+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Had a terrifying experience. I need to know if this was handled correctly or if I should complain.

PaperLantern

Star Member
Oct 18, 2017
124
29
Canada
App. Filed.......
11-12-2018
I'm a Canadian citizen (dual citizen with the USA). I was born in Canada but moved to the USA in childhood and I recently moved back to Canada in order to be closer to my work. I purchased a house here.

So, my wife isn't Canadian. We were applying for spousal sponsorship when we found out that she might be inadmissible due to a shoplifting charge she got as a teenager (19 years old). Since it has been almost five years since the offense (she stole a $50 tank top and received a fine and a misdemeanor in the USA for it), we applied for a TRP until she can apply for rehabilitation and then sponsorship. We got it no problem. The TRP is good for a year and states that she can enter and leave Canada (it doesn't invalidate it if she leaves) and she can stay in Canada until the TRP is done.

Now, we have NEVER had a problem at the border we cross almost every day. She has all her bills in the USA, goes to school there, works there, and maintains an address in the USA. This past weekend we went to visit family in the USA and we tried crossing through a Canadian border we have never been to to get back to my place since it was closer to her parents and would have saved us time. Boy, were we wrong.

We were held there for about four hours. At first they just wanted to ask about why she had a TRP (which is normal) but then all hell broke loose. The officer started interrogating us about how much time she spends in the USA versus Canada. We were honest and we said she goes to the USA every day but sleeps about 100% of her nights with me because we hate being apart at night. That's when he told us to "Cut the bullshit" and "shut up about psychology". I started crying. I have a really bad anxiety problem and when men start to get aggressive towards me it makes me have panic attacks. He then told me to "stop crying" and that he "doesn't do well around cryers". He added that it doesn't matter if she maintains a US address, has work in the US, and goes to school there if she spends the majority of her nights with me she is technically living in Canada. Then he refused to give us updates. Shoved paperwork at my wife without telling her what it was (we had to talk to another office and ask him what it was). Then, he separated my wife in another room to talk to her. I told the supervisor what was happening and I guess he got talked to because when he came out of the supervisor's office he wouldn't make eye contact with us or talk to us.

We waited, three hours from home, for close to four hours. I had multiple panic attacks when we were told my wife could be excluded from Canada for up to five-years. We offered to show the officer her pay stubs and mail which show her US address (she rents a room to maintain a US address) and to prove that she has work there. He said we weren't going to convince him. Luckily, he told us that he was just turning us around and that we weren't ever going to convince him that she doesn't live illegally in Canada. He added something about not caring that we are a same sex couple (???). He made my wife sign a document that said she was withdrawing her attempt to enter Canada at that border. We drove the three hours home and crossed our usual border with no problem at all.

Now, I need to know, was this handled correctly? What the heck is going on? I was told she was fine to sleep over every night as long as she retained ties to the USA (since she has a TRP). Was he confused between a TRP and a TRV? Am I confused? I'm a nervous wreck that something bad is going to happen.
 

starnaenae

Champion Member
Aug 9, 2016
2,792
837
Category........
FAM
Visa Office......
Mexico
App. Filed.......
March 1 2017
Doc's Request.
March 27, 2017, July 10, 2017
AOR Received.
AOR 1:March 17 2017 AOR 2: May 10, 2017
File Transfer...
April 8, 2017
Med's Request
Upfront - PASSED
Med's Done....
December 12 2016
Interview........
NOT REQUIRED
Passport Req..
March 5, 2018
VISA ISSUED...
March 13, 2018
LANDED..........
April 30, 2018
You can call and see if theres something that can be done (which i doubt). The permit is just a permit. Cbsa has every right to deny anyone entry to canada. Seems he was a hot head and doubt anything will be done
 

PaperLantern

Star Member
Oct 18, 2017
124
29
Canada
App. Filed.......
11-12-2018
That makes sense. Thank you. But, am I doing something illegal by my wife spending nights with me? We were told by him that we were. At the same time, I was told by the office who issued the TRP that she can stay with me until the TRP expires as long as she retains ties to the USA. The officer from last night (the hot head) basically said she can't spend nights with me and the TRP is just so she can visit, have lunch with me, etc. That makes no sense to me as the TRP itself says she can stay in Canada until it expires.
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
That makes sense. Thank you. But, am I doing something illegal by my wife spending nights with me? We were told by him that we were. At the same time, I was told by the office who issued the TRP that she can stay with me until the TRP expires as long as she retains ties to the USA. The officer from last night (the hot head) basically said she can't spend nights with me and the TRP is just so she can visit, have lunch with me, etc. That makes no sense to me as the TRP itself says she can stay in Canada until it expires.
While it sounds like the officer didn't handle the situation in the best way, he was 100% right. Your wife is living in Canada as a visitor and commuting to the US. The fact that she maintains an address where she doesn't actually live is irrelevant. I am surprised she hasn't been refused entry and issued an Exclusion Order already.
 
  • Like
Reactions: KateDR and nayr69sg

PaperLantern

Star Member
Oct 18, 2017
124
29
Canada
App. Filed.......
11-12-2018
She has a TRP (temporary residence permit not temporary residence visa) and it literally says she can stay in Canada until the TRP is expired. Why would she need to sleep in the USA every night if she has legal status to remain in Canada temporarily for a year? The TRP states that leaving Canada for work does not invalidate the TRP (it's a multiple entry TRP). I was told at our usual port that this is fine.
 

kcward7

VIP Member
May 4, 2017
3,788
1,436
While it sounds like the officer didn't handle the situation in the best way, he was 100% right. Your wife is living in Canada as a visitor and commuting to the US. The fact that she maintains an address where she doesn't actually live is irrelevant. I am surprised she hasn't been refused entry and issued an Exclusion Order already.
Is the problem the back and forth here, as opposed to coming into Canada and maintaining temporary residence here?
 

PaperLantern

Star Member
Oct 18, 2017
124
29
Canada
App. Filed.......
11-12-2018
No there is no problem ever at our usual port. She leaves every day and goes to the USA and then comes to sleep over at my place at night. The TRP says this exactly "This is to certify that the person named herein is hereby allowed to come into Canada, or being in Canada, to remain herein for the period during which this permit is in force". Then, at the bottom it says "Departure from Canada WILL NOT invalidate this Temporary Residence Permit". When I look at the Canadian government website concerning the TRP it says as follows:

"A TRP is a document that authorizes a person who is inadmissible or does not meet the requirements of the Immigration and Refugee Protection Act or Regulations either as a temporary resident or as a permanent resident to enter or remain in Canada."

"A work or study permit, or a Temporary Resident visa is not a Temporary Resident Permit. These documents are clearly marked as visas or work and study permits. You are not a temporary resident permit holder unless you are inadmissible and you have been issued a document specifically identified as a Temporary Resident Permit. TRPs are only issued in exceptional circumstance and at the discretion of the processing officer. "

Her TRP was not cancelled last night, she simply had to withdraw her application to enter Canada that night. We crossed at our usual port no problem. The only things she has to fulfill as a TRP holder according to the CIC website are:


Immigration, Refugees and Citizenship Canada (IRCC) has permitted your entry to Canada despite an inadmissibility and has suspended enforcement action for the duration of your TRP. As a permit holder you are expected to:

  • abide by the laws of Canada;
  • to take any action required to resolve your inadmissibility; and
  • to leave or request another TRP before the expiry of your initial TRP.


    We were given the TRP to overcome her criminal inadmissibility for a few months until she can apply for rehabilitation. The TRP is valid until December of 2018. We were told that as long as she maintains a US address and has significant ties to the USA this is fine and she doesn't need to even cross back to the USA every day.
 

PaperLantern

Star Member
Oct 18, 2017
124
29
Canada
App. Filed.......
11-12-2018
The TRP literally says that, though. It says that back and forth won't invalidate the TRP. If someone from Africa is issued a TRP are they expected to fly back to Africa every night to sleep? I'm just so confused as to why she can't spend the night with me if she has an address, job, and work in the USA. I honestly thought I had crossed all my t's and dotted my i's. I will literally sell my house, quit my job, and move back to the USA if she can't be with me. :(
 

nayr69sg

Champion Member
Apr 13, 2017
1,571
679
Wife lives in Canada. Leaving place X to work at place B then after work going back to X means person lives at place X. It is hard to justify that person lives at B or near B even if they list a place near B as their home address.
 

kcward7

VIP Member
May 4, 2017
3,788
1,436
The TRP literally says that, though. It says that back and forth won't invalidate the TRP. If someone from Africa is issued a TRP are they expected to fly back to Africa every night to sleep? I'm just so confused as to why she can't spend the night with me if she has an address, job, and work in the USA. I honestly thought I had crossed all my t's and dotted my i's. I will literally sell my house, quit my job, and move back to the USA if she can't be with me. :(
  • they are always subject to examination upon re-entry to Canada and could be refused entry into Canada by CBSA, even if the TRP authorizes re-entry.
Right on the CIC site.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/validity-conditions-cancellation.html
 

PaperLantern

Star Member
Oct 18, 2017
124
29
Canada
App. Filed.......
11-12-2018
This is literally not making sense to me and I'm trying not to be dense. You're saying she shouldn't be leaving every day but she shouldn't be staying either. So, what should she be doing? If someone from, say, Europe, gets a two-year TRP and is a temporary resident in Canada for two years and is staying with their spouse, should they spend the majority of their time in Europe during this two-year TRP? If she quits her job and school just stays here until her sponsorship is through, is that enough? Quitting my job, selling my house, and moving back to the USA would literally devastate us financially.
 
  • Like
Reactions: Supercanadian