Possible to enter Canada during Rehab app. if intending Permanent Residence?

[artabazus]

I am currently applying for Rehabilitation for a DUI that happened six years ago. I submitted the Rehab application last month. My wife is a Canadian Citizen, residing with me in the States. She is moving back north in a month, and I wish to join her as soon as possible.

A couple questions:

Is it possible to file for a temporary resident permit with the stated intention to apply for Permanent Residence while in the country? Is that reason enough for them to let me in before I am deemed rehabilitated?

Should she start the process by filing her Sponsorship application? Could that expedite the process in any way?

Is it possible to file for a Work Permit while on a Temporary Resident Visa?

Any ideas and comments would be greatly appreciated.

Thanks.

 

[RobsLuv]

Criminal inadmissibility and rehabilitation is complicated and there's not a lot of absolutes in the documentation concerning it. For example: a person who is otherwise inadmissible to Canada can be documented on a TRP (Temporary Resident Permit) if an officer determines that there are sufficient humanitarian and compassionate grounds for allowing them to enter (or stay in) Canada in spite of their inadmissibility. What isn't clearly defined in the TRP guide is exactly how someone goes about applying for a TRP (or if they even can on their own), and what it means for future permanent residence or sponsorship. There is information in the guide about someone documented on a TRP being eligible to apply for permanent status after 3 years - but there is no information specifically directed at the eligibility of a TRP recipient to be sponsored for permanent status, and I haven't seen anything in the guides for family class sponsorship that addresses whether someone who is in Canada on a TRP is eligible (or not) to be sponsored.

As far as how someone gets to where they're being assessed as eligible for a TRP - that's not clear either. I know that some people are documented on TRPs after they're already in Canada - if something happens that renders them inadmissible but there are sufficient H&C grounds to allow them to stay anyway. I also know that visa-exempt nationals have been documented on TRPs at Canadian ports of entry when officers determine that there are sufficient grounds to allow them to enter Canada even though they're inadmissible. This would, most probably, be your situation. But, if it was me in that situation, I'd be sure to ascertain before that whether or not it would adversely affect my ability to be sponsored once the Rehab certificate comes through. Logic would assume that once you had a rehab certificate in hand, the reason for your inadmissibility would be overcome and you'd be eligible to be sponsored. But, in my experience, what seems logical in matters Immigration Canada doesn't always turn out that way. And, unfortunately, my experience tells me that even though you'd hope and expect that all CIC officers would be informed - and be consistent in their responses to questions and even their decisions concerning such matters - all too often that isn't the case. Unless you know for sure that you will be able to apply for PR, in spite of being documented on a TRP, you're probably better off remaining in the States until the rehab certificate comes through.

Ultimately, to answer your basic question: simply having intent to apply for permanent residence isn't the criteria that counts as "sufficient grounds" for documenting someone on a TRP. The fact that you're married to a Canadian would be of more consequence . . . but still not a guarantee. The bottom line is - even as the spouse of a Canadian, if you're found criminally inadmissible to Canada your PR application would be refused and you'd have to go through an appeal of the refusal in order to get H&C consideration. That's where the whole exercise of applying for rehabilitated status before applying for PR comes in - so you don't risk refusal of the PR application on grounds that you may be criminally inadmissible.

 

[eyeoftheocean]

I am currently applying for Rehabilitation for a DUI that happened six years ago. I submitted the Rehab application last month. My wife is a Canadian Citizen, residing with me in the States. She is moving back north in a month, and I wish to join her as soon as possible.

A couple questions:

Is it possible to file for a temporary resident permit with the stated intention to apply for Permanent Residence while in the country? Is that reason enough for them to let me in before I am deemed rehabilitated?

Should she start the process by filing her Sponsorship application? Could that expedite the process in any way?




Is it possible to file for a Work Permit while on a Temporary Resident Visa?

Any ideas and comments would be greatly appreciated.

Thanks.

Did you know you can apply for a PARDON while in Canada ? You can send your PR app but have to sit the wait of rehab out for the time spent ! 8)

 

[artabazus]

Wow! Thanks for the amazing replies!

RobsLuv - Thanks for the thoughtful answer. You are right, the guidelines for the TRP are sketchy indeed. I could wait to file for PR after the rehab certificate, but I might need to interview with CUSO ( the Canadian "Peace Corps") and might need a one or two day permit. It is hard to know that if I show up at the border, they would find that reason enough. I wish it wasn't 200 dollars, if it was 50 I would just do it. Thanks again for your time.

eyeoftheoc - Intriguing. In order to do that though, I would need in be in Canada first. Could you explain what you mean by waiting out the time for rehab. I don't quite get it. Thanks.

 

[eyeoftheocean]

What I mean is while in Canada after you have app for PR through spousel sponsership the IO officer will recognise your charge, and depending on the severity of the charge you can pay a fee from $200 - $5000 and wait 5 years from the date you committed the crime until the 5 year time line. i understand you was committed 6 years ago ? for DUI , that charge could come under the 5 year mark ! While your app is being proccessed you can ask for a pardon and that is the $$$$$ you pay. Look on the CIC website under Pardon and it will explain everything