Can border officials ruin spousal sponsorship application?

[PaperLantern]

My wife has a TRP (temporary residence permit) and our usual port of entry knows that she spends 99.9% of her time here in Canada and that she works and maintains a US address. Her TRP is multiple entry and does state that she has applied for PR under spousal sponsorship. We have always been 100% honest about what we are doing and we've only received respect and understanding.

Today, my wife was coming home from work and decided to go through a port in a neighbouring town to save time. Bad mistakes and I wish she hadn't. First, they told her she needed to import her car if she has a TRP but she mentioned that she isn't a permanent resident and has a US address. Then, they said that she can't apply for permanent residence if she has a US address. They then took a copy of TRP and said they were going to call immigration and see if they need to deny her permanent residency application. Then, they said they were letting her cross into Canada anyway.

Needless to say my wife is beside herself thinking she's doing something illegal and that border officers are going to call CIC and have her permanent residency denied. I keep telling her that this probably isn't the case. Is it?

 

[canuck78]

As you were warned a few months ago, your wife isn't allowed to live in Canada yet cross the border to work every day. She can do that as a )PR. Applicants applying inland are allowed to stay but risk no being let back into Canada if they leave. Surprised they let her in but not sure if that will last. She does seem to have an apartment to go back to in the US.

 

[scylla]

My wife has a TRP (temporary residence permit) and our usual port of entry knows that she spends 99.9% of her time here in Canada and that she works and maintains a US address. Her TRP is multiple entry and does state that she has applied for PR under spousal sponsorship. We have always been 100% honest about what we are doing and we've only received respect and understanding.

Today, my wife was coming home from work and decided to go through a port in a neighbouring town to save time. Bad mistakes and I wish she hadn't. First, they told her she needed to import her car if she has a TRP but she mentioned that she isn't a permanent resident and has a US address. Then, they said that she can't apply for permanent residence if she has a US address. They then took a copy of TRP and said they were going to call immigration and see if they need to deny her permanent residency application. Then, they said they were letting her cross into Canada anyway.

Needless to say my wife is beside herself thinking she's doing something illegal and that border officers are going to call CIC and have her permanent residency denied. I keep telling her that this probably isn't the case. Is it?

She's not doing anything illegal. However the TRP doesn't guarantee re-entry into Canada. Probably a good idea if she uses her regular crossing going forward.

I'm a bit confused about the fact you have a spousal sponsorship application already in progress. If she's inadmissible, she can't be approved for PR until rehabilitation has been approved and the inadmissibility has been lifted. Has she applied for rehab yet?

 

[PaperLantern]

As you were warned a few months ago, your wife isn't allowed to live in Canada yet cross the border to work every day. She can do that as a )PR. Applicants applying inland are allowed to stay but risk no being let back into Canada if they leave. Surprised they let her in but not sure if that will last. She does seem to have an apartment to go back to in the US.

We admitted she lived in Canada when we went to get her TRP renewed and they still renewed it. They said if she plans to stay in Canada she needed to have the TRP renewed or else she would be out of status.

 

[PaperLantern]

She's not doing anything illegal. However the TRP doesn't guarantee re-entry into Canada. Probably a good idea if she uses her regular crossing going forward.

I'm a bit confused about the fact you have a spousal sponsorship application already in progress. If she's inadmissible, she can't be approved for PR until rehabilitation has been approved and the inadmissibility has been lifted. Has she applied for rehab yet?

Thank you! She originally had a TRP for criminal inadmissibility and then we got the rehabilitation right at the end of her TRP as we were applying for PR. We brought all the PR documents (copies) and proof of payment to the border and asked if we could have a visitor record for her. They said it depends and asked whether she lived in Canada. She was truthful and said she has a US address and job but basically lives here because she's here every night. They then said she has to renew her TRP and they wrote at the bottom "has applied for PR under spousal sponsorship" and it's a multiple entry TRP which states that leaving Canada does not invalidate it. It's good for a year and says that she may remain in Canada for the duration of the TRP (with better wording than what I just said. I'm basically paraphrasing). Anyway, our usual border gives her zero problems so I'll just tell her to cross there from now on.

But, my question is more concerning why they told her she couldn't apply for PR if she still has a US address, whether she needs to import her car if she only has a TRP (this new port of entry said she does) and whether they really can cancel her PR application like they threatened. Then they just let her in so she's very confused.

 

[scylla]

Thank you! She originally had a TRP for criminal inadmissibility and then we got the rehabilitation right at the end of her TRP as we were applying for PR. We brought all the PR documents (copies) and proof of payment to the border and asked if we could have a visitor record for her. They said it depends and asked whether she lived in Canada. She was truthful and said she has a US address and job but basically lives here because she's here every night. They then said she has to renew her TRP and they wrote at the bottom "has applied for PR under spousal sponsorship" and it's a multiple entry TRP which states that leaving Canada does not invalidate it. It's good for a year and says that she may remain in Canada for the duration of the TRP (with better wording than what I just said. I'm basically paraphrasing). Anyway, our usual border gives her zero problems so I'll just tell her to cross there from now on.

But, my question is more concerning why they told her she couldn't apply for PR if she still has a US address, whether she needs to import her car if she only has a TRP (this new port of entry said she does) and whether they really can cancel her PR application like they threatened. Then they just let her in so she's very confused.

OK - that makes sense about the rehab now. Regardless, the TRP doesn't guarantee entry into Canada. No temporary visa guarantees entry. CBSA can always chose to refuse entry if they want to.

Her outland application won't be canceled and the bit about the US address doesn't make sense. Sometimes CBSA officers don't know what they are talking about when it comes to immigration applications. I personally wouldn't worry about this stuff.

I can't comment on the car.

 

[PaperLantern]

OK - that makes sense about the rehab now. Regardless, the TRP doesn't guarantee entry into Canada. No temporary visa guarantees entry. CBSA can always chose to refuse entry if they want to.

Her outland application won't be canceled and the bit about the US address doesn't make sense. Sometimes CBSA officers don't know what they are talking about when it comes to immigration applications. I personally wouldn't worry about this stuff.

I can't comment on the car.

Thank you! We will only use the regular port then just to be safe. I went down to our regular port and they seemed confused by what we were told. They said she can't import her car to Canada until she has PR so they weren't sure why she was given a hard time about that. I appreciate the help. I'll relay the information and I'm sure it'll help her feel better .

 

[canuck78]

You seem to both be unlucky and lucky due to your small border crossing. Larger border crossing would tell your wife that she can't live in Canada and cross the border 2 times daily on a TRP. Either stay in Canada or stay in the US and visit on the weekends. This still could happen in your case.

 

[Bornlucky]

Ports of Entry to Canada offer fascinating disparities in the application of a number of pieces of legislation, but you can have a read of what they're supposed to do (you'll have read their material, perhaps before they have) with TRPs.

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

They could deny her entry and it isn't worth trying them again, but somebody who has the authority and cancels a TRP has to do more than shred it and then go home. You're complying with all of our zigs and zags and your friendlier port of entry seems to get it.

 

[PaperLantern]

You seem to both be unlucky and lucky due to your small border crossing. Larger border crossing would tell your wife that she can't live in Canada and cross the border 2 times daily on a TRP. Either stay in Canada or stay in the US and visit on the weekends. This still could happen in your case.

So, do you think the agent would have cancelled her TRP then and there? Or is there a chance he is still going to and we will find out by mail or something?

 

[Bornlucky]

So, do you think the agent would have cancelled her TRP then and there? Or is there a chance he is still going to and we will find out by mail or something?

I think nothing will happen from that visit and that you're fine.

 

[canuck78]

So, do you think the agent would have cancelled her TRP then and there? Or is there a chance he is still going to and we will find out by mail or something?

No should be fine but there is a chance one day that she will be refused entry. She doesn't have the right to actually live in Canada and since it becomes pretty clear that she is living in Canada because of the constant border crossing her file might be flagged. Nobody knows what could happen but she should have some stuff in he US if she doesn't.