Canadian citizens living outside Canada may sponsor their spouses or partners but must provide evidence that once the person being sponsored becomes a permanent resident they will live in Canada.

The sponsor is also required to support the sponsored person financially and should be able to meet certain income guidelines. For sponsoring a spouse or partner a three-year undertaking of support is required to be given to the government. The sponsored persons are also required to agree to try to support themselves.

Under certain circumstances such as failure to meet previous sponsorship agreements, convictions for certain crimes, declaration of bankruptcy etc. may make you ineligible to sponsor your spouse or partner.

In recent years CIC implemented the following regulatory amendments to address the issue of marriage fraud:

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.

 

[Kopje]

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.

Ok. According to this text you are correct and able to sponsor your new spouse. My interpretation of the situation was wrong. Sorry for the confusion.