Urgent advice needed Folks!!Sponsoring Spouse-5 year sponsorship ban

[anarah]

Guys please help.
I got married in march 2014 -my x husband was in Canada (Missasaua)and I was back home in Pakistan .My Pr procedure started in 2014 by my x husband as he was sponsoring me- I received my PR (issued in 7 jan 2016) when I first entered Canada its valid till 12 feb 2021.Unfortunately I got divorced in 5th April 2017 .
Now when I want to remarry and sponsor a spouse the problem arises due to 5 year sponsorship bar rule.
Which states:Under this regulatory amendment, the authorities can place a bar on a person from sponsoring a spouse or a partner for a five-year period. However, this bar will apply only to those individuals sponsored by another person as a spouse or a partner.
My question is does this 5 year period starts from the day I received my pr when it was issued when I first landed in Canada in 2016? or the 5 year period starts from the day my x spouse sent my application for sponsoring me which was in 2014?.

 

[scylla]

Guys please help.
I got married in march 2014 -my x husband was in Canada and I was back home in Pakistan .My Pr procedure started in 2014 by my x husband as he was sponsoring me- I received my PR (issued in 7 jan 2016) when I first entered Canada its valid till 12 feb 2021.Unfortunately I got divorced in 5th April 2017 .
Now when I want to remarry and sponsor a spouse the problem arises due to 5 year sponsorship bar rule.
Which states:Under this regulatory amendment, the authorities can place a bar on a person from sponsoring a spouse or a partner for a five-year period. However, this bar will apply only to those individuals sponsored by another person as a spouse or a partner.
My question is does this 5 year period starts from the day I received my pr when it was issued when I first landed in Canada in 2016? or the 5 year period starts from the day my x spouse sent my application for sponsoring me which was in 2014?.

The five year period starts from the day you landed in Canada in 2016.

 

[anarah]

The five year period starts from the day you landed in Canada in 2016.

are you sure?

 

[scylla]

are you sure?

Yes.

 

[anarah]

]

 

[anarah]

Yes.

But according to this ,it starts from the day application was filed.

 

[zardoz]

But according to this ,it starts from the day application was filed.

You have completely misunderstood the meaning of the 5 year ban. Yes, it does apply to you and it becomes active for 5 years after the day you became a Permanent Resident by landing in Canada. Deal with it..

 

[monkeys89]

But according to this ,it starts from the day application was filed.

If you know this, why are you asking?

 

[monkeys89]

Here's the full extract, for your reference:

Sponsor
130. (1) Subject to subsections (2) and (3), a sponsor, for the purpose of sponsoring a foreign national who makes an application for a permanent resident visa as a member of the family class or an application to remain in Canada as a member of the spouse or common-law partner in Canada class under subsection 13(1) of the Act, must be a Canadian citizen or permanent resident who
(a) is at least 18 years of age;
(b) resides in Canada; and
(c) has filed a sponsorship application in respect of a member of the family class or the spouse or common-law partner in Canada class in accordance with section 10.
...
Five-year requirement
(3) A sponsor who became a permanent resident after being sponsored as a spouse, common-law partner or conjugal partner under subsection 13(1) of the Act may not sponsor a foreign national referred to in subsection (1) as a spouse, common-law partner or conjugal partner, unless the sponsor
(a) has been a permanent resident for a period of at least five years immediately preceding the day on which a sponsorship application referred to in paragraph 130(1)(c) is filed by the sponsor in respect of the foreign national; or
(b) has become a Canadian citizen during the period of five years immediately preceding the day referred to in paragraph (a) and had been a permanent resident from at least the beginning of that period until the day on which the sponsor became a Canadian citizen.

s.130(3) says that you, as the sponsor, may not sponsor anyone (the application referred to in s.130(1)(c)) unless you have been a PR for five years or more on the day that you file the application to sponsor someone, not from the day that your own sponsorship application was filed.

 

[scylla]

]

All of us here are very familiar with this rule.

As others have said, you haven't understood the rules correctly. The part you circled in green refers to the day you file the application to sponsor your new spouse (it has nothing to do with the date when you yourself were originally sponsored by your former spouse). Again, the five year count starts from the day you landed in Canada and became a PR in 2016. You cannot submit the application to sponsor your new spouse until at least five years have passed since that date. If you submit the application even a day early, it will be refused since you won't meet the requirements to sponsor. Since you landed in 2016, you are looking at sometime in 2021 before you can sponsor your new spouse.