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TWP approved flying this Sat - now refused entry - Please Help- Urgent

TWP approved flying this Sat - now refused entry - Please Help- Urgent

Old Sep 8th 2011, 10:09 pm
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Exclamation TWP approved flying this Sat - now refused entry - Please Help- Urgent

Hi,

My TWP was approved last month by the High Commission in London, so I handed in my notice at work and my new Canadian employer has booked my flight for this Saturday. Today I have received an email from my immigration lawyer for my concurent PR application stating 'your application for PR has been refused, due to you being criminally inadmissable ( I had a DUI conviction in 2001). Please do not try and attempt to enter Canada.

What am I now supposed to do? I handed in my notice at work, and am ready to fly out in 2 days. I don't understand how they can approve my work permit and now refuse entry.

Any advice/info is greatly appreciated as I am really panicking right now, even though my immigration lawyer said not to panic - she believes they 'may' have made a mistake, as five years have passed since the conviction, I will fly out on Saturday, but not sure what the outcome will be - can the Immigration officer overide this decision and grant me entry - or just refuse me straight away. I don't believe I am breaking the law, as I have already been approved for my work permit, so am just going on their original decision.

Thanks

Last edited by tron08028; Sep 8th 2011 at 10:54 pm.
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Old Sep 8th 2011, 11:30 pm
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Default Re: TWP approved flying this Sat - now refused entry - Please Help- Urgent

Originally Posted by tron08028
Hi,

My TWP was approved last month by the High Commission in London, so I handed in my notice at work and my new Canadian employer has booked my flight for this Saturday. Today I have received an email from my immigration lawyer for my concurent PR application stating 'your application for PR has been refused, due to you being criminally inadmissable ( I had a DUI conviction in 2001). Please do not try and attempt to enter Canada.

What am I now supposed to do? I handed in my notice at work, and am ready to fly out in 2 days. I don't understand how they can approve my work permit and now refuse entry.

Any advice/info is greatly appreciated as I am really panicking right now, even though my immigration lawyer said not to panic - she believes they 'may' have made a mistake, as five years have passed since the conviction, I will fly out on Saturday, but not sure what the outcome will be - can the Immigration officer overide this decision and grant me entry - or just refuse me straight away. I don't believe I am breaking the law, as I have already been approved for my work permit, so am just going on their original decision.

Thanks
I think I would probably be asking my lawyer for much more assistance at this point! She needs to find out whether they can override this decision or not. Telling you that they MAY have made a mistake is not good enough. Get your money's worth and make her do some research for you.

You need to be armed with the relevant legislation to prove to the Border Officer that the decision to refuse you entry is wrong and why you believe this to be so. Do you have a current police certificate to hand as well?
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Old Sep 8th 2011, 11:37 pm
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Post Re: TWP approved flying this Sat - now refused entry - Please Help- Urgent

Originally Posted by AmyDavid
I think I would probably be asking my lawyer for much more assistance at this point! She needs to find out whether they can override this decision or not. Telling you that they MAY have made a mistake is not good enough. Get your money's worth and make her do some research for you.

You need to be armed with the relevant legislation to prove to the Border Officer that the decision to refuse you entry is wrong and why you believe this to be so. Do you have a current police certificate to hand as well?
Thanks AmyDavid,

I was thinking the same thing (its okay for her to be calm - she's not the one flying out tommorow). I have a copy of my police certificate (I gave the original one to the high Commision). She has said she will ring me tommorow, I will email her now. This is a complete disaster and if I am refused entry, then I don't know what I will do - I very much doubt I will get my job back after handing in my notice three weeks ago.
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Old Sep 9th 2011, 12:01 am
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Default Re: TWP approved flying this Sat - now refused entry - Please Help- Urgent

Originally Posted by tron08028
Thanks AmyDavid,

I was thinking the same thing (its okay for her to be calm - she's not the one flying out tommorow). I have a copy of my police certificate (I gave the original one to the high Commision). She has said she will ring me tommorow, I will email her now. This is a complete disaster and if I am refused entry, then I don't know what I will do - I very much doubt I will get my job back after handing in my notice three weeks ago.
My understanding is if you try and enter Canada, now knowing you are criminally inadmissible (Immigration know as well now) and are found out, you would be deported and probably not allowed back into Canada again. If you are refused entry you would be detained at the POE until you can get on a return flight to your Point of Origin (hate using the acronym for that one).

Personally I would not consider trying to get into Canada until you have this resolved.

DUI is criminally inadmissible, which is on the CIC website.

http://www.cic.gc.ca/english/visit/f...issibility.asp

It would seem that the chances of flying out on Saturday are slim. You may want to see if you can re-book your flight before losing the fare by not showing up.

Not believing you are breaking the law is not the same as not breaking the law. The PR refusal came subsequent to the WP, so may over ride that. Your lawyer should be advising you on what to do, on a forum such as this we can only speculate.

Last edited by Aviator; Sep 9th 2011 at 12:04 am.
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Old Sep 9th 2011, 12:02 am
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Default Re: TWP approved flying this Sat - now refused entry - Please Help- Urgent

Originally Posted by tron08028
Thanks AmyDavid,

I was thinking the same thing (its okay for her to be calm - she's not the one flying out tommorow). I have a copy of my police certificate (I gave the original one to the high Commision). She has said she will ring me tommorow, I will email her now. This is a complete disaster and if I am refused entry, then I don't know what I will do - I very much doubt I will get my job back after handing in my notice three weeks ago.
I would let her know that alongside the copy legislation you want her to write a letter that you can show the border officer, setting out why they are wrong and you should be allowed in. She should also make sure she is available to speak to Border Services when you arrive, should you need her to.

Did you declare the conviction when you applied for PR?
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Old Sep 9th 2011, 12:06 am
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Post Re: TWP approved flying this Sat - now refused entry - Please Help- Urgent

Originally Posted by AmyDavid
I would let her know that alongside the copy legislation you want her to write a letter that you can show the border officer, setting out why they are wrong and you should be allowed in. She should also make sure she is available to speak to Border Services when you arrive, should you need her to.

Did you declare the conviction when you applied for PR?
Thanks Amydavid,

I declared my conviction for both the TWP and PR. I will email her again with your advice, thanks alot, you have much more helpful than she has.
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Old Sep 9th 2011, 12:21 am
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Default Re: TWP approved flying this Sat - now refused entry - Please Help- Urgent

Originally Posted by The Aviator
My understanding is if you try and enter Canada, now knowing you are criminally inadmissible (Immigration know as well now) and are found out, you would be deported and probably not allowed back into Canada again. If you are refused entry you would be detained at the POE until you can get on a return flight to your Point of Origin (hate using the acronym for that one).

Personally I would not consider trying to get into Canada until you have this resolved.

DUI is criminally inadmissible, which is on the CIC website.

http://www.cic.gc.ca/english/visit/f...issibility.asp

It would seem that the chances of flying out on Saturday are slim. You may want to see if you can re-book your flight before losing the fare by not showing up.

Not believing you are breaking the law is not the same as not breaking the law. The PR refusal came subsequent to the WP, so may over ride that. Your lawyer should be advising you on what to do, on a forum such as this we can only speculate.
Thanks The Aviator,

I have just emailed them again asking for advice.
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Old Sep 9th 2011, 12:26 am
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Default Re: TWP approved flying this Sat - now refused entry - Please Help- Urgent

Originally Posted by tron08028
Thanks Amydavid,

I declared my conviction for both the TWP and PR. I will email her again with your advice, thanks alot, you have much more helpful than she has.
Good luck and let us know how you get on. Good luck
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Old Sep 9th 2011, 12:46 am
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Post Re: TWP approved flying this Sat - now refused entry - Please Help- Urgent

Originally Posted by AmyDavid
Good luck and let us know how you get on. Good luck
Thanks AmyDavid,

I have just cancelled my flight. Do you think I should appeal this decision via fax today, and ask why the TWP was approved even though I declared my previous conviction and now I am deemed inadmissable, as I am not sure exactly what to do regarding this, and my new employer is now asking if I am coming to Canada or not?

This is really frustrating, I sent $1200 to secure an appartment, have taken out a 3 month insurance policy, have handed in my notice, sold my car - Thank you CHC.

Thanks

Last edited by tron08028; Sep 9th 2011 at 12:56 am.
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Old Sep 9th 2011, 12:57 am
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Default Re: TWP approved flying this Sat - now refused entry - Please Help- Urgent

Originally Posted by tron08028
Thanks The Aviator,

I have just emailed them again asking for advice.
Crappy situation to be in. Hope it works out for the best.
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Old Sep 9th 2011, 1:00 am
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Thumbs down Re: TWP approved flying this Sat - now refused entry - Please Help- Urgent

Originally Posted by The Aviator
Crappy situation to be in. Hope it works out for the best.
Thanks The Aviator,

I really hope so too, I could end up with no job, no place and no visa
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Old Sep 9th 2011, 1:11 am
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Default Re: TWP approved flying this Sat - now refused entry - Please Help- Urgent

Originally Posted by tron08028
Thanks AmyDavid,

I have just cancelled my flight. Do you think I should appeal this decision via fax today, and ask why the TWP was approved even though I declared my previous conviction and now I am deemed inadmissable, as I am not sure exactly what to do regarding this, and my new employer is now asking if I am coming to Canada or not?

This is really frustrating, I sent $1200 to secure an appartment, have taken out a 3 month insurance policy, have handed in my notice, sold my car - Thank you CHC.

Thanks
If you have a lawyer acting for you - you really need to speak to her and get her views on this - she needs to move on this for you and get to the bottom of what is going on - without knowing the exact details of your case, it is hard to say what you should do for the best.
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Old Sep 9th 2011, 8:28 am
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Default Re: TWP approved flying this Sat - now refused entry - Please Help- Urgent

the difference is as i understand it, a twp is temporary, you are ok to go there and work, but not good enough to stay for good (permanent residency) until you have been rehabilitated.

its not worth the risk of being permanently inadmissable due to hiccups, i know it must be devastating at this last hurdle, but best hope is to sit tight and get lawyer working on it for you. its what you are paying her for
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Old Sep 9th 2011, 8:38 am
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Default Re: TWP approved flying this Sat - now refused entry - Please Help- Urgent

What a horrid situation, I do hope you get it sorted.

Do you have criminal rehab though? You would have needed it from my understanding, as you are only automatically deemed rehabiliated after 10 years, but you haven't mentioned it?

You'd definitely need rehab to apply for PR, and I believe to enter Canada for any reason at all, although hopefully a pro will confirm or correct that. Fingers crossed PMM sees this thread later and gives you the definitive answer!
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Old Sep 9th 2011, 8:58 am
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Post Re: TWP approved flying this Sat - now refused entry - Please Help- Urgent

Originally Posted by christmasoompa
What a horrid situation, I do hope you get it sorted.

Do you have criminal rehab though? You would have needed it from my understanding, as you are only automatically deemed rehabiliated after 10 years, but you haven't mentioned it?

You'd definitely need rehab to apply for PR, and I believe to enter Canada for any reason at all, although hopefully a pro will confirm or correct that. Fingers crossed PMM sees this thread later and gives you the definitive answer!
Thanks christmasoompa,

I will wait and see wait my immigraton lawyer has to say. I have not yet applied for criminal rehabilitation, as when I applied for the TWP I sent off my police certificate, memorandum of conviction and statements, and then if they said I needed rehabilitation, I would have applied for it, but as far as I knew the TWP was approved, so there was no problem. Will keep you updated, does anyone know how long criminal rehabilitation takes - as I am not sure my new employer is prepared to wait very long. I have already contacted my previous employer to beg for my job back (as bad as it was), in the worst case scenario.

Last edited by tron08028; Sep 9th 2011 at 9:01 am.
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