Overstayed in USA and Have a new job in Canada

[scylla]

The position is senior one so they company said the can wait for me util October 2020.
The total base for the position is $120 k and if we add stock or something else it will be about $170k.
Can I use the salary or the company's need as an evidence that the working permit is necessary for me ? I am crying all the time now.

There is zero chance a work permit is going to be approved if you apply from the US. Canada will ask for proof of valid status and will automatically refuse you when you aren't able to demonstrate this.

Your only option for trying for the work permit is to leave the US and return home (and then apply from your home country). Make sure you are 100% honest in your application about your US overstay. Again, you do not want to end up with a 5 year ban from Canada.

You are in the situation you are now due to the choices you have made. No point crying - this won't fix anything. Try to make better choices going forward.

 

[hilda8519]

You can certainly try but your overstay will likely be an issue.

How big the issue is? I did not have any criminal records also I have good credit record. I do not know what to do next

 

[canuck78]

How big the issue is? I did not have any criminal records also I have good credit record. I do not know what to do next

Big issue but you seem insistent on applying.

 

[scylla]

How big the issue is? I did not have any criminal records also I have good credit record. I do not know what to do next

A work permit is a temporary visa. In order to approve you, IRCC will want to be sure that you will follow the rules of that temporary visa. By overstaying in the US, you have violated temporary visa rules - so you've basically done the opposite of what IRCC wants to see. IRCC will be concerned that you plan to break the rules in Canada just like you did in the US. This is what you have to overcome in your application.

 

[hilda8519]

Big issue but you seem insistent on applying.

The company also have site in London or Tokyo or Berlin. If I can go to some other office and work there for 1 or 2 years. Eg, I will go to Berlin and the offer will be changed from the Berlin office instead of Canada. Does it still a valid material to support my immigration? Do I need another Canada's internal offer to support my immigration?

 

[hilda8519]

A work permit is a temporary visa. In order to approve you, IRCC will want to be sure that you will follow the rules of that temporary visa. By overstaying in the US, you have violated temporary visa rules - so you've basically done the opposite of what IRCC wants to see. IRCC will be concerned that you plan to break the rules in Canada just like you did in the US. This is what you have to overcome in your application.

I total understand and I know the mistakes I have made. But the fact is I really can not back to Iran. I have grown up there and I am not religious at all. I do not have a god belief that makes me almost impossible to live in that environment.

 

[scylla]

I total understand and I know the mistakes I have made. But the fact is I really can not back to Iran. I have grown up there and I am not religious at all. I do not have a god belief that makes me almost impossible to live in that environment.

If you cannot leave the US - then a work permit is not an option. It's impossible for you to get a work permit for Canada without valid status in the US. There is no point even trying.

If you cannot go back home, then your only option is to get married in the US and have your spouse sponsor you for PR. Again, you should expect this process to take at least a year (possibly more due to your status in the US). During this time, you will need to remain in the US out of status and will not be able to enter Canada.

 

[hilda8519]

If you cannot leave the US - then a work permit is not an option. It's impossible for you to get a work permit for Canada without valid status in the US. There is no point even trying.

If you cannot go back home, then your only option is to get married in the US and have your spouse sponsor you for PR. Again, you should expect this process to take at least a year (possibly more due to your status in the US). During this time, you will need to remain in the US out of status and will not be able to enter Canada.

Can I go to Berlin /Tokyo office and wait for my husband to apply me the PR if I have a chance to get a valid Germany working permit? I do not know whether I can get it or not. I have found that the company they have positions there.

 

[scylla]

Can I go to Berlin /Tokyo office and wait for my husband to apply me the PR if I have a chance to get a valid Germany working permit? I do not know whether I can get it or not. I have found that the company they have positions there.

I don't think there is any chance you can be approved for a work permit to different country. Any country you apply to will require you to have valid status in the country where you are now (i.e. USA). Having said that - you can certainly try.

 

[hilda8519]

I don't think there is any chance you can be approved for a work permit to different country. Any country you apply to will require you to have valid status in the country where you are now (i.e. USA). Having said that - you can certainly try.

So the most possible way is once get married in USA ,goes back to Iran immediately and tried to apply for any working permit in Iran?

 

[scylla]

So the most possible way is once get married in USA ,goes back to Iran immediately and tried to apply for any working permit in Iran?

You can certainly do that. However getting the work permit approved is far from guaranteed. You need to be prepared for the very real possibility that you won't be able to come to Canada until your PR application is processed and approved (i.e. year or more).