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vroonsh

Newbie
Jan 11, 2026
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Hello everyone,

I’m looking for informed opinions on my situation and the realistic legal options going forward.

I was recently removed from Canada and fully complied with an Exclusion Order for 1 year term. The order was issued solely due to long-term overstay. There were no criminal charges, no misrepresentation findings, and no enforcement issues beyond the overstay. I did not evade removal and left Canada as directed.

I am the biological father of a Canadian citizen child. Her mother and I co-parented while I was in Canada, and I was actively involved in my daughter’s daily life, care, and upbringing. My removal has resulted in physical separation from my child.

I previously filed an H&C (Humanitarian and Compassionate) application, which remains under consideration. However, I understand that once removal has occurred, the likelihood of a positive H&C outcome may be reduced, which is why I am trying to understand what other lawful pathways may realistically exist.

I understand that having a Canadian child does not automatically grant status, but I am trying to proceed lawfully and correctly.

My questions are

  1. What are the realistic options for a parent of a Canadian citizen child after removal?
  2. Is a Temporary Resident Permit (TRP) ever granted in cases involving family reunification with a child?
  3. How much time typically needs to pass after compliance with an Exclusion Order before applying for a TRP or ARC?
  4. Does continued involvement, financial support, and documentation of the parent-child relationship meaningfully affect future applications?
  5. Are there examples where removal for overstay was followed by a successful return based on family considerations?

I’m not looking for guarantees — only informed, experience-based insights so I can move forward lawfully and responsibly.


Thank you to anyone willing to share their knowledge.
 
  1. What are the realistic options for a parent of a Canadian citizen child after removal?
  2. Is a Temporary Resident Permit (TRP) ever granted in cases involving family reunification with a child?
  3. How much time typically needs to pass after compliance with an Exclusion Order before applying for a TRP or ARC?
  4. Does continued involvement, financial support, and documentation of the parent-child relationship meaningfully affect future applications?
  5. Are there examples where removal for overstay was followed by a successful return based on family considerations?
1. Best interests of the child is always a strong case.
2. It would be much faster just wait 1 year and then apply to return.
3. See 2.
4. Absolutely and a must.
5. Sure.
 
Hi, Thank you for getting back to me. Yes, I do have certificate of departure.

What application I could possibly apply for ?
After a year of departure if it was on time, fully compliant and you have a certificate of departure, you can just return subject to normal examination at the port of entry. .

What status did you have?
 
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After a year of departure if it was on time, fully compliant and you have a certificate of departure, you can just return subject to normal examination at the port of entry. .

What status did you have?

Initially it was student visa, then when my daughter was born, I switched it to visitor visa. I had few years of overstay. During this time I applied to H&C application twice, which was returned due to lack of some documents. Currently, I have do H&C application in process.

My daughter is Canadian and 6 years old and currently lives with her mom in Toronto
 
Initially it was student visa, then when my daughter was born, I switched it to visitor visa. I had few years of overstay. During this time I applied to H&C application twice, which was returned due to lack of some documents. Currently, I have do H&C application in process.

My daughter is Canadian and 6 years old and currently lives with her mom in Toronto

In this case a child doesn't really give you any advantages if your partner doesn't want to sponsor you. Do you have any custody?
 
In this case a child doesn't really give you any advantages if your partner doesn't want to sponsor you. Do you have any custody?
Not a formal custody but we have been co parenting ever since my daughter was born. There are photo proof and proof of child support, which i am still sending from outside the country to support her there
 
Not a formal custody but we have been co parenting ever since my daughter was born. There are photo proof and proof of child support, which i am still sending from outside the country to support her there
Unfortunately it's not a proof of any kind of custody. Sorry, you don't have any H&C grounds and a child won't help you in any way to return to Canada, more like a red flag in addition to your non-compliance
 
Not a formal custody but we have been co parenting ever since my daughter was born. There are photo proof and proof of child support, which i am still sending from outside the country to support her there
When did you apply for a third time? You can only re-enter on a visitor visa or LMIA/closed work permit or another study permit. You need to get a formal custody plan in place to show you have a custody arrangement to show you have an active role in the child's life. Photos are not enough.
 
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Initially it was student visa, then when my daughter was born, I switched it to visitor visa. I had few years of overstay. During this time I applied to H&C application twice, which was returned due to lack of some documents. Currently, I have do H&C application in process.

My daughter is Canadian and 6 years old and currently lives with her mom in Toronto

When was the last time you applied for H&C? Processing times are currently decades for most applicants although I expect significant reforms to the program after bill c-12. You should be monitoring what happens to your file after bill c-12 passes. Work towards qualifying for PR in your home country. Learn French, become a healthcare worker, etc. just a few options.