Deported from USA without any felony, will this affect my work visa to Canada?

[sandy2019]

Hi Everyone,

I am looking for some immigration advice to pursue my career in Canada, any help on my questions would be greatly appreciated.

I faced deportation from USA in January 2019, now I got an offer from a Canadian employer to work for them, will there be any issue to obtain a work permit for this assignment because of the deportation issue I faced in USA?

Deportation clause the officer mentioned:212(a)(7)(A)(i)(I) --- giving the reason that my profile was misrepresented where I mentioned the work experience of 1.5 years in my career with an industry instead of working in the university(University paid us the stipend and given a full fee waiver, and we got to work closely with the local giants in the university vicinity as part of out academic program), Officer was not convinced and considered it as a willful misrepresentation to achieve the H1B status, resulting the decision of my deportation with a 5 year bar on US travel.

Can I go ahead with the work permit application for Canada? Can you please advice.

 

[Buletruck]

Does your employer have a valid LIMA? Given your recent deportation from the US (Don’t forget to include that in your application), I suspect your chances for a WP in Canada are pretty much close to zero.

 

[scylla]

Hi Everyone,

I am looking for some immigration advice to pursue my career in Canada, any help on my questions would be greatly appreciated.

I faced deportation from USA in January 2019, now I got an offer from a Canadian employer to work for them, will there be any issue to obtain a work permit for this assignment because of the deportation issue I faced in USA?

Deportation clause the officer mentioned:212(a)(7)(A)(i)(I) --- giving the reason that my profile was misrepresented where I mentioned the work experience of 1.5 years in my career with an industry instead of working in the university(University paid us the stipend and given a full fee waiver, and we got to work closely with the local giants in the university vicinity as part of out academic program), Officer was not convinced and considered it as a willful misrepresentation to achieve the H1B status, resulting the decision of my deportation with a 5 year bar on US travel.

Can I go ahead with the work permit application for Canada? Can you please advice.

Yes - you can apply for the work permit provided you meet the requirements to apply (e.g. have an approved LMIA or can demonstrate that you are LMIA exempt). Make sure you declare the US deportation in your work permit application (or you'll be banned from Canada for 5 years as well). As said above, it's possible the US deportation may negatively impact your Canadian work permit application. But you can certainly try.

 

[sandy2019]

Does your employer have a valid LIMA? Given your recent deportation from the US (Don’t forget to include that in your application), I suspect your chances for a WP in Canada are pretty much close to zero.

Just had an interview with the employer, don't have the LIMA yet. I disclosed the situation to them and they were checking with their internal legal team. Will definitely mention in the application for the work permit.

 

[sandy2019]

Yes - you can apply for the work permit provided you meet the requirements to apply (e.g. have an approved LMIA or can demonstrate that you are LMIA exempt). Make sure you declare the US deportation in your work permit application (or you'll be banned from Canada for 5 years as well). As said above, it's possible the US deportation may negatively impact your Canadian work permit application. But you can certainly try.

Thanks for the reply scyla,

Just had an interview with the employer, don't have the LIMA yet. I disclosed the situation to them and they were checking with their internal legal team. Will definitely mention in the application for the work permit.

 

[scylla]

Thanks for the reply scyla,

Just had an interview with the employer, don't have the LIMA yet. I disclosed the situation to them and they were checking with their internal legal team. Will definitely mention in the application for the work permit.

Note that the LMIA process typically takes 4-6 months to complete. So your employer still has quite a bit of work and waiting ahead of them (as well as fees) if they want to move ahead with this. They will need to start by advertising the job for at least one full month according to the LMIA advertising requirements (3 different locations) to prove no Canadian could be found for the role.

 

[sandy2019]

Note that the LMIA process typically takes 4-6 months to complete. So your employer still has quite a bit of work and waiting ahead of them (as well as fees) if they want to move ahead with this. They will need to start by advertising the job for at least one full month according to the LMIA advertising requirements (3 different locations) to prove no Canadian could be found for the role.

How about an intra-company transfers? the same employer have multiple branches over different countries. Can they hire me here in India and process an intra-company transfer? will that require an LMIA? which path is better?

 

[scylla]

How about an intra-company transfers? the same employer have multiple branches over different countries. Can they hire me here in India and process an intra-company transfer? will that require an LMIA? which path is better?

You would need to work for the company in India for at least a year before they can apply to transfer you to a job in Canada under an ICT. Also - the role you have both in India and Canada either needs to be a senior executive role - or one that involves very specialized knowledge.

It's hard to say which is better. The ICT won't be an option for more than a year and it can sometimes be difficult to convince IRCC that an employee qualifies. LMIAs are long and expensive with no guarantee of approval - however your company can apply now without needing to wait. There's really no easy path - and in both cases the US deportation may still be a factor.

 

[sandy2019]

You would need to work for the company in India for at least a year before they can apply to transfer you to a job in Canada under an ICT. Also - the role you have both in India and Canada either needs to be a senior executive role - or one that involves very specialized knowledge.

It's hard to say which is better. The ICT won't be an option for more than a year and it can sometimes be difficult to convince IRCC that an employee qualifies. LMIAs are long and expensive with no guarantee of approval - however your company can apply now without needing to wait. There's really no easy path - and in both cases the US deportation may still be a factor.

Totally agree. Thanks for the clarification. Information was really helpful.