Can someone who is illegal in the united states who had a visa as a child but overstayed because their parents never took them back to their home country apply for a work permit then PR in Canada? Also if so can they apply from the U. S without having to go back to their country?
Can someone illegal in the U.S immigrate to Canada?
- Thread starter Holly1211
- Start date
There is zero chance of a work permit being approved in this scenario. For a work permit to be approved, you have to demonstrate that you have strong ties to your home country and have no plans on remaining in Canada long term. Someone who is living illegally in the US for such a long time won't be able to demonstrate this and is guaranteed to be refused. If they want any chance of approval, they would have to return to their home country and live there for at least a couple of years before attempting to apply for a work permit to Canada.
PR is different. Someone without status in the US can apply to immigrate. Provided they are 100% honest about their immigration history - approval is entirely feasible. However there are some complications. First of all, the file will be processed through the visa office in their home country and not through a US office. This means that if an interview is required (often there's no interview), it will be held in the applicant's home country and the applicant will have to attend in person. Also, I don't know if work experience gained illegally can be counted as experience in a Canadian immigration program (maybe it can?). Lastly, this person should be aware that once they leave the US they will be automatically banned from the country for 10 years and won't be able to re-enter under any circumstances for a full decade (even if it's just transiting through a US airport).
I know about the 10 year ban we don't really care to come back. We just want are family together somewhere safe. I appreciate all the information.what exactly does that mean? He has a passport but do you mean with a stamp? Excuse my ignorance :/ he had a visa to come to the U. S AT AGE 4 and still has that along with passport book that he updates with his current info but I don't think it valid... Not to sure about that
He needs to be holding a passport that is still valid / has not expired. All passports have validity dates.