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Immigrating back to Canada

Junglist

Member
Jul 29, 2022
10
0
Are you 100% sure you have a ban?

Normally US bans only kick in once you've overstayed more than six months (3 year ban) or more than a year (10 year ban).

Anyway, if you can't enter the US, then you are pretty much out of luck for saving your PR status. You can try applying for a PR Travel Document with H&C considerations. This is almost guaranteed to be refused but no harm trying. Once it's refused, your PR status will be officially revoked. At that point, you'll then need to apply for PR from scratch through an economic immigration program like Express Entry. Success will depend on your profile (level of education, profession, etc.).
So what happened was when I was 13 my family moved from the UK to the US. Lived there for 7 years. After 9/11 we had agents come to our house and at that moment I found out we were living there illegally and all got a 10 Yr ban. Tried to re enter I 2014 I think it was and the refused entry stating that I would need to apply for a visa and since I got the ban when I was younger it would be rely difficult to get one to enter. So I gave up on that idea of going back there.
 

Junglist

Member
Jul 29, 2022
10
0
Is it maybe best to speak to an immigration lawyer about my case. It seems likely that I will have to go through the immigration process again
 

scylla

VIP Member
Jun 8, 2010
92,538
20,357
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
So what happened was when I was 13 my family moved from the UK to the US. Lived there for 7 years. After 9/11 we had agents come to our house and at that moment I found out we were living there illegally and all got a 10 Yr ban. Tried to re enter I 2014 I think it was and the refused entry stating that I would need to apply for a visa and since I got the ban when I was younger it would be rely difficult to get one to enter. So I gave up on that idea of going back there.
OK - that helps. In that case I agree that the US doesn't sound like an option for you.

You can still try applying for the PRTD however it's pretty much guaranteed to be refused which will result in the loss of your PR status officially.

What is your age / level of education / occupation? We may be able to help you further in determining if there are any economic immigration programs that are appropriate for you.
 

Junglist

Member
Jul 29, 2022
10
0
OK - that helps. In that case I agree that the US doesn't sound like an option for you.

You can still try applying for the PRTD however it's pretty much guaranteed to be refused which will result in the loss of your PR status officially.

What is your age / level of education / occupation? We may be able to help you further in determining if there are any economic immigration programs that are appropriate for you.
I'm 40 years old, and I received my diploma in business administration from Seneca College in Toronto. Currently working as a Insurance Broker. But I have take a course in business analysis and hoping to complete all my exams this year.

Thank you guys for helping me out on this. Really appreciate it.
 

scylla

VIP Member
Jun 8, 2010
92,538
20,357
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I'm 40 years old, and I received my diploma in business administration from Seneca College in Toronto. Currently working as a Insurance Broker. But I have take a course in business analysis and hoping to complete all my exams this year.

Thank you guys for helping me out on this. Really appreciate it.
I'll be completely honest. Your profile is unfortunately very weak.

Your age is really going to work against you, as well as the fact you don't have an advanced degree (e.g. Master's). This means the number of points you are going to score will be very low and you won't be able to compete against other applicants with much higher scores. There really isn't a clear path for you as it relates to immigrating through an economic program.

- The FSW / Express Entry program is out. You aren't going to score anywhere near the number of points required to be selected.
- The CEC / Express Entry program is also out. It's been too long since you were in Canada to qualify for this.
- This basically leaves the provincial programs however your score again is going to put you at a very big disadvantage.

In my opinion, for immigration to be potentially possible for you, you would need to secure a skilled job offer in Canada (which is hard to do) along with an approved LMIA from the employer so that you can qualify for a closed work permit to temporarily work in Canada - and then hope you can translate this into PR later.

I'm sure this wasn't the answer you were hoping for but better for you to know the reality of the situation you are facing.
 
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Simba112

VIP Member
Mar 25, 2021
4,264
1,549
I'm 40 years old, and I received my diploma in business administration from Seneca College in Toronto. Currently working as a Insurance Broker. But I have take a course in business analysis and hoping to complete all my exams this year.

Thank you guys for helping me out on this. Really appreciate it.
At 40, Its pretty tough to secure enough CRS points for Federal Express Entry programs. Since 730days lapsed, I dont see other option than to apply apply for PRTD that may trigger revoking your PR Status and comes as a visitor. Last option would be LMIA,
 

Junglist

Member
Jul 29, 2022
10
0
I'll be completely honest. Your profile is unfortunately very weak.

Your age is really going to work against you, as well as the fact you don't have an advanced degree (e.g. Master's). This means the number of points you are going to score will be very low and you won't be able to compete against other applicants with much higher scores. There really isn't a clear path for you as it relates to immigrating through an economic program.

- The FSW / Express Entry program is out. You aren't going to score anywhere near the number of points required to be selected.
- The CEC / Express Entry program is also out. It's been too long since you were in Canada to qualify for this.
- This basically leaves the provincial programs however your score again is going to put you at a very big disadvantage.

In my opinion, for immigration to be potentially possible for you, you would need to secure a skilled job offer in Canada (which is hard to do) along with an approved LMIA from the employer so that you can qualify for a closed work permit to temporarily work in Canada - and then hope you can translate this into PR later.

I'm sure this wasn't the answer you were hoping for but better for you to know the reality of the situation you are facing.
No definitely wasn't the answer I was hoping for tbh. But I do appreciate your honestly.

I just want to get back to my kids.

Not sure what else I can do
 

scylla

VIP Member
Jun 8, 2010
92,538
20,357
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
No definitely wasn't the answer I was hoping for tbh. But I do appreciate your honestly.

I just want to get back to my kids.

Not sure what else I can do
You can renounce your PR status, get an eTA and then be satisfied with visiting your kids once in a while as a tourist vs. living in Canada.

You can also try securing a job offer in Canada and coming on a work permit (you would again need to renounce your PR status first for this to be possible). It's difficult to seucre a job offer but some are successful.

Perhaps one last options would be to renounce your PR status, get an eTA, come to Canada as a visitor, and then apply for PR under the H&C program based on having kids in Canada. This isn't a great option for a number of reasons (but you can try). I'm not sure how solid a case you have given how long it's been since you've been in Canada. Presumably your kids have been in Canada all or most of this time and it may be hard to make an H&C argument that involves them if you haven't been a major presence in their lives for the last number of years. H&C applications also take a while to process so you would have to be prepared to be in Canada without leaving for 1-2 years during which time you may not have the ability to work, or attend school and without any health care coverage.
 

Junglist

Member
Jul 29, 2022
10
0
You can renounce your PR status, get an eTA and then be satisfied with visiting your kids once in a while as a tourist vs. living in Canada.

You can also try securing a job offer in Canada and coming on a work permit (you would again need to renounce your PR status first for this to be possible). It's difficult to seucre a job offer but some are successful.

Perhaps one last options would be to renounce your PR status, get an eTA, come to Canada as a visitor, and then apply for PR under the H&C program based on having kids in Canada. This isn't a great option for a number of reasons (but you can try). I'm not sure how solid a case you have given how long it's been since you've been in Canada. Presumably your kids have been in Canada all or most of this time and it may be hard to make an H&C argument that involves them if you haven't been a major presence in their lives for the last number of years. H&C applications also take a while to process so you would have to be prepared to be in Canada without leaving for 1-2 years during which time you may not have the ability to work, or attend school and without any health care coverage.
I worked in TD insurance prior to this but not sure if they give me a job offer or help me through this process. I can always speak to my old manager about it.

Yes my kids have been there the whole time. Issue I had for not visiting there before was cost of actually getting there, hotel, car rental I couldn't afford it at the time. Then covid hit and couldn't leave the country.

But that could be a possibility.

I have an appointment to speak to a lawyer next week about my options too.

But honestly I really appreciate your advice. Thank you.
 

scylla

VIP Member
Jun 8, 2010
92,538
20,357
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I worked in TD insurance prior to this but not sure if they give me a job offer or help me through this process. I can always speak to my old manager about it.

Yes my kids have been there the whole time. Issue I had for not visiting there before was cost of actually getting there, hotel, car rental I couldn't afford it at the time. Then covid hit and couldn't leave the country.

But that could be a possibility.

I have an appointment to speak to a lawyer next week about my options too.

But honestly I really appreciate your advice. Thank you.
Banks won't go through the LMIA process. A simple job offer is unfortunately not enough to get a work permit. You need both a job offer and approved LMIA from the employer to qualify for the work permit. Unfortunately the big banks aren't willing to do the paperwork, pay the fees and deal with the other requirements of the LMIA process.

You can definitely look for an employer in Canada. However I would avoid the big banks. It will be a waste of your time.
 

Junglist

Member
Jul 29, 2022
10
0
Banks won't go through the LMIA process. A simple job offer is unfortunately not enough to get a work permit. You need both a job offer and approved LMIA from the employer to qualify for the work permit. Unfortunately the big banks aren't willing to do the paperwork, pay the fees and deal with the other requirements of the LMIA process.

You can definitely look for an employer in Canada. However I would avoid the big banks. It will be a waste of your time.
Ok I'll do that. Thank you again for all your help and advice.
 

hawk39

Hero Member
Mar 26, 2017
660
249
Yes, I do have a British passport
Your kids should have British citizenship through you. Alternatively, if you are on friendly terms with your ex-wife, your kids can visit you in the UK as well without any immigration restrictions.