HELP : Temporary Resident Permit to accompany Work Permit for my partner...
#76
Re: HELP : Temporary Resident Permit to accompany Work Permit for my partner...
Hi
1. Except that you mind find at the POE that they will report you and issue a removal order rather than a TRP.
Yeah I can understand that, and common sense would tell you that they wouldn't like you to do this, since it causes more work for them... but without wanting to sound arrogant, what can they do to stop you? Can they stop you from trying to travel to canada and applying at the POE while you have an ongoing application... the worst they could do is tell you that doing so while having an ongoing postal application would adversly affect your chances of getting whatever visa you wanted at the POE... does anyone think they would do this?
Does anyone know any official docs that state you shouldnt do this?
(I will have a forum search and see if I can uncover what you are saying about potential other members that might have tried this)
Its partly their own fault for having such disparate systems and such massively different processing times, that seem to be unfair for no reason on people that use the CIC in London.
Does anyone know any official docs that state you shouldnt do this?
(I will have a forum search and see if I can uncover what you are saying about potential other members that might have tried this)
Its partly their own fault for having such disparate systems and such massively different processing times, that seem to be unfair for no reason on people that use the CIC in London.
1. Except that you mind find at the POE that they will report you and issue a removal order rather than a TRP.
#77
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Re: HELP : Temporary Resident Permit to accompany Work Permit for my partner...
PMM - Are you meaning they would do this BECAUSE we applied at the POE while also having an application with the CIC in London?
#78
Re: HELP : Temporary Resident Permit to accompany Work Permit for my partner...
Hi
No, because the person was inadmissible and CBSA officer felt that the person didn't fit into the following. "there may be compelling reasons for an officer to issue a temporary resident permit to allow a person who does not meet the requirements of the Act to enter or remain in Canada." IP Manual Chptr. 1
There are 3 options, issue TRP, Allow to leave, issue removal order.
There are 3 options, issue TRP, Allow to leave, issue removal order.
#79
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Re: HELP : Temporary Resident Permit to accompany Work Permit for my partner...
Ah yes, I totally understand that, thats the same reason why we still might get a no for his TRP from the CIC in London...
No I am specifically asking, would it be really bad for us to try to come to Canada and apply at the POE even though we have first applied (and still have) an application with the London Embassy.
Effectively the CIC in london has told us they will not give us ANY indication of how long it will take to finalize his application for a TRP (weeks, months, years), so I'm asking is it possible that we take a chance and come to Canada and apply as we land. That way we will know one way or another (yes or no) within a sensible time... If it is a no, we go home and then we have saved ourself the hassle of waiting another 6+ months only to get a no from the London Embassy.
No I am specifically asking, would it be really bad for us to try to come to Canada and apply at the POE even though we have first applied (and still have) an application with the London Embassy.
Effectively the CIC in london has told us they will not give us ANY indication of how long it will take to finalize his application for a TRP (weeks, months, years), so I'm asking is it possible that we take a chance and come to Canada and apply as we land. That way we will know one way or another (yes or no) within a sensible time... If it is a no, we go home and then we have saved ourself the hassle of waiting another 6+ months only to get a no from the London Embassy.
#80
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Re: HELP : Temporary Resident Permit to accompany Work Permit for my partner...
I'm guessing the embassy probably won't reply to my request about this, they will probably ignore it. Since I have asked them for advice about this and if there would be any reason for not doing it.... I guess they think its not important enough for a reply... *sigh*
#81
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Re: HELP : Temporary Resident Permit to accompany Work Permit for my partner...
The Embassy replied to my partner now about our request to apply at the POE...
They informed us that applications for TRPs are "not considered a priority within the temporary resident unit".
So therefore we take this to mean that are not going to process his application for a TRP (well maybe not for years anyway), despite us giving them a processing fee!!
It looks likely that we will now travel to Canada and try to apply for his work permit and TRP at the POE as we land.
The embassy told us that doing this would be at "our own risk", a "new processing fee would be payable" and "entry and duration of stay is at the discretion of an officer at the port of entry".
Which we know anyway, but it seems this is favourable than waiting an eternity to hear back from the CIC in London.
IrishGirl, could I ask you some questions about your experience applying for a TRP at the POE. And if the situation for your husband is similar to my partner.
We are also going to get some advice for an immigration lawyer or consultant about his chances of being granted a TRP when we land, give his situation/record.
Thanks.
They informed us that applications for TRPs are "not considered a priority within the temporary resident unit".
So therefore we take this to mean that are not going to process his application for a TRP (well maybe not for years anyway), despite us giving them a processing fee!!
It looks likely that we will now travel to Canada and try to apply for his work permit and TRP at the POE as we land.
The embassy told us that doing this would be at "our own risk", a "new processing fee would be payable" and "entry and duration of stay is at the discretion of an officer at the port of entry".
Which we know anyway, but it seems this is favourable than waiting an eternity to hear back from the CIC in London.
IrishGirl, could I ask you some questions about your experience applying for a TRP at the POE. And if the situation for your husband is similar to my partner.
We are also going to get some advice for an immigration lawyer or consultant about his chances of being granted a TRP when we land, give his situation/record.
Thanks.
#82
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Re: HELP : Temporary Resident Permit to accompany Work Permit for my partner...
For anyone that is still interested or in a similar situation, or needs to apply for a TRP. My advice would be to NOT apply at the CIC embassy in London.
Its unlikely that you will get any kind of decision or completed application back, either a yes or a no. and it will just be a waste of your money for the proccessing fee, since (if like us) they will just keep your application on hold and tell you they are highly unlikely to process it.
I dont know why they advertise the TRP route on their website and give examples of how you might need a TRP, since they are unwilling to come to any deciion about a TRP application.
Realy dissapointed that it has played out like this.
Me and my partner are now going to fly to Canada to try and get his work permit and temporary resident permit as we land, and hope that on the day the immigration worker that deals with our case decides that my partner accompanying me to live/work in canada is a "compelling" enough reason for him to be granted a TRP. and overcome his minor record almost 4 years ago.
Im going to speak to my employers in Canada today since I have told them the plan and they are happy to agree with this route but we need to discuss some conditions. i.e. I think they are going to want me to agree to stay and work whatever the outcome of my partners permit or talk about compensation for costs if he has to go home, since they would be paying our flight and temp accomodation in Canada.
Thanks for the support guys and the specific help irishgirl.
Its unlikely that you will get any kind of decision or completed application back, either a yes or a no. and it will just be a waste of your money for the proccessing fee, since (if like us) they will just keep your application on hold and tell you they are highly unlikely to process it.
I dont know why they advertise the TRP route on their website and give examples of how you might need a TRP, since they are unwilling to come to any deciion about a TRP application.
Realy dissapointed that it has played out like this.
Me and my partner are now going to fly to Canada to try and get his work permit and temporary resident permit as we land, and hope that on the day the immigration worker that deals with our case decides that my partner accompanying me to live/work in canada is a "compelling" enough reason for him to be granted a TRP. and overcome his minor record almost 4 years ago.
Im going to speak to my employers in Canada today since I have told them the plan and they are happy to agree with this route but we need to discuss some conditions. i.e. I think they are going to want me to agree to stay and work whatever the outcome of my partners permit or talk about compensation for costs if he has to go home, since they would be paying our flight and temp accomodation in Canada.
Thanks for the support guys and the specific help irishgirl.
Last edited by Moondoggy; Nov 14th 2011 at 11:04 am. Reason: minor typo
#83
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Re: HELP : Temporary Resident Permit to accompany Work Permit for my partner...
I think you are being unfair. The CIC's website clearly states that TRPs are only issued in exceptional circumstances and for compelling reasons. I don't don't see either in your case. It also clearly states that there is no guarantee a TRP will be issued and if you do apply for one your application fee is non-refundable. They don't give any guarantees on processing times.
I don't think it unreasonable that they prioritize the applications of law abiding people ahead of applications from criminals. I know this makes me sound callous but I suspect you would agree with me if your circumstances were different.
I hope it goes well for you at the POE.
I don't think it unreasonable that they prioritize the applications of law abiding people ahead of applications from criminals. I know this makes me sound callous but I suspect you would agree with me if your circumstances were different.
I hope it goes well for you at the POE.
#84
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Re: HELP : Temporary Resident Permit to accompany Work Permit for my partner...
I think you are being unfair. The CIC's website clearly states that TRPs are only issued in exceptional circumstances and for compelling reasons. I don't don't see either in your case. It also clearly states that there is no guarantee a TRP will be issued and if you do apply for one your application fee is non-refundable. They don't give any guarantees on processing times.
I don't think it unreasonable that they prioritize the applications of law abiding people ahead of applications from criminals. I know this makes me sound callous but I suspect you would agree with me if your circumstances were different.
I hope it goes well for you at the POE.
I don't think it unreasonable that they prioritize the applications of law abiding people ahead of applications from criminals. I know this makes me sound callous but I suspect you would agree with me if your circumstances were different.
I hope it goes well for you at the POE.
It does state that the processing fee is no refundable, but the situation facing my partner and me now is, they seem to be telling us they wont be processing our application. So therefore taking the processing fee without doing any "processing"! That's what I consider unfair. Plus waiting 21 weeks before informing us of this fact...
And yes I totally agree that normal applications should take priority over criminal applications, but there must come a time when even something which is low priority gets seen to, else stuff like that will get forgotten indefinitely.
My main annoyance with the CIC in London is not the situation or how they handle application internally, thats their business... its how they communicate with their applicants and have an apparant total lack of compassion for them or even remotely try to be helpful to them.
If when we applied 21 weeks ago they contacted us and said something like "sorry, we dont have the resources to process your partners TRP and it is going to take AT LEAST 6 months before you get a response" or even something like "sorry we cant give you a definite decision right now, but it looks unlikely that you will get a TRP" then I wouldnt be mad at all. We could plan for stuff like that... But just completely giving your applicants/customers a blank face all the time... thats just unfair.
#85
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Re: HELP : Temporary Resident Permit to accompany Work Permit for my partner...
Try being one of the people in this thread.. http://britishexpats.com/forum/showt...613186&page=97 in particular I have "coffeepot" in mind.. 53 months with no update and no responses.
Perhaps you should have considered your partners "minor criminal conviction" prior to making an application for a TWP. I don't want to be contentious but really the onus was on you to ascertain whether he could enter Canada prior to your application, rather than expecting CIC to put his application to the forefront.
Consider this: For every person that they "rush" through, someone like 'coffeepot' is put further behind in the cue for processing.
I don't think that is fair either.
Perhaps you should have considered your partners "minor criminal conviction" prior to making an application for a TWP. I don't want to be contentious but really the onus was on you to ascertain whether he could enter Canada prior to your application, rather than expecting CIC to put his application to the forefront.
Consider this: For every person that they "rush" through, someone like 'coffeepot' is put further behind in the cue for processing.
I don't think that is fair either.
#86
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Re: HELP : Temporary Resident Permit to accompany Work Permit for my partner...
Yes, that is my one true regret about this... Not fully investigating the situation before getting a job in Canada...
I still stand by my conviction that the London Embassy should be a lot more helpful to their applicants.
At the end of the day, I'm not asking for preferential treatment. Just a response in a reasonable time and not to be strung along.
If this is a resources issue and the embassy doesn't have enough people/funding to deal with the application demands... Maybe they should advertise that officially on their website or somewhere...
I still stand by my conviction that the London Embassy should be a lot more helpful to their applicants.
At the end of the day, I'm not asking for preferential treatment. Just a response in a reasonable time and not to be strung along.
If this is a resources issue and the embassy doesn't have enough people/funding to deal with the application demands... Maybe they should advertise that officially on their website or somewhere...
#87
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Re: HELP : Temporary Resident Permit to accompany Work Permit for my partner...
Yes, that is my one true regret about this... Not fully investigating the situation before getting a job in Canada...
I still stand by my conviction that the London Embassy should be a lot more helpful to their applicants.
At the end of the day, I'm not asking for preferential treatment. Just a response in a reasonable time and not to be strung along.
If this is a resources issue and the embassy doesn't have enough people/funding to deal with the application demands... Maybe they should advertise that officially on their website or somewhere...
I still stand by my conviction that the London Embassy should be a lot more helpful to their applicants.
At the end of the day, I'm not asking for preferential treatment. Just a response in a reasonable time and not to be strung along.
If this is a resources issue and the embassy doesn't have enough people/funding to deal with the application demands... Maybe they should advertise that officially on their website or somewhere...
Having been on the receiving end of London CIC's blunders and delays I totally sympathise with everyone and anyone who is blindly wandering in the dark whilst waiting for a response. For me, what should have been a relatively simple process taking no longer than a year or two took 5 years, all of which was down to London CIC's inefficiency and errors.
I hope that you get a good result at the POE, fingers crossed for you.
#88
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Re: HELP : Temporary Resident Permit to accompany Work Permit for my partner...
Ouch! That is harsh 5 years instead of 2! Sorry to hear that...
Thank you for your support. The day we do fly, knowing that my partner might have to come home (without me) is probably going to be the hardest/longest day of our lives.
Fingers crossed that we get a helpful sympathetic immigration worker who deals with our case when we land!
Thank you for your support. The day we do fly, knowing that my partner might have to come home (without me) is probably going to be the hardest/longest day of our lives.
Fingers crossed that we get a helpful sympathetic immigration worker who deals with our case when we land!
#89
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Re: HELP : Temporary Resident Permit to accompany Work Permit for my partner...
Actually, I have been doing some more reading (always reading official documents and immigration laws, that occupies my time atm ) and maybe it might turn out that my partners doesnt need a TRP to enter canada after all.
All the official documentation states that to be classed as "deemed rehabilitated" it is usually 10 years for an inditable conviction, or 5 years for 2 or more summary convictions.
And I have now found information/evidence thats states a singe summary conviction is usually classed as deemed at the border, since it is so minor! Hope this is true.
I'm pretty sure that my partners conviction would be classed as summary in canada law: (Can anyone else who might know more about this, confirm/deny this)
Specific Details of his record:
Offence: "Theft by employee"
Court: "Magistrates court"
Disposal: "Community order for 12 months, unpaid work 40 hours, compensation ~£300, costs £70"
I have read about theft in Canada and I think this would be classed as a summary conviction.
If this is the case then maybe things might not be so risky or stressful at the POE.
All the official documentation states that to be classed as "deemed rehabilitated" it is usually 10 years for an inditable conviction, or 5 years for 2 or more summary convictions.
And I have now found information/evidence thats states a singe summary conviction is usually classed as deemed at the border, since it is so minor! Hope this is true.
I'm pretty sure that my partners conviction would be classed as summary in canada law: (Can anyone else who might know more about this, confirm/deny this)
Specific Details of his record:
Offence: "Theft by employee"
Court: "Magistrates court"
Disposal: "Community order for 12 months, unpaid work 40 hours, compensation ~£300, costs £70"
I have read about theft in Canada and I think this would be classed as a summary conviction.
If this is the case then maybe things might not be so risky or stressful at the POE.
#90
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Re: HELP : Temporary Resident Permit to accompany Work Permit for my partner...
From what I have read, "theft (from an employer or otherwise) of a value of under $5000" is considered a hybrid offence. A hybrid offence initially is treated as a indictable offence until it goes to court, at which time the judge may determin it is a summary offence or can choose to treat it as an indictable one still. (Theft in the amount over $5000 is an indictable offence)
See: http://www.lawyers.ca/statutes/crimi...nada_theft.htm (criminal code of Canada) and http://www.normstanford.com/charges-defended/theft/
Perhaps your lawyer can give you more information.
I don't believe he would be able to claim "deemed rehabilitated" at the POE on the grounds of only 1 conviction.
http://www.cic.gc.ca/english/informa...bilitation.asp
Self-assessment for deemed rehabilitation
You are eligible to apply for deemed rehabilitation at a port of entry if:
you only had one conviction in total or committed only one crime
at least ten years have passed since you completed all sentences - payment of all fees, jail time completed, restitution paid, etc.
the crime you committed is not considered a serious crime in Canada AND
the crime did not involve any serious property damage, physical harm to any person, or any type of weapon.
See: http://www.lawyers.ca/statutes/crimi...nada_theft.htm (criminal code of Canada) and http://www.normstanford.com/charges-defended/theft/
Perhaps your lawyer can give you more information.
I don't believe he would be able to claim "deemed rehabilitated" at the POE on the grounds of only 1 conviction.
http://www.cic.gc.ca/english/informa...bilitation.asp
Self-assessment for deemed rehabilitation
You are eligible to apply for deemed rehabilitation at a port of entry if:
you only had one conviction in total or committed only one crime
at least ten years have passed since you completed all sentences - payment of all fees, jail time completed, restitution paid, etc.
the crime you committed is not considered a serious crime in Canada AND
the crime did not involve any serious property damage, physical harm to any person, or any type of weapon.
Last edited by Siouxie; Nov 16th 2011 at 5:01 pm.