Query regarding Canada's Permanent Residency

[jainish]

hello
I have a question regarding moving to Canada from USA am from India, I came to USA in June 2013 based on J-1( Student exchange program) and then i overstayed in USA, is there anyway I can migrate to Canada? what are the best possibilities for me? if you can give me a proper suggestion. Thank you

 

[canuck78]

hello
I have a question regarding moving to Canada from USA am from India, I came to USA in June 2013 based on J-1( Student exchange program) and then i overstayed in USA, is there anyway I can migrate to Canada? what are the best possibilities for me? if you can give me a proper suggestion. Thank you

Your only possibility is to qualify for PR via an economic program. Given your overstay any work and study permit will be denied. You will have to be 100% honest about your overstay.

 

[scylla]

hello
I have a question regarding moving to Canada from USA am from India, I came to USA in June 2013 based on J-1( Student exchange program) and then i overstayed in USA, is there anyway I can migrate to Canada? what are the best possibilities for me? if you can give me a proper suggestion. Thank you

Applying for permanent residency is your only option. You would need to qualify and apply through an economic immigration program like Express Entry based on your age, level of education, skilled work experience, language abilities, funds available to establish yourself in Canada. Express Entry is a points-based program and right now you need to have around 460 points to be accepted. If you don't have enough points for EE, you'll need to look into other immigration programs like the Provincial Nominee Programs which have their own requirements.

Any temporary visa (work permit, visitor visa, student visa) will not be approved since you are out of status in the US.

 

[jainish]

My spouse has applied for Permanent Residency in Canada via express entry, she had sufficient points and qualification. Her application is in process currently. She is an architect from India and pursued her Master's here in USA. She is currently working here in USA. If her application is accepted for Permanent residency, will that open up any more possibilities for me. We had been married just for 6 months.

 

[scylla]

My spouse has applied for Permanent Residency in Canada via express entry, she had sufficient points and qualification. Her application is in process currently. She is an architect from India and pursued her Master's here in USA. She is currently working here in USA. If her application is accepted for Permanent residency, will that open up any more possibilities for me. We had been married just for 6 months.

I'm assuming she has listed you in the application as her dependent - either accompanying or non-accompanying?

 

[jainish]

I'm assuming she has listed you in the application as her dependent - either accompanying or non-accompanying?

she listed me as accompanying

 

[21Goose]

she listed me as accompanying

Then you will get PR along with her, if her application is accepted. You can both land in Canada together as PRs - however, if you leave the US, naturally you won't be able to re-enter for a long time.

 

[scylla]

Then you will get PR along with her, if her application is accepted. You can both land in Canada together as PRs - however, if you leave the US, naturally you won't be able to re-enter for a long time.

Agreed. Specifically OP will be banned from the US for 10 years (assuming the overstay has been a year or more).

 

[canuck78]

Were you dating for a long time? Was this arranged? Due to your lack of status you wouldn’t have been able to return to India. Your application may receive extra scrutiny if your wedding doesn’t fit with what would have been culturally expected. Do realize this is not a spousal sponsorship but do the lack of status and application for PR soon after marriage it could be a factor.

 

[jainish]

we are still dating, and planning to get married soon, she haven't apply for her permanent residence yet, so approximately how much time the entire process gonna take? or any legal advice from your side? or we can contact the right person who can guide us on right path more detail? do you recommend any lawyer?

 

[k.h.p.]

It takes a long time, and she has to be invited to apply if she hasn't received an invitation already. If you're not yet married, but have been living together for a year, you could claim common law status.

 

[jainish]

thank you sir