Five-Year Sponsorship Bar for Previously Sponsored Spouses and Common-Law Partners

Policy effect

Amends section 130 of the Immigration and Refugee Protection Regulations to bar any individual who became a permanent resident after being sponsored as a spouse, common-law partner, or conjugal partner from sponsoring a subsequent spouse, common-law partner, or conjugal partner for a period of at least five years. Phase scope: National application across spousal, common-law, and conjugal partner family class sponsorships.

Conditions and exceptions

Validated condition or limit: Amends section 130 of the Immigration and Refugee Protection Regulations to bar any individual who became a permanent resident after being sponsored as a spouse, common-law partner, or conjugal partner from sponsoring a subsequent spouse, common-law partner, or conjugal partner for a period of at least five years.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… be a Canadian citizen or permanent resident who (2) Subsection 130(2) of the Regulations is replaced by the following: Sponsor not residing in Canada (2) A sponsor who is a Canadian citizen and does not reside in Canada may sponsor a foreign national who makes an application referred to in subsection (1) and is the sponsor’s spouse, common-law partner, conjugal partner or dependent child who has no dependent children, if the sponsor will reside in Canada when the foreign national becomes a permanent resident. 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 … convenience; and (b) to clarify portions of the existing subsection 130(2) of the IRPR with regard to sponsorship. Description and rationale The amendments modify section 130 of the IRPR, which describes the criteria that an individual must meet in order to sponsor a foreign national making an application for permanent residence as a member of the family class or the spouse or common-law partner in Canada class. The amendment bars an individual who became a permanent resident after being sponsored as a spouse, common-law or conjugal partner from sponsoring a new spouse, common-law or conjugal partner unless this individual (a) has been a permanent resident for a period of at least five years immediately preceding the day on which a sponsorship application is filed by the sponsor; or (b) has become a Canadian citizen during the period of five years immediately preceding the day on which a sponsorship application is filed by the sponsor 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. The proposed Regulations, as pre-published in the Canada Gazette, Part Ⅰ, on April 2, 2011, were reworded to ensure …

Review method

Two separate automated exact-claim source reviews

Other Canada changes operative in 2012

• 2012-06-28Protecting Canada's Immigration System Act
• 2012-06-29Jobs, Growth and Long-term Prosperity Act
• 2012-06-30Order Respecting the Interim Federal Health Program, 2012
• 2012-07-01Updated Ministerial Instructions
• 2012-09-11Imposition of Temporary Resident Visa Requirement for Botswana, Namibia, Swaziland, St. Lucia, and St. Vincent
• 2012-10-18Application and Refugee Status Verification Requirements for Groups of Five and Community Sponsors
• 2012-10-25Conditional Permanent Residence for Sponsored Spouses and Partners
• 2012-11-01Regulations Amending the Citizenship Regulations
• 2012-11-23Mandatory In-Person Reporting Requirements for Designated Foreign Nationals
• 2012-12-15Refugee Appeal Division appeal provisions commenced
• 2012-12-19Expedited Asylum Claim Timelines and Work Permit Restrictions for Designated Countries of Origin