5 Year Bar - Family Sponsorship

[BelleCreole]

Good morning everyone!

I am looking for some advice on how to proceed with doing a family sponsorship, but first wanted to give you some background to see if I qualify as a sponsor.

I am a US Citizen who has lived in a Canada for a number of years. I consider Canada my permanent home and would like to spend the rest of my life mostly based in Canada. ;D I gained my Canadian resident through my first marriage (1 child in common) that ended 2 years ago, with 1 year officially separated, 1 year since divorced. I was not sponsored by my ex-partner, but was included in his refugee application and was granted PR status along with our daughter. Long story short, we spent over 7 years together. Very legit marriage. So, I was granted PR status through his application around late 2012. We separated in Jan 2013. Life happened. Our divorce is now final. During the course of our separation, I accepted several positions abroad. On one of my posts, I met someone and we've been seeing each other seriously and are talking about marriage. I am planning on returning to Canada soon, but am interested in sponsoring my new partner once we are married. But I wonder if I am subject to this 5 Year Bar? Can someone provide me with the directions for folks who were not sponsored by the spouses? Although I was working abroad, I was filing my Canada Revenue and paying taxes. Is there a timeline I need to follow in terms of being physically present in Canada as a sponsor? I am a professional and earn enough to provide for our family before my partner becomes integrated but is there an income bracket? :Also, any other resources would be extremely helpful.

Thanks!
Belle

 

[scylla]

1. No - you're not impacted by the 5 year ban since you weren't sponsored through family class
2. Since you are a PR (rather than a citizen) you must be living in Canada in order to sponsor your new partner and must continue living in Canada while the application is process (until your partner's visa is issued). You can file the application as soon as you return to Canada.

 

[BelleCreole]

Perfect! That's good to know. Thanks for replying.

Belle

 

[Alurra71]

Make sure when you get ready to file your application that you make it as 'air tight' as possible. Because you immigrated under a refugee claim under your previous spouse and it has barely been 2 years since you guys arrived, expect CIC to be looking very closely at your spousal application. There has been at least one instance that is quite similar to this that the woman (who is trying to sponsor a new spouse) is having to appeal because CIC claimed misrepresentation from the first marriage which also ended soon after landing as PR's together.

Anyway, just a heads up that when you get married to your new beau and are ready to file your application, be sure to make it as sure footed as possible.