Sponsoring second time-

[yh1106]

Hello, I am a Canadian citizen, I was previously married and due to him cheating on me I decided to get a divorce only after living together 6 months. 3 months in Algeria and when we arrived in Canada with his PR ( which was issued July 2015) , in November 2015 we ended up separating in January 2016- I filed for divorce after having to wait one year- After separating I developed a new relationship with an old friend of mine in Algeria. We ended up getting married in November 2017 - He already has a temporary resident visa valid until 2025.
I know the law is I have to wait 3 years , since my ex husband received his PR. Is it from the time he received his pr on his passport or is it when he entered Canada? I am planning on sponsoring my current husband, but I am worried they will deny my application due to the fact that I sponsored before, and the timelines are quite close... please advise

 

[Wakki]

The 3 years rule starts from the time your ex husband entered and landed as a PR in Canada not when the PR visa was issued.

Refer.....
Who can’t become a sponsor
You can’t be a sponsor if you:

• sponsored a previous spouse or partner and three years have not passed since this person became a permanent resident

 

[yh1106]

The 3 years rule starts from the time your ex husband entered and landed as a PR in Canada not when the PR visa was issued.

Refer.....
Who can’t become a sponsor
You can’t be a sponsor if you:

• sponsored a previous spouse or partner and three years have not passed since this person became a permanent resident

So if I send my application in November it should be fine ? My husband is coming July 17th by the time November hits he will have until January 17th which will mark the 6 months rule...he will have to leave Canada and come back. Or once we apply can he stay until we hear a response from Canada Immigration ?

 

[Wakki]

if November 2018 is 3 years or more from the date your ex-husband entered/landed and became PR in Canada......you should be fine.

If you are planning Inland spousal Sponsorship.......will advice you ensure IRCC receives the sponsorship application before January 17th......also, will advice you apply for visitor visa extension, to keep your husband in status just in case unexpectedly for whatever reason your application package is returned........also, will advice if you apply Inland sponsorship to include an application for Open Work Permit (OWP) with the spousal sponsorship.......if the OWP application is received when your husband still have legal visitor status, OWP application will grant him implied status........for OWP ensure you pay the correct fees ($100 + $155 = $255) to avoid application been returned.

 

[yh1106]

if November 2018 is 3 years or more from the date your ex-husband entered/landed and became PR in Canada......you should be fine.

Seems you are planning Inland spousal Sponsorship.......will advice you ensure IRCC receives the sponsorship application before January 17th......also, will advice you apply for visitor visa extension, to keep your husband in status just in case unexpectedly for whatever reason your application package is returned........also, will advice if you apply Inland sponsorship to include an application for Open Work Permit (OWP) with the spousal sponsorship.......if the OWP application is received when your husband still have legal visitor status, OWP application will grant him implied status........for OWP ensure you pay the correct fees ($100 + $155 = $255).

Wakki Thank you soo much for your help - I will look for the application to extend his visa when the time comes..- Do I send that with the sponsorship application and OWP or do i send the extended visa form alone ?

 

[yh1106]

Last question I promise !

 

[Wakki]

visitor visa extension is different and should not be sent with the sponsorship application.

You can submit application for OWP with Inland spousal sponsorship application package.