No. I will not be applying for it yet. Currently my plan of actions are:
1. Wait for GCMS notes to identify the reasons for rejection.
2. Apply for Criminal record check. It's a big process but I was informed that I will get the record in 2-3 weeks once applied.
3. Once I have evaluated everything, go through the documents check list, and get the necessary documents and mail it to IRCC
To answer your question, currently I am in India. Another concern I have is, how will IRCC let me know the verdict of my application since I am applying by paper and mailing it to them? Will I get the verdict by mail at the residential address mentioned in the form?
So from what it appears, you will have to apply through VAC in India. I'm not sure if they'll even understand what you are trying to achieve though...
What type of TRV do you have? I'm guessing it's a V-1 since you have such long validity? I'm thinking maybe, maybe you can apply at POE. Need to weigh the pros and cons but it might give you a better shot at explaining everything. You will need to prepare everything for this though and think through every scenario. What's your finances like? It can be expensive as you will buy tickets and the worst case scenario is denied entry.
I can't successfully conclude yet but this is what it could look like.
Boarding to Landing.
- You are allowed boarding based on V-1. I can't remember if they ask for your purpose of travel so other members can comment please.
- You land at a POE in Canada.
- Present yourself to BSO at PIL and announce your intent.
- The BSO at primary refers you to a BSO at immigration secondary.
- You have your application ready along with every additional piece of document from criminal record check to foreign pccs and previous refusals and whatnot(this checklist would have to be established in the full scope). Consider this a pre-req to boarding.
At Immigration Secondary.
Scope, responsibility, etc.
- R200 clearly establishes that BSO has the authority to examine and issue Work Permit at POE.
Responsibilities of BSO at Immigration Secondary as laid out by IRCC in ENF4.
examining persons seeking entry to Canada to determine admissibility;
facilitating the entry of Canadians, PRs and persons registered under the Indian Act;
confirming identity and biometrics verification;
collecting biometrics when FNs makes a claim, application or request;
authorizing FNs to enter Canada as temporary or PRs and issuing documents where
appropriate;
receiving refugee claims and determining eligibility to make such claims;
reporting persons who are inadmissible;
reviewing inadmissibility reports;
issuing removal orders, where appropriate, to inadmissible persons;
referring cases to the Immigration Division, where appropriate, for an admissibility
hearing;
authorizing inadmissible persons to enter Canada on a TRP;
denying entry to inadmissible persons, arranging for their removal and confirming
their departure;
allowing persons who have indicated that they want to withdraw their application to
enter Canada to do so and leave Canada; and
arresting and/or detaining persons if applicable grounds exist.
This pretty much says the BSO has access to everything they need to make a decision but doesn't mean they have to make a decision. They have options like asking you to return next day, etc if the examination becomes exhaustive.
What could happen?
- A lengthy examination.
- BSO issues a PGWP extension(Best Outcome).
- BSO issues a removal order based on criminal inadmissibility (Worst outcome). Provides opportunity for appeal?
- BSO issues a TRP. Allows you to enter Canada and make your application.
- BSO decides to detain/arrest(very unlikely but could happen).
If detained/arrested, you get the right to counsel. Deghnani v Canada established that you can't have counsel during examination and unless detained. However, if you are accompanied by an attorney at POE, they can sit with you through the examination but the BSO reserves the right to ask them to leave.
This is just a preliminary evaluation of things and you would obviously need a more detailed plan. The whole outcome will depend on how BSO looks at 36(1) and chooses to apply it or not. But at POE, you have the opportunity to explain that it does not apply in your case and make you criminally inadmissible.
You also need to think about the financial commitment required and the mental toll this will have on you.
What's the nature of offence? Probation order? You can DM me with that if you want me to take a look but I am certain a criminal case resulting in discharge does not create a criminal record for the offense as there is no conviction. IRPA 36 is entirely based on "conviction" and there's no other mention of criminal inadmissibility for conditional discharge specifically anywhere in the IRPA.
