So, September 26, one day after the conversation with my lawyer and CIC‘s attorney about the spousal application, my spouse received an e-mail from the immigration section of the Canadian Consulate in Los Angeles requesting that I submit my passport to them for issuance of my IMM 5292 (“Confirmation of Permanent Residency”) form. The letter said that I must submit it within sixty days.
For me, this marks the real end of the journey. Initially I was surprised by receiving this e-mail so quickly – one day after my attorney had relayed the conversation with CIC’s attorney (at Justice Canada). But upon some reflection I wonder if she had been pushing to have it done in time to present this as an argument to the court: “his application for spousal sponsored immigration has been approved, so this issue truly is now moot.”
I’m reasonably certain it has been pushed. I monitor a number of online immigration forums and I’m the first person in the “March 2012” group to receive a passport request, although several have gone into “In Process“. I will note that my application probably didn’t require a huge amount of review – I’d already been thoroughly reviewed for the previous application, so a security review by CSIS should have been simple, particularly since I’ve been legally living in Canada for several years now.
Upon reflection, I suspect this is as close to an admission that my JR application had merit as I’ll ever receive under the circumstances. But no one would have pushed my spousal sponsorship application had there not been at least some merit to the claims in the JR application – thus, CIC gets rid of a troublesome case and I achieve my own ultimate goal.
I don’t really think I’ve “sold out” here. Legal actions routinely settle all the time, with the parties agreeing to a resolution that leaves each with something they want. It is nothing more or less than compromise.
If I had been successful with the JR application (as seemed likely) the outcome would have been to send the case back to CIC for reconsideration. I’d have gone through the same process all over again – medical examination, review of my current health, determination I might be medically inadmissible and then a fairness letter, a fairness response and a second decision. I cannot honestly say that I wanted to spend another 18 months going through that all over again. At some point I’d realized the most reasonable thing to do if I had received JR would have been to withdraw the application. Then instead of “refused” it would have been “withdrawn” and thus not subject to the same level of scrutiny.
But that became moot on September 26th. CIC has made their determination that I do qualify for immigration in the spousal class, even with the prior rejection in place.
So now my new scramble: to get the passport to CIC in time for them to complete the paperwork and get that passport back to me in time to head to the US in mid-October so that I can testify at trial in the US (“work”). The process was a bit odd: the only expedited processing they will do is if I sent a USPS Express Mail envelope with a US return address on it. But I’m in Canada. Further, I cannot leave the country right now because I’m on implied status, with my work permit renewal in process – so if I leave, my work permit application must be processed at the border or I have to take a VR to return to Canada (preventing me from working). So instead I sent someone else down in for me; he bought the overnight envelopes, addressed them and sent the return envelope along with my passport, the completed height and eye colour chart and two photographs of me. I also enclosed a copy of my travel itinerary showing that I had to leave for the US in mid-October, and requested they return my passport prior to that time.
The return envelope is actually addressed to go to my company’s office in the US. THEY have no problem sending it to me wherever I am (including Canada) via FedEx.
They had the entire package in LA on Friday 28 September 2012. I’m going to try to only check once per day (in the evening) to see if the return envelope has been presented. I don’t really expect anything to happen before the end of this week – I’m hoping it will be done by the end of NEXT week, so that I have the entire bundle of paperwork ready to take with me to the US in mid-October.
If I get it back before mid-October, I’ll probably drive to the border, ask the US side to stamp my passport on entry (I’ve been told they need that on the Canadian side for some reason) and then loop around to head to the Canadian side, have them ask me about my expired work permit and get sent in to secondary inspection, where I can present my COPR and complete the landing process.
If I don’t get it back before mid-October, I’m hoping I’ll have it before I return to Canada on October 27th, so that I can complete the formalities after I land in Canada. Otherwise, I’ll be back in the “must renew the work permit at the border” case – which I will need to do because I have work meetings in Canada in early November.
So, assuming all goes well, this part of the journey will be ending for me by the end of this month.
Indeed, what a long strange trip it’s been.
- Decision time (medicallyinadmissible.com)
- Reflections, Apologies and Moving Forward (medicallyinadmissible.com)
- Time to Renew the Work Permit (medicallyinadmissible.com)
- Rashid v MCI (medicallyinadmissible.com)
- Ontario man feels abandoned by Canada (metronews.ca)
- Canadian family divided by citizenship changes (thestar.com)
- CANADA. CIC updates Foreign Worker Manual provisions relating to intra-company transferees (bravocpas.typepad.com)