not normally needed for a US sponsored partner...

[tgchi13]

Hello,

My partner (spouse at the time of the reapplication) is an American-born citizen. I know Americans do not normally need permission to visit Canada but due to unforeseen circumstances he was 'granted' an 'allowed to leave' from Canada. This comes with it some good and bad news:

Good in that it is not an extradition or deportation order but bad because CIC messed up. Anyway, moving on to today: When we submit our reapplication following our wedding, we would like to be together here in our home during the processing.

My first question is this: Do we apply for a TRV or a TRP or TVP or some other acronymed permit. because of the 'allowed to leave' my partner border control is no longer expected (or permitted) to allow my partner in the usual straight-forward manner.

My second question is: When is it best to submit the request for TRV/TRP/TVP?

 

[RobsLuv]

You'd not be talking a TRV - that's a Temporary Resident Visa and they're only issued to non-visa-exempt nationals. Don't know what a TVP is . . . temporary visitor permit, maybe? But that's actually referred to as a "Visitor Record" and is used to either limit, clarify or extend temporary status for a visa-exempt national and they're given at the border when someone passes an entry interview and their situation is out of the ordinary. TRPs, or Temporary Resident Permits, are only issued to people that CIC has deemed to be inadmissible to Canada . . . usually for medical or criminal reasons (but sometimes just because CIC screws up). But, from what you've said, it doesn't seem like he's been found inadmissible. It sounds more like he's been excluded from Canada for a period of time because he did something that "contravened" the Act. I know we've "talked" but I'm a bit brain-dead tonight from lack of sleep. We have an appeal coming up next week that we've been waiting on for 2 years . . . so I'm a bit nervous. Anyway, forgive me if I've forgotten particulars.

If I'm not mistaken, an "allowed to leave" would probably be issued when someone overstays their authorized period of entry and is found out. CIC allows them to leave without imposing a deportation order (which would require an Authorization to Return from the Minister's office and a hefty fine before they could even get PR status), but they're still "flagged" at Canadian ports of entry and are likely to be turned back if trying to re-enter Canada. There's no guarantee he'll be allowed back in and if what you say is true, and border control is "not permitted" to allow him to enter normally, he's pretty much shut out until after he is approved for PR.

You don't say what type of "re-application" you're planning to submit after your wedding - I'm assuming you're talking a PR ap, but not sure why it would be a "re" application. My suggestion would be that you get everything prepared now so you can submit an outland application for permanent residence as soon as you're married. That's the fastest way to get him back to Canada. Buffalo is currently finalizing spousal PR aps in 4-10 months, plus you'll have an additional month at the Case Processing Center in Mississauga where they assess you as the sponsor. I'd forget trying to get him here while waiting for the PR ap to process - spend as much time together as you can on his side of the border and don't make waves trying to get him back. As long as his exclusion is not about being inadmissible to Canada, you should have every reason to believe he will have a successful outcome on his PR ap and be able to come to Canada as a landed PR . . . ready to put all this stuff behind him and settle in able to work and live in Canada unencumbered.

 

[AllisonVSC]

Robsluv said "You'd not be talking a TRV - that's a Temporary Resident Visa and they're only issued to non-visa-exempt nationals."

But I was advised by two different IO to apply for one after I (an American and hence visa exempt) was given a Visitor Record with a leave by date. It was the only way I could legally stay beyond my leave by date while my PR was being processed. I was told that if the TRV was denied I would have to leave the country. Fortunately my PR was processed faster than the TRV.

 

[PMM]

Hi

Robsluv said "You'd not be talking a TRV - that's a Temporary Resident Visa and they're only issued to non-visa-exempt nationals."

But I was advised by two different IO to apply for one after I (an American and hence visa exempt) was given a Visitor Record with a leave by date. It was the only way I could legally stay beyond my leave by date while my PR was being processed. I was told that if the TRV was denied I would have to leave the country. Fortunately my PR was processed faster than the TRV.

1. You are confusing apples with oranges.
2. You had a visitor permit, not a TRV. You apply to Vegreville for visitor extensions. TRVs are only issued to non-visa exempt citizens outside Canada.

PMM