Same-Sex Divorce + Remarriage Spousal Sponsorship Lawyer
For same-sex couples navigating IRPA Regulation 130(3) 5-year sponsorship restriction and remarriage scenarios.
IRPA Regulation 130(3) — 5-Year Bar
Sponsor cannot sponsor new spouse within 5 years of previous spouse receiving PR. Prevents repeated sponsorship abuse.
Examples:
- Sponsored former partner who got PR 2022 — cannot sponsor until 2027
- Were sponsored by former partner who got PR 2023 — does NOT bar you from sponsoring
Strategic Path: Wait or Alternative
- Wait until 5-year bar expires
- Partner applies via Express Entry with you as accompanying dependent
Multiple Marriage History
- Disclose all marriages in current application
- Provide explanation for each marriage end
- Multiple short-duration marriages may raise concerns
- Previous opposite-sex marriages (coming out later) fully accepted by IRCC — disclose with context
Conditional PR Removal
Until 2017 repeal: spousal-sponsored PRs faced 2-year conditional PR. Legacy cases remain. Condition can be removed if cohabiting; exceptions for documented abuse.
FAQ
I sponsored my ex-partner who got PR. Can I sponsor my new partner now?
IRPA Regulation 130(3) bars sponsoring new spouse for 5 years after previous spouse received PR. Wait until 5-year period expires OR pursue alternative (Express Entry independent).
Multiple previous marriages — will it hurt my sponsorship?
Disclose all with explanations. Multiple marriages do not automatically disqualify. IRCC focuses on bona fides of current relationship.
Conditional PR removal for spouse sponsored before 2017?
Legacy conditional PR cases may apply. Condition removed if cohabiting; exceptions for documented abuse.
Three-Disciplinary Disclosure
- Ontario LSO licence only. Dr. Zhang is LSO-certified in Refugee Law. US bar 2027.
- No PRC law licence — Shanghai cooperating firm.
- Not registered as financial advisors.
Confidential Contact
Phone: (613) 417-1850 (private line) | Book Confidential Consultation