Passport Request Recieved


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.

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Time to Renew the Work Permit


 

Canadian Work Permit
As much as I had hoped I wouldn’t need to do it, the time has come to renew my work permit – it expires in September.  When I looked at the CIC website a few months back I was impressed to see that their processing times were only a few weeks for a renewal.  Some time in the past few months they must have been hit with a surge in applications, however, because they now require 55 days for a renewal application (or a mere 54 days if you submit it online!)

Normally I wouldn’t be too concerned, but of course with a negative determination on my FSW application, it seems likely that it is more likely to be subject to questioning.  Of course, the fact I have to cross the border on a regular basis does make this a bit more complicated – if I’d known the time to process was two months, I’d have submitted back at the beginning of May – when the time to process was just a couple of weeks.  Hindsight, as always, is much better than foresight.

In addition, the application form that one uses at the border has changed substantially – it now explicitly asks about all previous applications.  The inland renewal application asks about “serious medical conditions”.   Thus, either way I try to process a renewal it is far more likely I’m going to be subject to additional scrutiny.

My attorney has recommended filing via the inland renewal process.  My concern with that is that as the processing time is now almost two months (and seems to have slowed down by two days in the past week) I’m going to end up being forced to leave for work prior to the actual renewal – particularly if it is referred to a local office (here in Vancouver, no doubt) for additional processing.  My attorney has argued that the information I provided before (insurance coverage) should be sufficient to obtain a renewal. I’d expect my Canadian spouse to carry as much weight, to be honest, and I have to include a spousal declaration on my application in any case.

If I do have to leave Canada while an inland renewal is in process, one of three things will happen:

  • My renewed work permit will be issued prior to my return to Canada (in that case, I can just have someone forward it to me);
  • I can submit an application at the POE (Port of Entry);
  • I can request a “visitor record” for the period of time while they are processing my renewal inland (but legally I cannot work in Canada during that time.)

As long as I remain in Canada, I can continue working (“implied status”).

I sent everything along to my attorney for his review and I’m now waiting to hear back from him.  I will send in the inland renewal (this week) and then if I do need to leave the country I will make sure I have everything that I need to submit the application at the POE – the “don’t work in Canada” doesn’t work so well for my situation (the idea of a vacation does sound nice, but it doesn’t really work for me.)

Of course, I really hope that this is the last time I’ll have to renew my work permit.

 

Three months and counting


Cat waiting outside of mouse hole

Three months and counting

As I write this, I realize that it will be three months since my file was sent to the court for a decision.  Thus, my case now seems to stretch into an unusual category, since this time of extended delay seems, from what I can tell, to be remarkably unusual.

Companioni took three weeks to decide (and review was granted).  Another case of someone I know took two months for a denial.  Ovalle took just under a month to decide (and review was again granted).  While I’m sure there are other cases that wait three months for a decision on the application, I have not found one.  This leaves me in the peculiar position of wondering why it is taking so long to actually make a decision.  Part of me wonders if the Court is waiting to see if CIC makes a decision on my other application (thus allowing the Court to wriggle out of making a decision that is unlikely to be popular, regardless of what they decide.)

Of course, nothing seems to be moving when it comes to the Canadian government and any of my applications.  At the beginning of July, the GCMS notes for my request to Seattle (for the TRP – in order to definitively settle the question of admissibility or not) indicated that Seattle had still not started processing my application.  Given that they quoted a three to six month application time frame (and it’s now at five months) I’m now wondering if even six months is a realistic number.

Heck, I’m still waiting to hear from CIC with respect to my request to withdraw the sponsored spousal application (indeed, that hurt to do – I put it off until May, but I didn’t seem to have much choice in the matter.)  Knowing my luck, they’ll finally match the withdrawal letter with the file the dayafter the Court declines to grant my judicial review application.

The final looming deadline is that my current work permit expires on September 3, 2012.  That means that in about a month’s time I will need to gather up all the paperwork for it and submit a renewal. Of course, my hope had been to have a TRP by then so I could apply for the renewal of both the work permit and the TRP at the same time – but that really only worked if I had the TRP by June.  At this point, even if i did get the TRP, I seriously doubt I could get a renewal of the work permit and the TRP prior to September 3, 2012.  Of course, an inland application for a work permit is automatically canceled if you leave Canada after the expiration of the first work permit and prior to the granting of the second (new) permit.

The inland work permit application differs from the outland application in one critical area.  The inland permit renewal asks if you have any “serious medical conditions” and while I wouldn’t think of an asymptomatic disorder to be “serious” I’ve been assured by my attorney that CIC considers it to be one and that I must answer yes.  The outland permit renewal asks if you have any serious medical conditions that require treatment other than prescription medications and the answer for that in my case is “no”.  Indeed, my attorney told me that he was involved in the drive to change the rules (and specifically this field of the form).

So I’m not quite at the point where I have to prepare for the work permit renewal.  But I’m already thinking about it.

In the meantime, it’s now been three months, no decision.  Perhaps there will be a decision tomorrow – or not.  Only time will tell.