Second Wife Sponsorship after Divorce

[scylla]

Thanks a lot for the reply. Just to put more clarity here: My husband and his ex girlfriend planned to migrate to canada because of limited work opportunities in New Zealand and both applied for canadian residence under which my husband was sponsored. (hope this helps)

It's still not clear. See my post above. Which of the two scenarios was it?

 

[juhi1601]

It's still not clear. You need to be very specific in your answers since this may change the outcome. You say both planned to migrate to Canada which would indicate she wasn't Canadian at the time they applied.

Which of these two scenarios is it?

Was she already Canadian and she sponsored him for PR through spousal sponsorship?

OR

Did they immigrate to Canada together through an economic immigration stream like Express Entry and she was the primary applicant?

the second one is precise : The applied through express entry and she was a primary applicant

 

[scylla]

the second one is precise : The applied through express entry and she was a primary applicant

The five year rule doesn't apply. He can sponsor you now.

Fire the consultant. She should have figured this out and is completely incompetent. If you paid any money, ask for it back. Blinding incompetence...

The five year rule only applies to situations where someone obtained PR through spousal sponsorship.

 

[juhi1601]

The five year rule doesn't apply. He can sponsor you now.

Fire the consultant. She should have figured this out and is completely incompetent. If you paid any money, ask for it back. Blinding incompetence...

The five year rule only applies to situations where someone obtained PR through spousal sponsorship.

Oh thats such a great news! thank you so much.. cant be more grateful for this. So as they both applied through Express Entry and his ex was primary applicant have no relation to sponsorship is that what you are saying here ?

 

[scylla]

Oh thats such a great news! thank you so much.. cant be more grateful for this. So as they both applied through Express Entry and his ex was primary applicant have no relation to sponsorship is that what you are saying here ?

The five year rule only applies in situations where the person was sponsored through spousal sponsorship / family class. In that case the person who was sponsored cannot sponsor someone new until the five years have passed, The rule does not apply to situations where a couple immigrated together as part of one application through an economic immigration stream. In economic immigration cases, they immigrated together and obtained PR together. One of them did not sponsor the other.

Just make sure you got married after the divorce was officially finalized and you are good to apply.

 

[YVR123]

Oh thats such a great news! thank you so much.. cant be more grateful for this. So as they both applied through Express Entry and his ex was primary applicant have no relation to sponsorship is that what you are saying here ?

Exactly. So he wasn't sponsored. He is just part of the EE application.

The process that you will go through will be the actual family sponsorship that we asked you about. A PR or citizen of Canada sponsoring a spouse or common law partner.

So there is no 5 years wait in his previous case.

 

[armoured]

Thanks a lot for the reply. Just to put more clarity here: My husband and his ex girlfriend planned to migrate to canada because of limited work opportunities in New Zealand and both applied for canadian residence under which my husband was sponsored. (hope this helps)

Getting a bit closer. But this is very important: was one of them a Canadian and sponsored the other?

Or were they both non-Canadians and they applied to become residents under some economic immigration category? Or some other type of immigration?

This is important because if the latter (economic category), one applied as the principal applicant and the other was a dependent, but neither of them were sponsored. If that's the case, I believe there is no limit on his ability to sponsor.

 

[juhi1601]

Getting a bit closer. But this is very important: was one of them a Canadian and sponsored the other?

Or were they both non-Canadians and they applied to become residents under some economic immigration category? Or some other type of immigration?

This is important because if the latter (economic category), one applied as the principal applicant and the other was a dependent, but neither of them were sponsored. If that's the case, I believe there is no limit on his ability to sponsor.

They both were NZ residents and because of the limited work opportunities on that tiny piece of land they applied through Express Entry where they received invitation to apply based on the score. and his ex girlfriend was a primary applicant and both Gave IELTS etc

 

[armoured]

They both were NZ residents and because of the limited work opportunities on that tiny piece of land they applied through Express Entry where they received invitation to apply based on the score. and his ex girlfriend was a primary applicant and both Gave IELTS etc

Then they were not sponsors in family class and you can both go ahead.

 

[juhi1601]

Then they were not sponsors in family class and you can both go ahead.

this means he can sponsor me?

 

[YVR123]

this means he can sponsor me?

As long as he can meet all the requirement. (pretty basic)

https://www.canada.ca/en/immigratio...ship/spouse-partner-children/eligibility.html

 

[juhi1601]

As long as he can meet all the requirement. (pretty basic)

https://www.canada.ca/en/immigratio...ship/spouse-partner-children/eligibility.html

• You can’t sponsor someone if you’re a permanent resident living outside of Canada.

He is living in India at the moment

 

[YVR123]

• You can’t sponsor someone if you’re a permanent resident living outside of Canada.

He is living in India at the moment

Then he cannot sponsor you until he returns. Since he landed kind of recently, he should be OK with his RO.
But he should keep track of his time outside to make sure that he meets his RO (2 years out of the 5years).

I though you both are INSIDE Canada now.

 

[armoured]

• You can’t sponsor someone if you’re a permanent resident living outside of Canada.

He is living in India at the moment

First, fire your consultant. Second, start reading up yourselves.

Third, prepare everything, take your time, submit when he is resident in Canada.

 

[canuck78]

How long did he spend on Canada after they landed? When did you get married? If he landed and they split up soon after there will certainly be more scrutiny of your application.