Help - sponsor my spouse back to Canada

[entercanada]

Hello, I have a situation that i'm hoping to obtain some guidance.

My wife was found inadmissible for missrepresentation, and has been given an exclusion order of two years. My questions are as follows:

1) Does she have to wait for 5 years before she can apply for me sponsor her back to Canada? (I understand that there is this new law came in affect in late 2014, however, she was given an exclusion order long before that, but we had been appealing the decision, but we lost at the end, and she left Canada in early 2015)

2) What are my options to get her back into Canada.

3) Can we apply for TRP in this situation.

All your advises are appreciated. Thank you very much.

 

[scylla]

1) I think you would fall under the two year rule since the original decision was made before the new rule came into play. Since you appealed, I would confirm that with a good immigration lawyer and also confirm when the two years starts (i.e. from the original decision or from the appeal decision date or from the time she left Canada).

2) None apart from the TRP until the exclusion order is completed.

3) Yes - you can certainly try. Assume it's a long-shot.

 

[entercanada]

Thank you very much for your reply.

We dont mind waiting out the 2 years, just hoping we dont have to wait for 5 years. Thats why we were looking into the TRP.

We did speak to a lawyer recently, he was sure that we fall under the 5 years rule, he said that it doesn't matter if our exclusion order was issued prior. We are just looking for confirmation if what this lawyer said is true.

I would like to have her back to Canada as soon as possible, not necessarily have to apply for permanent residence, if that 5 year rule does apply to us.

For our situation, would you recommend us to apply trp, so she can come back to Canada, and then applying for PR while she is in Canada, or should we wait out the 2 years, then apply for PR to get her back into Canada?

 

[scylla]

I don't think there is any harm trying for the TRP. The worst that can happen is that they say no.

I would check with a second (good) lawyer regarding the exclusion duration. It's critical you know how long it is and from which date (I suspect it's either from the time she left Canada or from the time a decision was made in the appeal).