A plain text reading of the new regulation would certainly suggest that she is not eligible to sponsor you until 2015 (when she has been a PR for 5 years).amorr76 said:Hi all,
I got my PR in 2009 and sponsored my wife in 2010. I am still a PR but don't think i can meet the requirement to renew my PR. My question is can my wife sponsor me? Would the "Five-year Sponsorship Bar" apply here?
Many thanks.
The rule for 5-year sponsorship ban for spouses didn't come into effect until March, 2012. As long as her application for PR was submitted before this (which it was in 2010), she is NOT subject to the 5-year ban so should be able to sponsor a spouse at any time.amorr76 said:Hi all,
I got my PR in 2009 and sponsored my wife in 2010. I am still a PR but don't think i can meet the requirement to renew my PR. My question is can my wife sponsor me? Would the "Five-year Sponsorship Bar" apply here?
Many thanks.
I think you are misinterpreting the new regulation:Rob_TO said:The rule for 5-year sponsorship ban for spouses didn't come into effect until March, 2012. As long as her application for PR was submitted before this (which it was in 2010), she is NOT subject to the 5-year ban so should be able to sponsor a spouse at any time.
It applies to applications received on or after 2 March 2012. The landing date of the PR or Citizen is not material to the bar, as it is tied to the application date of the new sponsorship.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.
The confusion is the title of table is "Scenarios for previously sponsored spouses/partners", so was assuming "sponsorship application" had to do with when the existing PR did their application (to grandfather it), and not new application for new spouse.computergeek said:It applies to applications received on or after 2 March 2012. The landing date of the PR or Citizen is not material to the bar, as it is tied to the application date of the new sponsorship.
Note specifically the table that follows this text in the OB that says "Sponsorship application received on or following the day the regulatory amendment came into force" and then in the next box "Subject to the 5-year sponsorship bar"
That is certainly the intent, but when I read the regulations, I don't see anything that would support that exception.amorr76 said:after reading the OP more carefully, i am thinking this rule should apply only to the case when a sponsored spouse wants to sponsor a NEW spouse. it should't apply to the original spouse. it seems it's trying to prevent a scam that a sponsored spouse files for divorce and then sponsors a new spouse. any thoughts?
Well the official rule does state: bars a previously-sponsored spouse or partner, from sponsoring a new spouse or partner within five years of becoming a PR.computergeek said:That is certainly the intent, but when I read the regulations, I don't see anything that would support that exception.
It's enough wiggle room that one might be able to convince the VO to allow it. If they disallowed it, I'd probably go to Federal Court (it's a matter of law, and FCC is much faster for this type of issue than IAD would be.)Rob_TO said:Well the official rule does state: bars a previously-sponsored spouse or partner, from sponsoring a new spouse or partner within five years of becoming a PR.
It's a new application, but it is not a new spouse. Could be interpreted either way. CIC should have used the words "any spouse" instead of "new spouse" if they didn't want to make any exceptions.