second husband sponsership less than 3 year

[alphap]

Dear All,

My wife is a permanent resident in Canada, back in 2019 she sponsored her first husband as Inland Spousal Sponsorship, he got his PR in 2020 May.

Later on, they got divorced and she wants to sponsor me as her second husband as Outland Spousal Sponsorship, we met earlier this year and we spent a wonderful time together, in fact now we miss each other so much.

Does the three years rule apply to us ??

Please note that her first husband lived in Canada for a while before they got married, he used to have a work permit, but at the time of their marriage, he had a removal order.

BR

 

[scylla]

Dear All,

My wife is a permanent resident in Canada, back in 2019 she sponsored her first husband as Inland Spousal Sponsorship, he got his PR in 2020 May.

Later on, they got divorced and she wants to sponsor me as her second husband as Outland Spousal Sponsorship, we met earlier this year and we spent a wonderful time together, in fact now we miss each other so much.

Does the three years rule apply to us ??

Please note that her first husband lived in Canada for a while before they got married, he used to have a work permit, but at the time of their marriage, he had a removal order.

BR

Yes, the three year rule applies.

She won't be able to sponsor you until May 2023.

 

[alphap]

Yes, the three year rule applies.

She won't be able to sponsor you until May 2023.

Thank you for the prompt reply,

is there any workaround to this obstacle, we cannot wait for that much of time?

 

[scylla]

Thank you for the prompt reply,

is there any workaround to this obstacle, we cannot wait for that much of time?

The only workaround is for you to qualify for PR on your own through an economic immigration program like Express Entry.

 

[Dimilitantey]

Dear All,

My wife is a permanent resident in Canada, back in 2019 she sponsored her first husband as Inland Spousal Sponsorship, he got his PR in 2020 May.

Later on, they got divorced and she wants to sponsor me as her second husband as Outland Spousal Sponsorship, we met earlier this year and we spent a wonderful time together, in fact now we miss each other so much.

Does the three years rule apply to us ??

Please note that her first husband lived in Canada for a while before they got married, he used to have a work permit, but at the time of their marriage, he had a removal order.

BR

Please don't even try or think about or let anyone convince you that it's possible. Just me reading it I had made a decision already. Not to talk of the experienced officers working on the files. Those guys are there to criticise and investigate deeply into relationships, lot of questions from your situation as an amateur. Please heed scylla and try the EE or work other provincial pathways.

 

[canuck78]

Dear All,

My wife is a permanent resident in Canada, back in 2019 she sponsored her first husband as Inland Spousal Sponsorship, he got his PR in 2020 May.

Later on, they got divorced and she wants to sponsor me as her second husband as Outland Spousal Sponsorship, we met earlier this year and we spent a wonderful time together, in fact now we miss each other so much.

Does the three years rule apply to us ??

Please note that her first husband lived in Canada for a while before they got married, he used to have a work permit, but at the time of their marriage, he had a removal order.

BR

How long until they got separated if he only landed May 2020 and you met early the next year? Do they have a long relationship history and time spent in person? There may be a lot of scrutiny about your application given that they separated soon after the first spouse landed.

 

[alphap]

How long until they got separated if he only landed May 2020 and you met early the next year? Do they have a long relationship history and time spent in person? There may be a lot of scrutiny about your application given that they separated soon after the first spouse landed.

The only workaround is for you to qualify for PR on your own through an economic immigration program like Express Entry.

Please don't even try or think about or let anyone convince you that it's possible. Just me reading it I had made a decision already. Not to talk of the experienced officers working on the files. Those guys are there to criticise and investigate deeply into relationships, lot of questions from your situation as an amateur. Please heed scylla and try the EE or work other provincial pathways.

Thank you all for the feedback.

My wife just had an abortion at 5 weeks after she arrived back from her trip to Africa, she needs my support, we cannot wait for 19 more months, is there any hope we can convince IRC to consider an exception for the three-year sponsorship bar ?? will it help if we assign lawyers for our case ??

 

[scylla]

Thank you all for the feedback.

My wife just had an abortion at 5 weeks after she arrived back from her trip to Africa, she needs my support, we cannot wait for 19 more months, is there any hope we can convince IRC to consider an exception for the three-year sponsorship bar ?? will it help if we assign lawyers for our case ??

I'm very sorry to hear about your wife's situation.

There are no exceptions to the 3 year rule.

You can try submitting a spousal sponsoring application and request H&C consideration. However to be honest, I think the chances that application will be approved are extremely low and you can also expect long processing times. If you want to try this route, I would strongly recommend you work with a lawyer and also get advice from a lawyer on whether this path is even worth trying. It may not even be worth trying.

Does your spouse qualify to immigrate to Canada independently through an economic immigration stream like Express Entry? That would be another option where she can apply now without waiting for another 19 months.

Has your spouse tried applying for a TRV? If a TRV can be approved, she could come for a visit to Canada.

Of course another option would be for you to move to your spouse's home country temporarily until sponsorship is possible.

 

[scylla]

Thank you all for the feedback.

My wife just had an abortion at 5 weeks after she arrived back from her trip to Africa, she needs my support, we cannot wait for 19 more months, is there any hope we can convince IRC to consider an exception for the three-year sponsorship bar ?? will it help if we assign lawyers for our case ??

Sorry - I thought your wife was the one being sponsored. However it looks like that's you and your wife is the one who is the PR.

My answers above still apply however in that case the options are for you to try applying for a TRV or for you to qualify for PR on your own through a program like Express Entry.

I think applying for spousal sponsorship with H&C considerations really has an extremely low chance of succeeding. Speak with a lawyer if you want to consider this option. Be prepared for processing to take well over a year.

 

[Dimilitantey]

Thank you all for the feedback.

My wife just had an abortion at 5 weeks after she arrived back from her trip to Africa, she needs my support, we cannot wait for 19 more months, is there any hope we can convince IRC to consider an exception for the three-year sponsorship bar ?? will it help if we assign lawyers for our case ??

I don't think it will help using a lawyer. Infact a professional, honest lawyer might even not take on this. My condolences for what your wife been through, but just know that there are several families who have lost close relatives and these don't even move them to rush anything. There is a 0% chance of you being excepted from this 3 year rule.

One thing I can assure you is that they will return your file after building your hopes for several months. Trust me that will frustrate you way more than you think you feeling now. Even simpler cases takes over 15months so for your file if not returned expect a very long processing time.

And please don't expect anyone to help you convince yourself it's possible. Best is to call an IRCC rep yourself and hear from their mouth or written note saying you can do that. Then proceed all of us here from my knowledge are just fellow colleagues to comment and advice on what we know. Unless there is a similar file that you can refer to.

 

[alphap]

Sorry - I thought your wife was the one being sponsored. However it looks like that's you and your wife is the one who is the PR.

My answers above still apply however in that case the options are for you to try applying for a TRV or for you to qualify for PR on your own through a program like Express Entry.

I think applying for spousal sponsorship with H&C considerations really has an extremely low chance of succeeding. Speak with a lawyer if you want to consider this option. Be prepared for processing to take well over a year.

Thanks for the positive Feedback, I checked H&C and it seems it can be useful when the applicant is inadmissible or ineligible, but in our case, the one who is ineligible is the sponser.

I think we should try Dual Intent, and let us hope that one of the applications gets positive feedback TRV or PR.

Be sure that before taking any step we will get a professional opinion.

If we exhaust all of our options, we will try getting my move to our home country while we are waiting for the 18 months period to pass.

Thanks again.

I don't think it will help using a lawyer. Infact a professional, honest lawyer might even not take on this. My condolences for what your wife been through, but just know that there are several families who have lost close relatives and these don't even move them to rush anything. There is a 0% chance of you being excepted from this 3 year rule.

One thing I can assure you is that they will return your file after building your hopes for several months. Trust me that will frustrate you way more than you think you feeling now. Even simpler cases takes over 15months so for your file if not returned expect a very long processing time.

And please don't expect anyone to help you convince yourself it's possible. Best is to call an IRCC rep yourself and hear from their mouth or written note saying you can do that. Then proceed all of us here from my knowledge are just fellow colleagues to comment and advice on what we know. Unless there is a similar file that you can refer to.

Thank you very much for the feedback, you are right, the best option is that My Wife comes back to our home country, and wait for the 18 months to pass.

But how do you see if we try Dual Intent first ??

 

[scylla]

Thanks for the positive Feedback, I checked H&C and it seems it can be useful when the applicant is inadmissible or ineligible, but in our case, the one who is ineligible is the sponser.

I think we should try Dual Intent, and let us hope that one of the applications gets positive feedback TRV or PR.

Be sure that before taking any step we will get a professional opinion.

If we exhaust all of our options, we will try getting my move to our home country while we are waiting for the 18 months period to pass.

Thanks again.



Thank you very much for the feedback, you are right, the best option is that My Wife comes back to our home country, and wait for the 18 months to pass.

But how do you see if we try Dual Intent first ??

Dual intent in a PR application will definitely not work. You can't claim dual intent in a PR application. Your spouse does not qualify to sponsor you and dual intent does not override this or create the opportunity for an exception.

You should try to apply for a TRV without dual intent. I don't see how you can claim dual intent in a TRV if your spouse can't sponsor you for another year and a half. When you apply for the TRV, you will want to show strong ties to your home country (e.g. property, employment, assets). You will also want to show that you have sufficient funds to pay for your visit. If you have previous travel to countries requiring visas such as the US and UK, this will work in your favour and increase the chances of approval.

 

[alphap]

Dual intent in a PR application will definitely not work. You can't claim dual intent in a PR application. Your spouse does not qualify to sponsor you and dual intent does not override this or create the opportunity for an exception.

You should try to apply for a TRV without dual intent. I don't see how you can claim dual intent in a TRV if your spouse can't sponsor you for another year and a half. When you apply for the TRV, you will want to show strong ties to your home country (e.g. property, employment, assets). You will also want to show that you have sufficient funds to pay for your visit. If you have previous travel to countries requiring visas such as the US and UK, this will work in your favour and increase the chances of approval.

I ALSO FOUND THE BELOW THAT SUGGEST ABILITY FOR APPLICANT TO REQUEST H&C IF SPONSOR IS INELIGIBLE.

BELOW IS THE LINK:

https://www.canada.ca/en/immigratio...ealing-family-relationships.html#sponsorships

BR

 

[scylla]

I ALSO FOUND THE BELOW THAT SUGGEST ABILITY FOR APPLICANT TO REQUEST H&C IF SPONSOR IS INELIGIBLE.

BELOW IS THE LINK:

https://www.canada.ca/en/immigratio...ealing-family-relationships.html#sponsorships

BR

Yes, I mentioned that option in one of my earlier responses to you above. You can certainly try this. In my opinion it has a very low chance of succeeding. As I said in my previous post above, if you want to try applying with H&C consideration, then I would recommend you hire an immigration lawyer to assist you.

 

[YVR123]

If you do not want to live seperated, the other option is for your wife to move to where you are and live there with you. But she will risk losting her PR. Since she will not meet her RO if she moved so soon.