27 months with "Implied Status" waiting for Rehab Application

[jcrw]

Hey folks!

New to posting, but I've read other posts in the past. I have a question and was wondering if anyone has had a similar experience.

I'm from the US and married to a Canuck. We've been married for 5 years and lived in the states together before coming to Montreal. I have a Reckless Driving (alcohol related) conviction from 2011 but never had trouble crossing before. It's my only conviction.

On the train, the agent knew about this and said "You should be 'inadmissible' but because of "politics" I'm going to let you in, but I'm going to note on your file you are 'inadmissible'.

I believe this decision sealed my fate. I'd already paid $1k to lawyers who assured me (and wrote an opinion citing case law) that I was NOT inadmissible because Reckless Driving doesn't exist in Canadian law.

Flash forward 2+ years and several applications Denied because of Inadmissibility.

1. My work permit was denied (April 2017) then they sent back my TRP application because of incorrect fees (May 2017)
2. In Sept 2017 my PR was denied because the "Letter of Fairness" they sent was never received / responded to. I was working with a prestigious law firm here, and they filed an appeal, but it was denied in the end.

I'm still waiting on a TRP application with multiple entry since June 2017. I inquired about the status in November and received confirmation in Dec that it was "still in process". The lawyers have always said I have "Implied Status" because I've always had one or more applications in process.

So now, I'm eligible for Rehab in April 2018, but my question is this- if I go to the border without having received my TRP, is it likely they will kick me out of Canada to wait OR will they see that I've already been waiting 2+ years here unable to work, without health insurance, etc. and issue me a TRP on the spot?

I am grateful I've been able to stay with my husband this entire time, but am nervous of getting kicked out for months while they process my rehab and before I apply for another PR application.

Thanks!!!

 

[scylla]

To the best of my knowledge reckless driving that's alcohol related makes you inadmissible to Canada - it's treated as the equivalent of a DUI (it would have been different if it wasn't alcohol related - it's the alcohol part that sinks you). From that perspective it looks to me like the law was correctly applied. I think you were unfortunately given bad advice to apply for spousal sponsorship since you didn't yet qualify for rehab yet.

There won't be a black and while answer to your TRP question unfortunately. If your priority is to avoid being separated from your spouse, I would forget about the border run and submit a new sponsorship application once you qualify for rehab.

 

[jcrw]

So you think without the TRP, the border is guaranteed to make me leave? Even if I have a TRP in process?

 

[jcrw]

To the best of my knowledge reckless driving that's alcohol related makes you inadmissible to Canada - it's treated as the equivalent of a DUI (it would have been different if it wasn't alcohol related - it's the alcohol part that sinks you). From that perspective it looks to me like the law was correctly applied. I think you were unfortunately given bad advice to apply for spousal sponsorship since you didn't yet qualify for rehab yet.

There won't be a black and while answer to your TRP question unfortunately. If your priority is to avoid being separated from your spouse, I would forget about the border run and submit a new sponsorship application once you qualify for rehab.

If I did have the TRP in hand when going to the border, would that help? I'm trying to cut down on Rehab processing times, and have read the border is the fastest. I plan to submit my new PR app at the same time I apply for Rehab. Thanks!

 

[jcrw]

Was also wondering if anyone here has ever had "Implied Status" for over two years?!

 

[scylla]

I'm not convinced you have implied status (difficult to say without a clearer view of what you applied for, when, and dates when you were refused). Looks to me like you're probably out of status right now.

 

[jcrw]

I'm not convinced you have implied status (difficult to say without a clearer view of what you applied for, when, and dates when you were refused). Looks to me like you're probably out of status right now.

Well the CIC confirmed that my TRP application submitted through an office is still processing as of December 2017. So while I'm waiting, I have implied status as a visitor, right?

Also, I re-applied for a TRP before being refused for my PR application.

 

[scylla]

No - that's not really how it works. First of all, you can apply for a TRP while you are out of status - and applying for a TRP doesn't automatically give you implied status. Whether you have implied status depends on whether you were in status at the time you applied for what you're waiting for now. Based on the info available, I think you've been in Canada without status since April or May last year.

 

[jcrw]

No - that's not really how it works. First of all, you can apply for a TRP while you are out of status - and applying for a TRP doesn't automatically give you implied status. Whether you have implied status depends on whether you were in status at the time you applied for what you're waiting for now. Based on the info available, I think you've been in Canada without status since April or May last year.

I was waiting for my PR which wasn't denied until Sept 2017, but in addition to the TRP, we submitted to restore my visitor status.

 

[scylla]

Also, I re-applied for a TRP before being refused for my PR application.

Yes - but that was after your OWP was refused. The PR application does not give you implied status in Canada - it's the OWP that does that. Again, don't have a complete picture of all dates, but based on the info you've provided, it's quite possible you were out of status in Canada as soon as the OWP was refused.

 

[scylla]

I was waiting for my PR which wasn't denied until Sept 2017, but in addition to the TRP, we submitted to restore my visitor status.

Yeah - it's really hard to comment unless you provide full details and tell us about everything you applied for.

 

[scylla]

Here's what you need to give us:

Arrived in Canada: Date (allowed in for six months or shorter?)
Submitted inland application with OWP: Date
OWP refused: Date
Inland application refused: Date
Restoration application submitted: Date
1st TRP application submitted: Date
Restoration application approved (?) or refused (?): Date
1st TRP refused: Date
2nd TRP submitted: Date

 

[scylla]

I'm still not clear when the restoration application was submitted and what the outcome was (if any). Also not clear when the original TRP application was submitted.

 

[scylla]

Looks to me like you've been out of status since late May 2016. This is supported by the fact they had you submit a restoration application. Restoration applications are only submitted once someone is out of status in Canada. Submitting a restoration application doesn't give you implied status (you're still out of status while restoration is processed).

No - CSQ doesn't give you status.

 

[scylla]

I can't believe this- the lawyers I've been working with have never mentioned that I would be out of status at any point. This is earth shattering news.

You should wait until others comment and give their opinions of the situation. None of us here are immigration lawyers or consultants. We're just normal people like you helping each other out.

However I can certainly tell you that a restoration application is only submitted once someone is out of status in Canada (that's the whole point of a restoration application) - and a submitted restoration application doesn't give you status in Canada. That's immigration basics.