Had a terrifying experience. I need to know if this was handled correctly or if I should complain.
- Thread starter PaperLantern
- Start date
It was almost 5 years ago. She is applying for rehabilitation and we are doing spousal sponsorship right after. She is able to apply for rehabilitation in October. I don't want to be apart from her until October I will literally die.
So I think the problem is...yes, we understand that it is valid to come in and out of Canada but it specifically states you can be denied at any time.
Yes but the website states that reasons for being denied re-entry include overstaying, breaking laws, etc. I'm not sure what else I can do but provide them pay stubs, bills she pays in the USA, rent bills, school documents, etc to show them that she has significant ties to the USA and will return when her TRP expires. What is the point of a TRP if it literally does nothing and means she can't come spend the night with me ever?
Where are you getting that she shouldn't be staying?
A temporary resident visa (TRV) is an official counterfoil document issued by a visa office that is placed in a person’s passport to show that they have met the requirements for admission to Canada as a temporary resident.
You can find another job in the USA. Selling your house will give you money to tide you through the transition as well.
Financial situations can be managed.
You have to decide what you want. It was you who said " I will literally sell my house, quit my job, and move back to the USA if she can't be with me"
You said it. Not anyone else. So that's where I reason your priorities lie.
It doesn't matter what we think. The rules and law are laid out in black and white in the link https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/validity-conditions-cancellation.html
You can vent here and I totally understand. But that's all it will do. You could engage a lawyer to help you. I don't know if that is something you could consider. But the law seems pretty clear.
Validity of a TRP
Under section 63 of the Immigration and Refugee Protection Regulations (IRPR), an initial or subsequent TRP may be valid from one day to three years. The TRP is no longer valid if the TRP holder leaves Canada without obtaining prior authorization to re-enter.
Hmm I know you said that the TRP is still valid when your wife leaves Canada. But the law says no. Unless you received prior authorization to re-enter. Did your wife do that?
Under section 63 of the Immigration and Refugee Protection Regulations (IRPR), an initial or subsequent TRP may be valid from one day to three years. The TRP is no longer valid if the TRP holder leaves Canada without obtaining prior authorization to re-enter.
Hmm I know you said that the TRP is still valid when your wife leaves Canada. But the law says no. Unless you received prior authorization to re-enter. Did your wife do that?
CBSA and IRCC are 2 different entities so treat this differently.
If one entered on a 1-year TRP, they could stay in Canada for 1 year and would be perfectly legal, and face no problems. IRCC would not care, and CBSA would only care on the initial entry.
However the T in TRP stands for "Temporary". So one is not expected to move to or live in Canada permanently under a TRP. So with each and every departure/re-entry to Canada, you are putting yourself up for inspection that you are still following these rules. What happens more often than not with people leaving/entering so often, is they run into a CBSA officer who feels they are really trying to live permanently in Canada and will not leave after the TRP expires. This is at discretion of CBSA officer. For this reason, it's advised that once in Canada on a TRP you should simply try to stay here, and not leave/re-enter very often.
Note that she can't apply for rehabilitation until 5 years after any fine/sentence/probation was deemed completed/paid in full. Hopefully this aligns to your October date.
Thank you for explaining that clearly and nicely. That makes sense. So, if she quits her job and school and stays here temporarily until the TRP is through that should be fine? I called the border and they said as long as she can prove she has ties to the USA it's fine for her since she does have status as a temporary resident. I know she can't live here permanently until PR happens, but she can live here temporarily, which is what is happening. We are just hopeful that sponsorship will go through after the rehab is complete and then she can be permanent!
Yes, the October date is when she is eligible for rehabilitation. Thank you
Yes, the October date is when she is eligible for rehabilitation. Thank you
I'd agree with Rob_TO's explanation.Yes, we did get permission and it is printed on the TRP itself.
Alarm bells ring when you see this frequent in and out behavior.
See, this whole time I thought the in and out was a good thing because it showed she was doing stuff in the USA. That's what I had been told, anyway, when I got her the TRP (that she was fine going to work and stuff). I guess that's where my confusion was coming in. I called our usual port and asked if she was fine to go to work tonight and I got a "yeah of course". I'm going to ask her if she can cut her shifts down or something for now. I make more than enough to support her. I just wish the border agent at the new border we tried crossing last night had at least attempted to look at all the documents we brought along. He put in a report that we didn't have pay stubs but we did, he just didn't want to see them when we asked.
OH, also kind of unrelated. But before we realized her shoplifting charge would stop her from getting sponsorship, we had ordered an FBI background check. It came back clear of any crimes but we know for a fact she had been charged with a misdemeanor in the USA almost five years prior. She wasn't arrested for the crime (just asked to appear in court and given a misdemeanor and fine which she paid). I'm wondering why it isn't showing up on the FBI background check.
Take anything anyone ever tells you on entering Canada with a grain of salt. Keep in mind it is never guaranteed for anyone to enter Canada no matter what permit, visa, etc they may hold. For that reason it's best to limit interactions with CBSA wherever possible while here on any temporary status.
Only PRs and Citizens are guaranteed entry. For anyone else it's at complete discretion of the CBSA officer you happen to encounter, and as you've experienced not all CBSA officers follow the guidelines the same way. Some may try to enforce their interpretation of the rules more strictly and harsher than others for whatever reason they deem fit, even if it's just a hunch or suspicion on their part, or for some reason they don't like your look or attitude. Same goes for US border patrol for Canadians entering the US.