5 year Sponsorship Bar Success Stories Let's Connect

[mevisbleek]

Hi Guys,
There has been lots of confusion regarding the 5yr Sponsorship bar. Some have said it pertains to the previously sponsored spouse while others claim it pertains only to the new spouse been sponsored. CIC website isn't helping matters as it pretty vague to say the least.

Has anyone on this board been previously sponsored before 2012 and successfully sponsored a new spouse after 2012? Would love to hear your stories and application strategy.

 

[screech339]

Scenarios for previously sponsored spouses/partners:

Date of Sponsorship Application

Eligibility to sponsor

Sponsorship application received prior to regulatory amendment coming into force (prior to March 2, 2012) Not subject to the five-year sponsorship bar regardless of date sponsor became a PR.

Sponsorship application received on or following the day the regulatory amendment came into force (on or after March 2, 2012) Subject to the five-year sponsorship bar

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

I hope this link clears up any confusion on your part. It is pretty clearly written who gets the 5 year sponsorship ban.

BTW, while the 5 year ban does not apply to sponsors, they cannot sponsor another while their obligation is still in effect. In other words, sponsors have a 3 year ban while the sponsored PR have a 5 year ban. I think this is a fair compromise. Why should a sponsored PR get to sponsor another spouse upon separation shortly after landing as PR while the sponsor cannot sponsor anyone for 3 years.

 

[mevisbleek]

Scenarios for previously sponsored spouses/partners:

Date of Sponsorship Application

Eligibility to sponsor

Sponsorship application received prior to regulatory amendment coming into force (prior to March 2, 2012) Not subject to the five-year sponsorship bar regardless of date sponsor became a PR.

Sponsorship application received on or following the day the regulatory amendment came into force (on or after March 2, 2012) Subject to the five-year sponsorship bar

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

I hope this link clears up any confusion on your part. It is pretty clearly written who gets the 5 year sponsorship ban.

BTW, while the 5 year ban does not apply to sponsors, they cannot sponsor another while their obligation is still in effect. In other words, sponsors have a 3 year ban while the sponsored PR have a 5 year ban. I think this is a fair compromise. Why should a sponsored PR get to sponsor another spouse upon separation shortly after landing as PR while the sponsor cannot sponsor anyone for 3 years.

Thanks for the post. I totally understand the eligibility but I see some people been denied after been eligible this is why I started this thread for successful applicant to share their story

 

[scylla]

There has been lots of confusion regarding the 5yr Sponsorship bar. Some have said it pertains to the previously sponsored spouse while others claim it pertains only to the new spouse been sponsored. CIC website isn't helping matters as it pretty vague to say the least.

Has anyone on this board been previously sponsored before 2012 and successfully sponsored a new spouse after 2012? Would love to hear your stories and application strategy.

Yes - we've had several people successfully sponsor. The strategy is extremely simple. You have to wait out the five years. As long as you do that - you're fine. If you don't - you're going to be refused. As for any confusion - sure, I guess some people have been confused. However the rule is actually very clear and we've seen that rule confirmed through a few refusals here by people who didn't understand it and applied too early. It doesn't matter when the old/original application was received by CIC (i.e. pre or post 2012) - all that matters is when the new application to sponsor the new spouse was received by CIC and when the sponsor landed. So if someone was sponsored by their spouse and landed in May 2011 - then June 2016 (this year - 5 years after the landing date) is when they will qualify to submit the application to sponsor their new spouse / partner. There is a thread somewhere where a person argued with us for days that the rule applied to the original application date. They ignore what we said, applied too early, and were refused (like we told them they would be). Unfortunately I don't remember the user's name...

 

[screech339]

Yes - we've had several people successfully sponsor. The strategy is extremely simple. You have to wait out the five years. As long as you do that - you're fine. If you don't - you're going to be refused. As for any confusion - sure, I guess some people have been confused. However the rule is actually very clear and we've seen that rule confirmed through a few refusals here by people who didn't understand it and applied too early. It doesn't matter when the old/original application was received by CIC (i.e. pre or post 2012) - all that matters is when the new application to sponsor the new spouse was received by CIC and when the sponsor landed. So if someone was sponsored by their spouse and landed in May 2011 - then June 2016 (this year - 5 years after the landing date) is when they will qualify to submit the application to sponsor their new spouse / partner. There is a thread somewhere where a person argued with us for days that the rule applied to the original application date. They ignore what we said, applied too early, and were refused (like we told them they would be). Unfortunately I don't remember the user's name...

Are you saying that CIC is not following the 5 year ban on the date received rule? Is CIC applying a 5 year ban on everyone regardless of whether application was received before march 2, 2012 or not?

 

[scylla]

Are you saying that CIC is not following the 5 year ban on the date received rule? Is CIC applying a 5 year ban on everyone regardless of whether application was received before march 2, 2012 or not?

Yes - they are following the 5 year ban rule based on the date recieved - but it's the date received of the new application to sponsor the new spouse (not the original application that got the sponsor to Canada). The mistake some people seem to make is that they think that the date applies to the original application - we've seen a couple of refusals here which demonstrate it doesn't. Just to be clear - by old/original application I'm referring to the spousal sponsorship that originally got the sponsor to Canada. The new application is where the sponsor (who has now broken up with their original sponsor) is now attempting to sponsor their new spouse. So as long as the new application was received before March 2, 2012 - a person was fine and there was no ban. Otherwise - 5 year ban.

It's no different than any of CIC's other rules. They don't care when you became a PR or when that application was received, which citizenship rule you fall under is based on when you submitted your citizenship application. Same goes for lower the age of dependents. They don't care who you might have included as non accompanying in your original PR application or when that PR application was received, whether you can now sponsor your 20 year old depends on when CIC recieved the new application.

 

[scylla]

There's a somewhat recent thread somewhere that confirms the rule. I'll try to find it tonight.

It starts over a year ago (I think?) with someone arguing the rule doesn't apply to him (because the application to originally sponsor him to Canada was received by CIC before 2012) - and ends with him posting fairly recently that his wife's application has been refused due to the 5 year ban.

 

[screech339]

There's a somewhat recent thread somewhere that confirms the rule. I'll try to find it tonight.

It starts over a year ago (I think?) with someone arguing the rule doesn't apply to him (because the application to originally sponsor him to Canada was received by CIC before 2012) - and ends with him posting fairly recently that his wife's application has been refused due to the 5 year ban.

That makes sense. The date received is based on the new sponsor spousal PR application. 5 years after the PR landed. Nothing to do with the original PR spousal application that the PR landed with.