Work visa

[Amine1981]

Hi I am moroccan .
I lived in the US for 4 years illegaly .
I overstayed my tourist visa .
I got deported from US , and was banned from entering it for 10 years .
I was also arrested for credit card theft in 2002 .
It was considered a misdemeanor , and was given probation .
I checked in several websites if I had any criminal records , and I did not find any .
I also was rejected us visa .
And they rejected my canada tourist visa because I lied about the fact that I was rejected a US visa .
I just received an offer of employment from canada .
What are my chances of getting a work permit in canada ?

 

[scylla]

Hi I am moroccan .
I lived in the US for 4 years illegaly .
I overstayed my tourist visa .
I got deported from US , and was banned from entering it for 10 years .
I was also arrested for credit card theft in 2002 .
It was considered a misdemeanor , and was given probation .
I checked in several websites if I had any criminal records , and I did not find any .
I also was rejected us visa .
And they rejected my canada tourist visa because I lied about the fact that I was rejected a US visa .
I just received an offer of employment from canada .
What are my chances of getting a work permit in canada ?

Your chances of being approved for a work permit are very low based on your immigration history.

Make sure the job offer is real and not a scam before you try applying for a work permit. Most job offers are scams. If they ask you for any money - it's a scam.

The US and Canada share immigration and also criminal information. You will have to declare the misdemeanor when you apply for the work permit. If you fail to declare it, Canada will still find out and you'll end up being banned from Canada for 5 years for misrepresentation (lying in an immigration application).

 

[Amine1981]

The job offer is 100% real .
So even if I declare the misdemeanor , you think I can still get the visa ?
because i read in many sites that I could be inadmissible ?
The most important thing is not to lie , right ?

 

[scylla]

The job offer is 100% real .
So even if I declare the misdemeanor , you think I can still get the visa ?
because i read in many sites that I could be inadmissible ?
The most important thing is not to lie , right ?

No - I said your chances of getting the work permit approved are very low. Even without the misdemeanor, you have a complicated immigration history that will make it challenging for the work permit to be approved.

You most likely are inadmissible to Canada at this time and will have to go through the ARC process before a work permit can be approved.

 

[Amine1981]

What is ARC please ?

 

[Amine1981]

And does an ARC apply even if i have an issue with US ? Not canada ?

 

[aravindja12345]

yes

 

[scylla]

What is ARC please ?

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/reasons/authorization-return-canada.html

 

[LifeDreamer]

Hi I am moroccan .
I lived in the US for 4 years illegaly .
I overstayed my tourist visa .
I got deported from US , and was banned from entering it for 10 years .
I was also arrested for credit card theft in 2002 .
It was considered a misdemeanor , and was given probation .
I checked in several websites if I had any criminal records , and I did not find any .
I also was rejected us visa .
And they rejected my canada tourist visa because I lied about the fact that I was rejected a US visa .
I just received an offer of employment from canada .
What are my chances of getting a work permit in canada ?

You've been given wrong advice. ARC is not for you as you haven't been to Canada or deported from there.

The misdemeanor is not an issue for the US. if you haven't disclosed it in your visa application it is not an issue as well as you couldn't have been denied just because of that (assuming this is your only misdemeanor). Your problem with the US is your 4 year overstay and that fact that you were previously deported from the US. You are under 10-year ban so obviously your visa will be refused and you will continue to have low chances of approval past the 10 year period because of this past overstay. If you have not disclosed that you previously overstayed in the US or that you were previously deported in your US visa application you will be barred for life from entering the US.

In Canada your issue is your misrepresentation on the visa application and this will continue to be an issue for 5 years. You can't do anything about it except wait until 5 years have past. Your misdemeanor is unlikely to be an issue here as well because it may not equate to a serious crime in Canada and it has been well over 10 years since it happened (again, assuming this is your only offense). I cannot give you an accurate answer without knowing the details of the offense.

You mentioned you have a job offer is it LMIA certified? If not, then are you a french speaker and the job is somewhere outside of Quebec? In any case, chances of a TRV approval are very low for you considering the past overstay and deportation in the US. Your only realistic option is to use that job offer to facilitate a PR visa for you through Express Entry or whatnot in which you can enter Canada without having to worry about proving your ties to your home countries or demonstrating a spotless immigration record.

 

[LifeDreamer]

I checked in several websites if I had any criminal records , and I did not find any .

This only means that the police jurisdiction in which you were arrested did not sell criminal record information in bulk to agencies and 3rd parties. You should consider yourself lucky as many jurisdictions in the US do to profit off your arrest.

You have to apply for a state police certificate from the state in which you were arrested and you will find your misdemeanor there. You should also request your FBI police certificate and check whether it lists this misdemeanor too (you will find your deportation there too though, don't panic it's not criminal).

Lastly you should check whether you can have this expunged or not. If expunged it will greatly assist you in immigrating to Canada.

 

[Amine1981]

Thank you dor this useful info .
What is LMIA certified ?
And what is TRV approval ?
So for the question do you have a criminal record , I should answer yes considering the misdemeanor that I had in 2002 ?
Yes , i am a french speaker , but the job is in canada .
So the misrepresentation will not be an Issue to get the work visa ?
And Do you think i should apply for the work visa ?
Lastly , how can i have my misdemeanor expunged ?
And how can I get an FBI police certificate ?

 

[mahira.syed]

truly usefull information keep up thanks

 

[LifeDreamer]

Thank you dor this useful info .
What is LMIA certified ?
And what is TRV approval ?
So for the question do you have a criminal record , I should answer yes considering the misdemeanor that I had in 2002 ?
Yes , i am a french speaker , but the job is in canada .
So the misrepresentation will not be an Issue to get the work visa ?
And Do you think i should apply for the work visa ?
Lastly , how can i have my misdemeanor expunged ?
And how can I get an FBI police certificate ?

Don't worry about LMIA, you are exempt if your job is outside Quebec.

Yes you do have a criminal record, a criminal record does not go away with passage of time so it is expected that you declare your misdemeanor in 2002. If it is a single offense there is a chance you will be deemed rehabilitated but I cannot give you an exact answer without knowing the statute you were convicted on.

You are eligible to make a work permit application in 5 years, however taking into account your immigration history (overstay in US) there is a low chance of approval because of this. You obviously have to mention the deportation from the US. This is what I mean by TRV approval (temporary resident visa).

The misrepresentation is an issue for any visa to Canada. But if you wait 5 years it will no longer be an issue. This is your punishment for lying on the previous visa application. It is not forever, just 5 years.

Check your state about expungement laws, most have a statute regarding expungement especially in blue states and for that I recommend you contact a lawyer in the same city where you were arrested for information. If you don't qualify for expungement then don't worry you can still apply to enter Canada through rehabilitation, expungement would be just a shortcut.

Google FBI identity summary check.

 

[Amine1981]

So there is no point of me applying for a work permit now ?
I cannot do it until after 5 years have passed . Right ?

 

[LifeDreamer]

Yes if you apply now you will refused. You have no options of going to North America for the next 5-10 years, so you should think of alternative places such as Australia or Europe.

If you insist on going to Canada then I would suggest you get college degree(s), pass language tests and find skilled work in those 5 years so that by the time your ban is lifted you'd be in a prime position to apply for PR.