Criminal inadmissibility, LMIAs, work permits and sponsorship

[Canadreamer91]

Hey all. Quick summary of my situation.

27 year old licensed electrician from Minnesota
Girlfriend Canadian citizen and lives in Yukon
DUI May 2018 back in MN
TRP applied for 9/18, Issued 1/19 for 6 months on conditions of me finding employment

I have come to the conclusion that the LMIA process is too cumbersome, challenging, and costly for me to achieve one from any small electrical employers, regardless of the actual shortage of skilled electricians in the Yukon. Therefore, since my TRP was issued I've tried 3 times at POE's to get an Open work permit for electrical work, and been denied each time, although I was very close to a green light. The only way I can imagine a positive LMIA situation is finding a large corporate like company with the resources/willingness to go through with it.

Now, Im back in Yukon currently after some traveling, with no way to work and earn money. My greatest fear is that if I don't obtain a work permit of some kind, the chances of me getting a TRP extended or reissued in the future is very low, whereas I would assume it to be a near given had I been able to provide proof of being a functioning member of society via a work permit and job history.

Im very lost as to what to do now. Maybe we can go live back in the states while we work towards common-law eligibility, but even with that, I don't know if I stand any chance of that being approved while technically being criminally inadmissible, or would me being a TRP holder / potential worker give me a fighting chance...?

Is there ANY potential route to residency before criminal rehabilitation?
If no, would perpetual TRP's / Work permits even be an option?
Should I give up this battle and tell her we need to move out of Canada if this relationship is to continue?


Thank you for reading

 

[zardoz]

Hey all. Quick summary of my situation.

27 year old licensed electrician from Minnesota
Girlfriend Canadian citizen and lives in Yukon
DUI May 2018 back in MN
TRP applied for 9/18, Issued 1/19 for 6 months on conditions of me finding employment

I have come to the conclusion that the LMIA process is too cumbersome, challenging, and costly for me to achieve one from any small electrical employers, regardless of the actual shortage of skilled electricians in the Yukon. Therefore, since my TRP was issued I've tried 3 times at POE's to get an Open work permit for electrical work, and been denied each time, although I was very close to a green light. The only way I can imagine a positive LMIA situation is finding a large corporate like company with the resources/willingness to go through with it.

Now, Im back in Yukon currently after some traveling, with no way to work and earn money. My greatest fear is that if I don't obtain a work permit of some kind, the chances of me getting a TRP extended or reissued in the future is very low, whereas I would assume it to be a near given had I been able to provide proof of being a functioning member of society via a work permit and job history.

Im very lost as to what to do now. Maybe we can go live back in the states while we work towards common-law eligibility, but even with that, I don't know if I stand any chance of that being approved while technically being criminally inadmissible, or would me being a TRP holder / potential worker give me a fighting chance...?

Is there ANY potential route to residency before criminal rehabilitation?
If no, would perpetual TRP's / Work permits even be an option?
Should I give up this battle and tell her we need to move out of Canada if this relationship is to continue?


Thank you for reading

Exactly WHY were you given a TRP, as you have not provided any information on the justification? They are supposed to be only issued in exceptional circumstances, so this might be relevant.

 

[scylla]

Hey all. Quick summary of my situation.

27 year old licensed electrician from Minnesota
Girlfriend Canadian citizen and lives in Yukon
DUI May 2018 back in MN
TRP applied for 9/18, Issued 1/19 for 6 months on conditions of me finding employment

I have come to the conclusion that the LMIA process is too cumbersome, challenging, and costly for me to achieve one from any small electrical employers, regardless of the actual shortage of skilled electricians in the Yukon. Therefore, since my TRP was issued I've tried 3 times at POE's to get an Open work permit for electrical work, and been denied each time, although I was very close to a green light. The only way I can imagine a positive LMIA situation is finding a large corporate like company with the resources/willingness to go through with it.

Now, Im back in Yukon currently after some traveling, with no way to work and earn money. My greatest fear is that if I don't obtain a work permit of some kind, the chances of me getting a TRP extended or reissued in the future is very low, whereas I would assume it to be a near given had I been able to provide proof of being a functioning member of society via a work permit and job history.

Im very lost as to what to do now. Maybe we can go live back in the states while we work towards common-law eligibility, but even with that, I don't know if I stand any chance of that being approved while technically being criminally inadmissible, or would me being a TRP holder / potential worker give me a fighting chance...?

Is there ANY potential route to residency before criminal rehabilitation?
If no, would perpetual TRP's / Work permits even be an option?
Should I give up this battle and tell her we need to move out of Canada if this relationship is to continue?


Thank you for reading

The TRP is your only option at this time.

You cannot apply for rehabilitation early - you must wait until five years have passed from the time you completed any sentence / penalty associated with the DUI before you can apply for rehab. PR is not an option until you have applied for rehabilitation and have been approved.

Normally you qualify for an open work permit if you hold a TRP that's at least six months in length. Have you tried applying online rather than at the border? Except in limited / simple circumstances, applying at the border isn't generally recommended.

It's extremely difficult to find companies willing to go through the LMIA process and the LMIA process typically takes 4-6 months to complete. So not a great option - but worth trying to find an employer if that's the only option you have.

 

[Canadreamer91]

The TRP is your only option at this time.

You cannot apply for rehabilitation early - you must wait until five years have passed from the time you completed any sentence / penalty associated with the DUI before you can apply for rehab. PR is not an option until you have applied for rehabilitation and have been approved.

Normally you qualify for an open work permit if you hold a TRP that's at least six months in length. Have you tried applying online rather than at the border? Except in limited / simple circumstances, applying at the border isn't generally recommended.

It's extremely difficult to find companies willing to go through the LMIA process and the LMIA process typically takes 4-6 months to complete. So not a great option - but worth trying to find an employer if that's the only option you have.

Yes I tried that six months TRP loophole at the border and was very close to obtaining it that way, in the end they did not green light me for that reason though. Maybe it would be worth trying that angle through an online application. The reason I tried at the POE is because they issue them on the spot there, instead of an apparent ~4 month wait time.

Also, my TRP was issued for just shorter than six months, maybe 5 months and 27 days or so. That was because the invitation letter was good for six months exactly and then it took me three days to get to the border and receive the TRP which was issued for the duration of the initial invitation. So, that may not bode well in an online application playing that angle. Difficult to tell how much of these things are discretionary for the officiating agent

 

[Canadreamer91]

Exactly WHY were you given a TRP, as you have not provided any information on the justification? They are supposed to be only issued in exceptional circumstances, so this might be relevant.

In my TRP application I cited compassionate and humanitarian grounds to facilitate my relationship, along with proof of relationship and also proof of worker shortage in my field where I am trying to reside. They agreed and printed on the letter of invitation that the TRP was issued for me to find work in Canada.

 

[scylla]

Yes I tried that six months TRP loophole at the border and was very close to obtaining it that way, in the end they did not green light me for that reason though. Maybe it would be worth trying that angle through an online application. The reason I tried at the POE is because they issue them on the spot there, instead of an apparent ~4 month wait time.

Also, my TRP was issued for just shorter than six months, maybe 5 months and 27 days or so. That was because the invitation letter was good for six months exactly and then it took me three days to get to the border and receive the TRP which was issued for the duration of the initial invitation. So, that may not bode well in an online application playing that angle. Difficult to tell how much of these things are discretionary for the officiating agent

Ah - that's the problem. TRP needs to be at least six months to qualify for an OWP. Not sure there's any point applying online since you don't meet the requirements.

 

[zardoz]

In my TRP application I cited compassionate and humanitarian grounds to facilitate my relationship, along with proof of relationship and also proof of worker shortage in my field where I am trying to reside. They agreed and printed on the letter of invitation that the TRP was issued for me to find work in Canada.

They must have been having a good day. I suspect that you got lucky.