Immigration options

[tolzy]

I've read some helpful responses on this forum, so I'm hoping someone can assist with my inquiries.

I came to the U.S. 12 years ago on a B1/B2 visitor's visa stamped for 6 months.  It's pretty apparent that I overstayed.  I completed my high school and college education in the U.S.  Graduated with a B. Sc in Computer Science in 2003.  I've been working ever since.  I submitted the assessment form offered on this site and got a response indicating that I do not have the 67 points needed to apply for the Skilled Worker program.  It was suggested that I obtain a Canadian job offer instead.

I have a few questions about next steps.  In general, I would like to know what my options are, and how I would go about beginning the process:

- What are the odds of getting a Canadian job offer given my present location and overstay status?
- What should I expect from the employer?  Are job offers presented to individuals who may possibly encounter "work permit difficulty" with the CIC given their overstay status?
- Assuming I obtain a job offer and the employer is willing to take me despite my somewhat slim chances at the CIC, how would I go about the process?  What do I need to present to the CIC?  Will I need to go back to my native country (Nigeria) or the nearest consulate to process my application?

ANY and ALL responses about next steps are welcome.  I currently work as a technical analyst for a major financial services company.

[Leon]

It's pretty well impossible for you to get a temporary work permit in Canada with a 12 year overstay in the US on your record.  You can however apply for immgration to Canada without a problem.  You need to get arranged employment (AEO).  First you need to find an employer in Canada and convince them they need to hire you.  They need to apply for an AEO in your name to Service Canada.  They send you the AEO when they get it and you use it to apply either for FSW category 2 immigration if you have enough points or PNP immigration depending on the province.

Since you were not admitted to the US with a 1 year visa at any point, your file can not be processed in the US.  It would have to be processed in your native country.  If they request an interview, you would have to go there.  They may not request an interview.  It depends.  You deal with CIC mostly through the mail (unless they request an interview) so you might not have to go there.  My file was processed in London and I never had to go there.

It is very hard to get a job offer without being there yourself and being able to do interviews, even though there is absolutely no risk for the employer and they are not even bound to hire you when you get PR.

Read about immigration options here: http://www.cic.gc.ca/english/immigrate/index.asp and about AEO's here: http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/supperimm.shtml

[tolzy]

Thank you Leon!  I appreciate the prompt and detailed response.  I found it quite helpful.

I'm trying to follow your advice but I'm running into obstacles.  How do I "convince an employer" to hire me?  I've found several positions I'm qualified (and sometimes overqualified to do) but getting past the "out-of-country" hurdle is a bit difficult.

Are there companies out there known to hire or perhaps take a more lenient approach towards overseas candidates?  I have a strong IT resume, and several recruiting agencies have taken interest, however, they all stop short when they discover that a work permit is needed.

Any advice, websites, or contacts are greatly appreciated!

[Leon]

It's not a work permit that you want.  It's an arranged employment offer.  It's less hassle than applying for a labour market opinion (for a work permit) and the employer has no responsibility.  If he doesn't need you anymore by the time you get PR, he doesn't have to hire you.

[tolzy]

Thanks Leon!  Your prompt response is much appreciated.

However, I just need a bit more clarity.  Here are the questions a few recruiting agencies have asked:

1) Are you eligible to work in Canada?
2) Do you require a work permit to work in Canada?

Obviously, the answer to the first question is NO, but the second is rather open-ended.  Should I inform these agencies that I require an AEO rather than a work permit?  If so, will such a statement help or hurt my case?

As always, I appreciate your assistance.

[Leon]

Reply that you are looking to immigrate and that you need an AEO.  If they get confused, send them the link I gave you before about AEO's.  You can also tell them that AEO's are generally easier to get than LMO's.