To file for a temporary resident permit or not


Canadian Visa Image

Canadian Visa

I’m mulling over whether or not the right thing to do now is to file for a temporary resident permit. Right now I’m in this peculiar limbo – I’m deemed “medically inadmissible” but as a US Citizen I can generally enter Canada without setting off any alarm bells.

I’ve had two lawyer’s throughout this process. Both of them have given me the same answer when I said “so, if I’m found medically inadmissible, are they going to stop me at the border and deny me entry?” In both cases the answer was “probably not.”

Personally, I find this untenable. I’ve got a multi-year lease on an apartment (I owned a place initially, but sold it after getting married and deciding we needed a bigger place,) my company has just renewed a multi-year lease on our offices here, I have people who work for me and depend upon my presence. Further, I have a new spouse who cannot afford the new apartment alone – and I’m not sure I can afford to pay for an extra place (in the US) should they refuse me entry.

Another complication here is that my current work permit expires in September (2012). My new attorney has suggested that I apply outland (at the border) in which case the form is slightly different – specifically, the question about medical conditions. So applying in country means I have to disclose the inadmissibility. Applying out of country means I don’t (because the condition is “manageable with medication”). My current attorney told me that an officer at the border could find out that I was deemed medically inadmissible, but the system with that information is separated from the system that they normally use – so it would require a bit of digging.

The safest thing to do would be to apply for a temporary resident permit (formerly known as a “minister’s permit”) but such things are entirely discretionary – and if I’m rejected for that then it seems very likely that I will be stopped and rejected at the border.

So it’s a bit of a gamble – can I convince that these things constitute legitimate “humanitarian and compassionate” reasons for issuing same. I’m using OP 20 as my guideline here, since understanding the criteria by which such an application is considered is quite useful.

The backup plan would be to simply have all the paperwork with me – in that case I could apply for a TRP at the Port of Entry.  That way, if they stop me I can at least try to get in.  I truly dread the idea of being forced to call everyone at home and say “sorry, but I’m not being allowed back into the country.”

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