ICE - residency questions

[alen1111]

Hi,

I would like to go to canada, under International experience visa.
I'm from czech republic,but living in the usa,on expired tourist visas for 6 years.
There is a condition that says :you must reside in Czech Republic to be eligible.

So, I'm considered to be residing in the usa or czech republik?

Thank you,

 

[Leon]

The odds of being granted a temporary visa to Canada after having overstayed in another country for 6 years are minimal.

 

[scylla]

You are residing in the US and therefore don't qualify.

Also, all of the Working Holiday Visas have already been taken for 2014. So even if you qualified, it's too late to apply.

http://www.canadainternational.gc.ca/czech-tcheque/experience_canada_experience/working_holiday-vacances_travail.aspx

 

[alen1111]

The odds of being granted a temporary visa to Canada after having overstayed in another country for 6 years are minimal.

So what you are saying is that I have no chance of getting any kind of work permit or PR ever?

 

[Gogia]

its very difficult when u over stay 6 years...

 

[zardoz]

So what you are saying is that I have no chance of getting any kind of work permit or PR ever?

You have shown that you don't respect immigration law.. Why would Canada ignore this and take a risk?

 

[scylla]

So what you are saying is that I have no chance of getting any kind of work permit or PR ever?

I would say you have zero chance of being approved for a temporary visa of any kind due to your overstay. This would include: visitor visa, student visa, work permit of any kind (including Working Holiday Program).

You can however apply to immigrate (i.e. apply for PR) if you qualify. When you apply, you need to be honest about your overstay if you want to have any chance of being approved.

 

[Gogia]

visa officer will think that u did not obey other countries.law....how can u obey canadas law..cant trust u very difficult...credibilty issue..sorry...verdict nope...

 

[alen1111]

I would say you have zero chance of being approved for a temporary visa of any kind due to your overstay. This would include: visitor visa, student visa, work permit of any kind (including Working Holiday Program).

You can however apply to immigrate (i.e. apply for PR) if you qualify. When you apply, you need to be honest about your overstay if you want to have any chance of being approved.

I looked at application for work permit,but it looks like they are asking only about overstaying your visas in canada. IMM 1295 section 19

 

[robbiefernando]

I am sure there is a section that asks about the current country of residence and the status in the country. In your case it wil be USA and the you very well know what your status is !!

 

[scylla]

I looked at application for work permit,but it looks like they are asking only about overstaying your visas in canada. IMM 1295 section 19

You will have to provide a detailed history of what you have done over the last number of years. This is where the fact that you have no status in the US will come out. If you mention that you were in the US without status - then it's pretty much guaranteed that your application will be denied. If you fail to mention the overstay then Canada will likely find out since the US and Canada share records - then Canada will make a finding of misrepresentation, refuse your application and ban you from applying to Canada for two years.

Do not bother applying for a temporary work visa, study visa or visitor visa. You will be wasting your time.

If you want to come to Canada, you need to focus on applying to immigrate (PR).

 

[txboyscout]

So what you are saying is that I have no chance of getting any kind of work permit or PR ever?

As Scylla has explained to you in detail

You have zero chance of being granted a temp resident visa. However you can apply for PR in whatever category that you qualify in. Yes, you will have to declare that you are illegal in the US but it should not have too much of an impact on the decision

The other option is applying for asylum in Canada once you go back to you home country. Since you are from the Czech Republic the chances of asylum being granted are close to zero but it will give you a few years of stay in Canada while it is all resolved. I would not recommend you do this, however it is an option.

One more thing, the second you leave US soil you will be subject to a 10-year re-entry bar.

 

[zardoz]

The other option is applying for asylum in Canada once you go back to you home country. Since you are from the Czech Republic the chances of asylum being granted are close to zero but it will give you a few years of stay in Canada while it is all resolved.

No chance.. The Czech Republic is a "Designated Country of Origin". Refugee claims from there are dealt with in a matter of weeks, not years. There is no work permit on arrival and no appeal.
See http://www.cic.gc.ca/english/refugees/reform-safe.asp

 

[scylla]

No chance.. The Czech Republic is a "Designated Country of Origin". Refugee claims from there are dealt with in a matter of weeks, not years. There is no work permit on arrival and no appeal.
See http://www.cic.gc.ca/english/refugees/reform-safe.asp

Agreed - zero change. Also due to the Third Country Agreement.

 

[meyakanor]

It's very (very) difficult, but there is a chance, and yes, I'm also talking about temporary resident visa, because I know first hand where some people were granted student and tourist visas to Canada, and also PR (though PR would be a little less problematic than TRV given such situation), after immigration issues with the United States, kind of similar to the ones that are experienced by the OP.

It is important to come clean about your immigration status in the United States, and it is also important to prove SUBSTANTIAL ties to your home country. And I cannot over-emphasize this enough, especially if you're applying for a student or tourist visa. Again, it has happened before, but there is obviously still no guarantee that they will grant you entry permit (in fact, the chances are pretty low). And despite the fact that Czech citizens normally won't require visa to visit Canada, I would suggest against just flying to Canada using your passport, since it would be much worse if you get denied entry after having flown to Canada.

Asylum in Canada, however, as scylla said, will be difficult, especially for the OP due to both the third country agreement, and also the fact that the Czech Republic is considered a safe country.