5 YEAR SPONSORSHIP BAN QUESTION. URGENT!!!!!!!

[mevisbleek]

Applied for PR (Common law family class): Oct 2011
Received PR and Landed: June 2013
Along the line on Sept 2014 my common law partner and I broke up due to some issue I will not like to get into. a month after that I met someone else and we started dating immediately and we plan on getting married in June 2015. After marriage, will I be able to sponsor her or do I need to wait for 5 years?

PLEASE SOMEONE PLEASE ASSIST AS I WOULD WANT TO KNOW WHAT TO DO NEXT

 

[Ponga]

Actually, since you applied for your own PR back in 2011, you should be ok to sponsor her.

The 5 year bar was implemented after that I believe.

Good luck!

 

[mevisbleek]

Thank you Ponga for the swift response

 

[Ponga]

Actually, I spoke too soon.

After reading this thread, it appears that you cannot sponsor her:
http://www.canadavisa.com/canada-immigration-discussion-board/fiveyear-sponsorship-bar-t156368.0.html;msg2424205#msg2424205

But then I see this:
https://steventress.com/immigration-lawyer-news/five-year-sponsorship-bar-persons-sponsored-canada/


Which would imply that you CAN, since you applied before March 2, 2012


:-\

 

[tink23]

Sponsorship ban applies to everyone that was sponsored by a spouse. It doesn't matter if the ban was implemented after the application was submitted. Everyone who was sponsored by a spouse must wait 5 years after landing before they're eligible to sponsor a new spouse.

You won't be eligible to sponsor your new spouse until June 2018.

 

[Ponga]

Sponsorship ban applies to everyone that was sponsored by a spouse. It doesn't matter if the ban was implemented after the application was submitted. Everyone who was sponsored by a spouse must wait 5 years after landing before they're eligible to sponsor a new spouse.

You won't be eligible to sponsor your new spouse until June 2018.

Not according to this (from the link posted above):
March 2, 2012 – Citizenship and Immigration Canada announced that sponsored spouses or partners are now barred from submitting sponsorship applications for 5 years – meaning one who is sponsored by a spouse or partner cannot subsequently sponsor a different spouse or partner themselves, for five years. This five-year period applies even if the sponsored person acquired citizenship during that time, and applies to applicants who made their application on or after March 2, 2012. Applicants who submitted their package before this date are not subject to this restriction.

IMHO, it certainly should apply to everyone, but...maybe it doesn't?

 

[tink23]

Not according to this (from the link posted above):
March 2, 2012 – Citizenship and Immigration Canada announced that sponsored spouses or partners are now barred from submitting sponsorship applications for 5 years – meaning one who is sponsored by a spouse or partner cannot subsequently sponsor a different spouse or partner themselves, for five years. This five-year period applies even if the sponsored person acquired citizenship during that time, and applies to applicants who made their application on or after March 2, 2012. Applicants who submitted their package before this date are not subject to this restriction.

IMHO, it certainly should apply to everyone, but...maybe it doesn't?

Hmmm.... Is that guy reputable?? I think it only makes sense that it applies to everyone!

 

[Ponga]

Hmmm.... Is that guy reputable?? I think it only makes sense that it applies to everyone!

I also found the same information, here:
http://nkic.ca/canadian-immigration/canadian-permanent-residence-programs/family-sponsorships/sponsor-spouse-partner-or-children/

Date CIC got your sponsorship application Are you eligible to sponsor someone?
Before March 2, 2012 The five-year sponsorship bar does not apply, no matter when you became a permanent resident.

On or after March 2, 2012 The five-year sponsorship bar applies. You cannot sponsor someone until you have been a permanent resident for five years.

 

[tink23]

I also found the same information, here:
http://nkic.ca/canadian-immigration/canadian-permanent-residence-programs/family-sponsorships/sponsor-spouse-partner-or-children/

Date CIC got your sponsorship application Are you eligible to sponsor someone?
Before March 2, 2012 The five-year sponsorship bar does not apply, no matter when you became a permanent resident.

On or after March 2, 2012 The five-year sponsorship bar applies. You cannot sponsor someone until you have been a permanent resident for five years.

Well then. There you go! I totally didn't realize that. I was always under the impression it applies to everyone.

I certainly think it should apply to everyone, but it's not up to me!

Now, have there actually been people who were sponsored by a spouse when their application was in before the ban was implemented, and then successfully sponsored a new spouse before 5 years was up??

 

[mevisbleek]

Thanks Ponga once again. I actually saw same info on cic.gc.ca which says 5 yr ban does not apply to people that submitted their app prior to March 2,2012 (before the new law)

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

 

[scylla]

Thanks Ponga once again. I actually saw same info on cic.gc.ca which says 5 yr ban does not apply to people that submitted their app prior to March 2,2012 (before the new law)

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

When CIC talks about the date the sponsorship application was received - they're taking about the date when the sponsorship application was received to sponsor the NEW spouse - not when the original application was received for your own PR application. So if you haven't applied to sponsor your new spouse, the rule applies to you.

 

[mevisbleek]

This is pretty confusing

 

[Ponga]

When CIC talks about the date the sponsorship application was received - they're taking about the date when the sponsorship application was received to sponsor the NEW spouse - not when the original application was received for your own PR application. So if you haven't applied to sponsor your new spouse, the rule applies to you.

Now THAT makes sense.

As always, you bring order to the classroom.

 

[scylla]

This is pretty confusing

You need to forget about when you were sponsored for PR - that doesn't matter. What matters is the date when CIC receives the application to sponsor your new spouse. Since this date is going to be after March 2, 2012 - the 5 year ban applies to you. Because you landed June 2013 - June 2018 is the earliest you'll be able to submit the application to sponsor your new spouse.

 

[tink23]

When CIC talks about the date the sponsorship application was received - they're taking about the date when the sponsorship application was received to sponsor the NEW spouse - not when the original application was received for your own PR application. So if you haven't applied to sponsor your new spouse, the rule applies to you.

Ok yes! I was certain they wouldn't be allowed to sponsor before 5 years. It makes sense. Thank you for clarifying our confusion!