TRP & Spousal Sponsorship

[Smith222]

Hello everyone, I have a question for the forum. Last year me and my spouses sponsorship application was denied due to old convictions in his country. I recently retained an immigration consultant to help us out. He suggested a Temperary Resisdent Permit coupled with a spousal sponsorship reapplication. He made it very clear the spousal sponsorship would be denied because of my husbands criminal conviction but that the TRP might be granted. He wants 4500$ plus the fees for the spousal sponsorship application and it just seems like a lot of money to waste on something that will be denied anyways. Does this sound right? Do we actually have to do both applications for some reason and is it not possible to just do the TRP on its own?
Thanks a bunch!

 

[CDNPR2014]

are you comfortable sharing what the convictions for and from what year? this may help people give better advice.

my gut reaction is (depending on what the charge was) that it may be possible for you to do this yourself. if the charges were serious enough, i'd recommend getting a second opinion from an immigration attorney, not a consultant. though, both will probably be the same price. i will defer to others that may know better, however depending on the charge, he may need to apply for rehabilitation before he can be approved for anything.

 

[Smith222]

No problem, the charges all range from about 12-15 years ago, one was pretty serious. An assault with a weapons, the other 2 are a bit more minor. He can't apply for rehabilitation because it hasn't been 5 years since he paid his fines yet. I think I retained him this time because after being denied the spousal sponsorship that I did on my own I'm not too optimistic. I just don't understand having to re apply for the spousal sponsorship when it will be denied.

 

[CDNPR2014]

No problem, the charges all range from about 12-15 years ago, one was pretty serious. An assault with a weapons, the other 2 are a bit more minor. He can't apply for rehabilitation because it hasn't been 5 years since he paid his fines yet. I think I retained him this time because after being denied the spousal sponsorship that I did on my own I'm not too optimistic. I just don't understand having to re apply for the spousal sponsorship when it will be denied.

yes, i agree. my assumption is he will not be eligible for PR until he can apply for rehabilitation. i don't think a TRP will be approved either and if i'm not mistaken that will still require rehabilitation (others will confirm). so right now it seems the best option is to wait it out and perhaps explore being together in his or a 3rd country until he can reapply.

 

[scylla]

No problem, the charges all range from about 12-15 years ago, one was pretty serious. An assault with a weapons, the other 2 are a bit more minor. He can't apply for rehabilitation because it hasn't been 5 years since he paid his fines yet. I think I retained him this time because after being denied the spousal sponsorship that I did on my own I'm not too optimistic. I just don't understand having to re apply for the spousal sponsorship when it will be denied.

He doesn't qualify to be sponsored at this time. You will have to wait until he qualifies for rehabilitation to apply. No point applying now - you'll just be refused again. All the TRP does is allow him to visit Canada - it doesn't mean he can apply for PR.