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PR Sponsoring a spouse

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sciencedicas

Member
Jan 24, 2009
11
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I'm a permanent resident in Canada since February 2011 because I was sponsored by my wife/ex-wife, things didn't work out well, so we got the divorce. I got a job proposal in the US, so I left to the US for working on November 2011, while in the US I meet this girls which I married with again.
now my work period in the US is cumming to the end, and I must go back to Canada.
I'm willing to take my present wife with me, first because I'm resident of Canada and that's where I have to go. (my present wife is pregnant and want want my baby to be with me.
at this moment she has a tourist visa, so she can enter Canada as tourist, but would like to know the option so we can all be legal in Canada, I'm mostly worried with my Wife. ( she's not US citizen)

please advice.
 
u can not sponser a new spouse untill 3 years
 
It's actually 5 years. Because you were sponsored as a spouse through the family class program, you cannot sponsor your new spouse through the family class program until five years have passed since you became a PR. Unfortunately you're going to have to wait until 2016 to apply.

http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp
 
Actually the sponsorship bar period is 5 years for persons sponsored as spouses. So, the OP must wait until Feb 2016 before he is eligible to sponsor his new wife.

His former wife is the one who has to wait 3 years until she can sponsor someone else as her spouse, because her undertaking period for the OP does not expire until Feb 2014.
 
but for the fact that I'm PR, can I decide so my baby can born in Canada ?

I know we can go to Canada now as she has the tourist visa, and the pregnancy is not visible yet,
but I'm wondering if we try to enter Canada months prior to birth and when the pregnancy is notable, can the immigration denied her the entrance to Canada?

and the fact that I'm PR and the child is Canadian citizen (if born in Canada) ,will this not help her in staying in Canada.

wanna make sure I'm not violating any law. as we like to travel a lot, and don't want to be illegal in Canada
 
As the PR, you are the only person with the right to enter Canada. Your wife and unborn child have no such rights, and the border officers are at liberty to deny her entry when she is in late pregnancy or at any other time at all. The fact that she is your wife doesn't give her any more right to enter than any other visitor.

Having a Canadian citizen child and PR husband also do not entitle her to stay in Canada.

You need to ensure you are within your residency obligation of 730 days out of every rolling 5 year period, in order to maintain your PR.
 
On March 2, 2012, changes to the eligibility requirements for sponsors came into force. These changes bar a previously-sponsored spouse or partner, from sponsoring a new spouse or partner within five years of becoming a permanent resident, 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 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

You can sponsor
 
Yasmine_GRL said:
You can sponsor
Click to expand...

No he can't.

The date is based on when the application to sponsor the NEW spouse is submitted. The OP hasn't submitted the application to sponsor his new spouse and therefore falls under the 5 year rule and can't sponsor until 2016.
 
What countries are you and your wife from, and what is her status in the US?

I'm asking because I am wondering what your other options are to be together, since it doesn't look like you can sponsor her into Canada.
 
You won't be able to sponsor her until 2016, as others have noted. However, if she has a tourist visa, she will almost certainly be allowed to enter Canada as a visitor. So she can come up for a visit. She should have a return ticket, and proof of ties to the USA or her home country. She must be clear with the border agent that she is just visiting. She can apply to extend her visa once there is about a month validity left on it. I doubt she will be able to keep extending it until 2016, but maybe others can weigh in on this.
She can give birth in Canada, but you and she will have to pay for it yourselves.
 
either you are pr or canadian citizen, if you entered canada as sponsored spouse, you cannot sponser your new wife until 5years or if you entered canada under family class(as brother, son) then its 3years
so, you can sponsor your wife after the 5years tenure. till then be with your wife as she needs you the most in her most important period of her life. either in canada or usa because in both countries you guys have to pay for your medical bills.
 
sciencedicas said:
I'm in the US using H1B and she's in the us using H4.
Click to expand...

Unfortunately this doesn't change anything with regards to your wife's sponsorship. You still can't sponsor her through spousal sponsorship until 2016.
 
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