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TRP for common law partner who is criminally inadmissible - how to start?

Monali

Newbie
Aug 18, 2012
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I am a French citizen and currently in Canada with a 3-year work permit (skill level A if that is of any importance). My partner holds a Jamaican passport and a U.S. green card and co-owns a business in the U.S. He mostly works from home, so we decided that he settles with me in Toronto and goes back and forth between the U.S. and Canada.

As we were trying to cross the border, he was denied entry based on several misdemeanors, most notably a DUI seven years ago (the sentences for the other offenses were completed more than 10 years ago). The process of criminal rehabilitation would take a long time and gathering the court documents as the Southern state in which the DUI took place is notorious for not being very cooperative. We don't mind starting the process of applying for criminal rehabilitation, but I read that a TRP overrules criminal inadmissibility?

So I am wondering now how to begin the process of applying for a TRP? We are not concerned about a work permit at this point because I can comfortably support us both and he has an income in the U.S. We just want him to be able to go back and forth as long I am here.
Can anyone offer advice? Do I start the process from here as the sponsoring spouse or does he start the application in the U.S.?

He has strong family ties to the United States and co-owns a U.S.-based business. We plan on returning to the United States once my contract here is up (unless I get a permanent offer). If it matters at all, he is an extremely skilled software engineer and computer administrator with a Master's degree (but we really are not worried about a work permit for him at this point, but perhaps it helps?).

Thank you so much for your help. We have been together for 6 years and lived together for five years and this is just terrible. I am so used to his support in daily life matters and my work, so I feel a bit lost and lonely at this point. :'(
 

SenoritaBella

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Jan 2, 2012
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To obtain a TRP, your partner has to satisfy the immigration or border services officer that his need to enter Canada outweighs the health or safety risks to Canadian society. Two things to keep in mind:

1. He has not applied for criminal rehabilitation, why? I'm not sure that perceived difficulties in obtaining documents from court(without even trying) or the length of time it takes will be considered a tangible reason.

2. What compelling reasons does he have to enter Canada? Can you visit him instead? An interview may be required, so he should be prepared.

http://www.cic.gc.ca/english/information/inadmissibility/permits.asp
 

Monali

Newbie
Aug 18, 2012
2
0
Thank you for the replies. I am in Toronto. And I was being unclear I think. All of this happened just last week and he is working on getting the paperwork together, but it can take a while to get all the court documents. We were told that we should apply for both the criminal rehabilitation and the TRP at the same time, but I was wondering if we can submit the TRP application first since it takes less time to complete it seems.

The compelling reason as we see it is that we wouldn't be separated. We have been living together for five years and would like for him to live with me for most of the time in Toronto because I am not as flexible as he is.

But now it looks like he will probably need to apply for his U.S. citizenship first because he was told (when we were returning to the US after being denied) that if he takes up residence with me in Canada, his U.S. green card can be revoked although he has lived there since the age of two AND served in the military. It's all beyond frustrating at this point.
 

scylla

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Jun 8, 2010
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It's my understanding that compelling reasons required to get TRP approval are typically more dire than that (e.g. inadmissible person has a very ill parent or child in Canada). I'm not sure your reason will be regarded as compelling (although I completely appreciate it is for you).

Go ahead and submit the TRP - but I would also continue working on the rehabilitation. This may end up being your only realistic option.

If you want to confirm the green card rules - I'd suggest you visit the following forum and read through the posts in the 'life after greencard' section:

http://forums.immigration.com/forum.php

Good luck.