Complicated situation, re: Sponsorship, criminal inadmissibility, TRV and OWP

[Kenuar]

Hello everyone! Thanks for reading and I'm looking forward to some advice and suggestions, as well as personal experience and any information!

I am a Canadian citizen living in Israel with my common law partner. We have a child together.

It turns out that my partner is criminally inadmissible to Canada, something we found out when he tried coming to Canada and was detained and turned back. He submitted an application for criminal rehabilitation about 5 months ago. Based on the information on CIC's website, which I have perused extensively, his application for criminal rehabilitation is likely to be denied, on account of it being only 4 years after the end of his probation. Although, sometimes I think and hope that by the time his application makes it into the hands of the final decision maker, maybe 5 years will already have passed and, fingers crossed, it gets approved.

So that's that.

Additionally, we also submitted an application for family-class sponsorship. I received an email a couple of weeks ago that I have been approved as a sponsor and the application has been forwarded to our local visa office for further processing. Again, I anticipate its being denied, on account of the applicant's criminality. BUT we are planning on appealing on humanitarian and compassionate grounds.

But I have a baby, see? And my family is all in Canada, and all I have here in Israel is just my baby and my partner. I really need a wider support network, plus I want to go back to work, which is impossible here, as daycare is crazy expensive, and I have no profession, so essentially I would be working for minimum wage, which would actually cost me more than staying at home with the baby. These are my reasons for wanting to come back to Canada ASAP!

So I was thinking that my partner should apply for a TRV to come to Canada before his other applications get approved - this is so that we can leave now and start our Canadian life as soon as possible. And I was thinking that once the TRV expires, he can apply for a TRP and a work permit, citing having me and our baby AND a pending application for sponsorship as reasons to stay in Canada.

Is this realistic? Or is it more likely that he wouldn't get an extension on his stay (IF he gets the initial TRV in the first place)? And if he DOES get an extension, is he likely to be approved for an OWP?

If he gets approved for a TRV despite his criminal inadmissibility, does this mean that the processing officer deemed the reason to come to Canada valid, thus qualifying him for a TRP later on? Or is it going to be a one time thing, and he will be asked to leave after the 6 months of the TRV without approval for extension?

If you know anything about any of these issues, please share! And any advice is welcome and GREATLY appreciated!

Thanks for reading!

Because I

 

[Ponga]

While you wait for a more qualified response from a senior member...

I would suspect that the criminal inadmissibility issue would prevent the TRV from being approved and quite possibly a TRP as well. Applying for a TRP just so that he can be with you and your child, to "start our Canadian life as soon as possible", may not be a valid reason in the eyes of CIC/CBSA.

I also don't believe that it would matter if it took the decision maker another year to review his criminal rehabilitation application, because it's likely based on the date that it was received by CIC.

Good luck!

 

[Rob_TO]

Additionally, we also submitted an application for family-class sponsorship. I received an email a couple of weeks ago that I have been approved as a sponsor and the application has been forwarded to our local visa office for further processing. Again, I anticipate its being denied, on account of the applicant's criminality. BUT we are planning on appealing on humanitarian and compassionate grounds.

But I have a baby, see? And my family is all in Canada, and all I have here in Israel is just my baby and my partner. I really need a wider support network, plus I want to go back to work, which is impossible here, as daycare is crazy expensive, and I have no profession, so essentially I would be working for minimum wage, which would actually cost me more than staying at home with the baby. These are my reasons for wanting to come back to Canada ASAP!

I don't think that is a valid reason for H&C in the eyes of CIC, but will let others comment.

Also note that if app is rejected, it can take years to have your case appealed, will cost thousands of dollars in lawyer fees, plus you'll need to travel to Canada to do the appeal hearing . If the applicant is inadmissible and you are sure the app will be rejected you could be better off withdrawing the application and hopefully saving the $475 processing fee, waiting for the 5 years to elapse so he can apply for rehabilitation, and then applying again at that point.

 

[canuck_in_uk]

BUT we are planning on appealing on humanitarian and compassionate grounds.

But I have a baby, see? And my family is all in Canada, and all I have here in Israel is just my baby and my partner. I really need a wider support network, plus I want to go back to work, which is impossible here, as daycare is crazy expensive, and I have no profession, so essentially I would be working for minimum wage, which would actually cost me more than staying at home with the baby. These are my reasons for wanting to come back to Canada ASAP!

Hi

I agree with Rob_TO. Though these are valid reasons for wanting to return to Canada, none of them are H&C grounds. An H&C appeal based on this has little chance of approval and, as Rob said, it will take many years and a LOT of money.

So I was thinking that my partner should apply for a TRV to come to Canada before his other applications get approved - this is so that we can leave now and start our Canadian life as soon as possible. And I was thinking that once the TRV expires, he can apply for a TRP and a work permit, citing having me and our baby AND a pending application for sponsorship as reasons to stay in Canada.

Is this realistic? Or is it more likely that he wouldn't get an extension on his stay (IF he gets the initial TRV in the first place)? And if he DOES get an extension, is he likely to be approved for an OWP?

As a visa-exempt Israeli, he can't even apply for a TRV. So everything you asked in regards to the TRV is not going to happen.

He could try applying for a TRP from Israel. TRP approvals are rare, as a person must show a compelling reason to need to come to Canada that outweighs their inadmissibility. In my opinion, the fact that you and the baby are living in Israel with him means that a TRP is unlikely to be approved.

If the applicant is inadmissible and you are sure the app will be rejected you could be better off withdrawing the application and hopefully saving the $475 processing fee, waiting for the 5 years to elapse so he can apply for rehabilitation, and then applying again at that point.

Agreed.

 

[Kenuar]

As a visa-exempt Israeli, he can't even apply for a TRV. So everything you asked in regards to the TRV is not going to happen.

He could try applying for a TRP from Israel. TRP approvals are rare, as a person must show a compelling reason to need to come to Canada that outweighs their inadmissibility. In my opinion, the fact that you and the baby are living in Israel with him means that a TRP is unlikely to be approved.

I checked with our visa office, and they said that if someone needs a TRP they actually have to submit an application for a TRV. Furthermore, on their site they mention that it takes 24 days to process the TRV application, which I take to mean that they DO accept TRV applications... Am I missing something? Could they mean that they give TRVs to holders of non visa-exempt passports?

And besides, this is what CIC has to say:
"How to apply
If you are a citizen of a visa-exempt country, the visa office responsible for your country or region may have its own application form for temporary resident permits. You should check the visa office to find out about its specific application procedures.

Otherwise, you should submit an application for a temporary resident visa along with supporting documents to explain why you are inadmissible and why it may be justified for you to enter Canada."


So if I move back to Canada with the baby, would that improve my partner's chances of being approved to come to Canada?

 

[keesio]

I checked with our visa office, and they said that if someone needs a TRP they actually have to submit an application for a TRV. Furthermore, on their site they mention that it takes 24 days to process the TRV application, which I take to mean that they DO accept TRV applications... Am I missing something? Could they mean that they give TRVs to holders of non visa-exempt passports?

Yes most likely for residents in Israel who do not have an Israeli passport (foreign residents)

So if I move back to Canada with the baby, would that improve my partner's chances of being approved to come to Canada?

No, it will make it worse. CIC will see that his ties to Canada are too strong (spouse and child in Canada) and make it even more likely to deny him

 

[Kenuar]

No, it will make it worse. CIC will see that his ties to Canada are too strong (spouse and child in Canada) and make it even more likely to deny him

Oh man, talk about being stuck between a rock and a hard place

 

[Ponga]

Not to add to your angst, but...you will likely need to have written permission from the father to take your child with you if you return to Canada.

Since you said "I have a baby", rather than "we have a baby", perhaps this doesn't apply to him, but unless the father is in Canada already, you might still run into a problem.

Hopefully not.

 

[truesmile]

Agree that there are no grounds for an H&C application/appeal here.

 

[canuck_in_uk]

Am I missing something? Could they mean that they give TRVs to holders of non visa-exempt passports?

And besides, this is what CIC has to say:
"How to apply
If you are a citizen of a visa-exempt country, the visa office responsible for your country or region may have its own application form for temporary resident permits. You should check the visa office to find out about its specific application procedures.

Otherwise, you should submit an application for a temporary resident visa along with supporting documents to explain why you are inadmissible and why it may be justified for you to enter Canada."

As said above, the VO processes TRVs for the non visa-exempt foreign residents living in Israel and Cyprus. They don't give TRVs to Israelis.

A TRP app = a TRV app + documentation requesting a TRP. Inadmissible Israelis CAN apply and if approved, will receive the TRP.