Linsey8287

I have recently put in 2 separate applications to Canada house London, for a temporary residents permit to run along side a work permit. Both refused!

My husband has criminal convictions which we thought weren't a problem as we entered Canada through a POE just over 2 years ago and got a work permit no problem. When it came to renewing our permit we were told his convictions are a problem and we should return to the uk to do our application. Leaving everything we own in Canada, bringing our children back all within a week of our permit ending.
He is deemed inadmissible in their law yet his convictions are "spent" in the uk.
Our applications were overseen by a lawyer yet still they have been refused for the second time. We have the opportunity to apply again before my husbands LMIA runs out if we feel we have something that would make a difference to our application. We are out of ideas and desperate to return.
We provided police records, court reports, excellent references, proof of spent convictions! Literally anything we thought could be of use!
He can apply for criminal rehab from the end of December but by then his LMIA has run out! We can try get a judicial review, which can take a year but all it does is allow our application to be reprocessed

Does anyone have any advice or helpful ideas??

Thanks

Former Lancastrian

When you entered at the POE did you disclose the convictions to CBSA or did they ask about arrests and convictions? If not thats probably why they let you enter.
CBSA make determinations at POEs CIC make them when applying via a VAC or their offices.
A spent conviction in the UK DOESNT mean its spent under Canadian law.

Linsey8287

We offered the paperwork all filled out correctly and they said it wasn't required. They never asked about convictions.
The fact we were allowed in the country previously is not really the problem. The problem is how to get back!
I understand the spent convictions although our Canadian lawyer felt it was a valid reason for us to be allowed the TRP.

christmasoompa

They wouldn't usually ask about the convictions, the onus is on the applicant to know the laws regarding inadmissibility. So the fact that they let you in before is actually not great in CIC's eyes, as your husband should never have tried to enter Canada.

I'm sorry, but if your husband is inadmissible and has had a TRP refused, then there's nothing you can do other than wait until he's eligible to apply for criminal rehab and try that.

Good luck.

Dhil

My father has a DUI and just had his first TRP extension refused. (he had two successful TRPs at the POE). no reason was given, i received the same template email.

So now he is back in England and i am now applying through the high commission, my question is once a trp has been refused will it always get refused now (until the rehab app)

Linsey8287

We applied through the high commission and they have refused us twice.
Did they tell him there was no compelling reason in the email?
I posted another thread on here, someone commented who happened to be a cbsa officer, he stated if it has been refused it will never be excepted unless there is some extremely different evidence supplied.
Apparently even if rehab is approved a Trp is still required.
This has terrified us as we as a family are desperate to get back to Canada!

Former Lancastrian

Not quite correct. If rehabilitation is granted either by deemed one conviction and 10 years has passed since completion of sentence or individual rehabilitation 2 or more convictions was applied for and letter of rehabilitation was issued then no TRP is required. Those not eligible for rehabilitation must get a TRP.
Those who are not eligible for rehabilitation and have had TRPs refused and reapplying and still not eligible for rehabilitation will normally have them refused until eligible to apply for rehabilitation.

One conviction eligible to apply after 5 yrs or deemed after 10 yrs
Two or more convictions eligible after 5 yrs
Those with serious convictions under section 36(1) will never be deemed but can apply for individual rehabilitation.

Dhil

No we didnt get a reason, i will give them a call and see if they will give one.
my parents came to stay with me so they can be here for the birth of their grandchild.

if you have a compelling reason to go back to canada I believe you can appeal the decision, the process of which i dont know, immigration lawyer is the best bet.

i am going through an appeal stage of a different matter of which i will create a new thread.

Dhil

I am reapplying for compassionate reasons now, my little one is sick (heart condition) and am hoping they will reconsider. my parents are retired and have been a huge support to my wife and I.

if the reason to apply is different will it still get refused?

Former Lancastrian

The examining officer at an office overseas or at a POW will review the circumstances and decide if the reasons given for a TRP meet the requirements for issuance. You wont get a 100% answer on this or any forum.

Shirtback

@linsey8287:

If your husband needs to apply for rehabilitation, and has been told so by CIC, applying/reapplying incessantly for a TRP won't do zip (other than frustrate you/him & cause even more stress).

It sounds as if your husband was always ineligible to enter Canada, but "slipped through" unwittingly.

It also sounds as if you're not getting great advice from your lawyer (or perhaps it's just not coming through here quite right).

Linsey8287

I have never heard the same piece of advice twice which is very frustrating! Not on here or from various lawyers!
What I do hear is constant negativity on here and positivity from lawyers. Of course the lawyers are trying to sell themselves!
We have never been told by CIC to do anything. They are unhelpful as everything is a standard template and can only be contacted by email.

Dhil I hope your problem gets resolved. Sounds like you need your family around right now.

Shirtback

Actually, you have been given the same piece of advice here, more than once, albeit couched in different terms/manner of delivery.

If your husband has been deemed inadmissible, he needs to sort it out: applying for rehabilitation has been suggested (once he is eligible).

CIC will not tell you what to do. That's not their job. I know it's tough, but the onus is always on an applicant to research & find out what is necessary.

What has your lawyer said about rehabilitation?

The fact that your husband was originally granted a work permit and allowed to enter Canada is now irrelevant. It has now come to light/CIC realised that he was (and still is, apparently) inadmissible.

I don't see the information here as "negative". It seems very realist to me.

I DO understand that you and your family are in an awful situation .