Conjugal/spousal criminally inadmissible PR application -

[tidymonkey81]

Happy New Year. This is my first post!

I'll cut to the chase. I am a 28 year old secondary school physics teacher with 4 years experience teaching in the UK. My Canadian girlfriend (in Montreal, QC) and I have been dating for 3 1/2 years and have, in the past, spent at least a year living together in London. My gf has returned to Canada (August, 2008) to continue with her studies and with the good hope of getting into a Medical college in Canada (or, if my visa/work permit app fails, the UK). We wish to live together in Canada where fees will be cheaper and as such I require a work permit to work there. I am criminally inadmissible due to a DUI, the sentence of which ended on 19th September, 2007. This is my only conviction. Thus, I can apply for rehabilitation on 19th September, 2012.

In August I travelled to Canada knowing that my inadmissibility would prevent me from getting a PR permit at that time. I hired a lawyer known to us through family who advised of a slim chance of getting a TR permit which, if given for a period greater than 6 months, could allow me to apply for a Work Permit concurrently. This had been done in the past under a particular case similar to my own. We entered the country together via the Lacolle, QC border from the States. However, as expected, the border official would not issue this TR permit. I am still considering applying for the TR permit, more officially, through the Canadian mission in London explaining our situation with the hope of getting it for more than 6 months and then going on to apply for a work permit. I am unsure how this will pan out.

I am also going to apply for a PR permit knowing that it will (eventually) get declined on inadmissibility grounds. There appears to be a route after denial of the permit whereby the applicant and sponsor can appeal the decision on compassionate grounds, and this should be done within 30 days of receiving the denial response. I am looking for any advice or experience on this matter, however I also have some particular questions.

Does the term 'compassionate' apply to myself and my gf?

Who applies? Sponsor or sponsee?

How/where is the appeal made?

There are interviews mentioned on the appeal division website. Where are these interviews conducted / who needs to be present?

I am currently not using the services of a lawyer for the sponsorship app process but would consider employing these services at the appeal stage if it might be useful. Can anyone suggest where to look?

There are other questions, but, this has been long enough already. (If it's too long I can take out the waffle and repost - please advise)

Regards,
Kevin Carter

[GraceAlone]

Hi Tidymonkey

Your chances of getting TR is very slim, but you never know...it can happen.

Is your situation considered compassionate?

In the first instant I would say no. But despite that it depends how commited you are to each other? I think you would have stronger grounds if you were married with a child( i am not saying you should aim 4 that, but i think that would fit more in the compassionate grounds). As you already know you are inadmissible.

If you are intending to apply as Canada Family Class category check up more info on www.canadavisa.com/canadian-family-sponsorship-visa. It should answer most of your questions.

If you start your application in London, interview & appeal would be in London.

As your gf is in montreal do you speak any french? Professionaly you have a good standing.

Hope this helps..


Kind Regards
Grace Alone..

[tidymonkey81]

i consider the word compassionate to apply to our case. whether CIC's (or IRB Canada's, or IRB Canada Appeal Division's - whoever the devil deals with this) stance on the word is the same, i don't know. i suspect there is a certain amount of 'persuasion' required in defining the word and that is what happens at the appeal stage. i'm guessing it's something similar to the lines of a court case.

also, i'm worried about posts i've read on various forums about appeal cases being ignored, or taking a lengthy amount of time. i can apply for rehabilitation officially in sep 2012. it almost seems pointless to start a lengthy alternative process in lieu of that.

does anyone know of cases where rehabilitation has been granted early? for example based on a notably good character. i'm hoping my work as a physics teacher (useful to canada - stats show a lack in most provinces) and good character references from employers and high status friends (both in canada and the uk) might show good cause.

[tidymonkey81]

also, i understand the 'french' requirement. i speak VERY basic french with limited vocab. i am considering enrolling on french language courses to show my willingness to learn.

[GraceAlone]

it is just a question of time...my hubby also had a conviction so we decided to wait till he is considered rehabilitated(10 yrs) which was last year...

[tidymonkey81]

wishing you both the best of luck!

[GraceAlone]

If you can wait and then go down the route of rehabilitation it might be better as appeals do take long and not only time but emotionally it can be stressfull...and cost if solicitor involved...

You do have strong grounds for not being refused rehabilitation; profession in demand, canadian partner, good character reference, not reoffending ect..

By then you may also be quite fluent in French...