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vroonsh

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Jan 11, 2026
5
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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 ?
 
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.
 
Can anyone guide me for possible chances and ways to return ? Has there any changes in the laws that can help me in this scenario
Has your year lapsed after exclusion to apply for a visitor visa or find an employer? Since January, Bill C-12 was passed but makes it more difficult to claim asylum, and cancel any immigration applications in the public interest. So nothing helps you get to Canada. H&C cases are now even lover at around 10 years.

https://www.canada.ca/en/immigratio...n-system-and-borders-act-have-become-law.html
 
Can anyone guide me for possible chances and ways to return ? Has there any changes in the laws that can help me in this scenario
There has been no change in laws that would help you.

Has your exclusion order ended? If so, you can try applying for a TRV or eTA however it may be challenging to be approved with your history of your overstay.

Ideal option would be to manage to qualify and be selected for PR through an economic immigration program since that would allow you to move to Canada permanently. If I was you, o would focus on learning French to a CLB7 level and also making sure you have at least a year of continuous skilled work experience in a single occupation. Assuming you do this and also finished your degree in Canada, you should have an excellent chance of being selected for PR through EE