Over the past few years, the issue of illegal immigration has been a subject of heated discussions in many parts of the globe, Canada being no exception. Being a country with an open immigration policy, the question arises whether Canada has the opportunity to take in illegal immigrants. It raises pertinent questions about Canada’s immigration laws, policies, and humanitarian obligations.
This blog post will discuss the Canadian stance on undocumented immigrants, covering the legal provisions, rights, and possible opportunities of a person who is forced to live in Canada without proper documentation.
Illegal immigrants are people who have failed to acquire legal permission or legal status in a country where they are not supposed to be. This may happen in Canada due to a number of reasons, such as:
Illegal immigrants do not receive the same rights and protections as individuals with valid immigration status. However, they remain under Canadian jurisdiction, and their presence in the country may give rise to legal implications, including detention or deportation.
The immigration laws of Canada are governed by the Immigration and Refugee Protection Act (IRPA), which sets out the procedures for entering and remaining lawfully in Canada. The laws aim to balance economic growth, humanitarian needs, and national security, and to ensure that those seeking to immigrate follow the appropriate legal processes.
The major impact that undocumented immigrants face in Canada is the threat of being deported. The Canadian government can deport individuals who are in the country without lawful authorization. Deportation can be done when one is found to live without status or when he or she has overstayed a visa. Nevertheless, certain procedures are followed in Canada to ensure that the removal process is not biased and does not infringe upon human rights.
An illegal immigrant will most likely be taken into custody and subjected to removal proceedings if the border patrols apprehend them or when they are checked during routine inspections. Individuals who fear returning to their home countries due to persecution or a risk to their lives may seek refugee status or invoke humanitarian and compassionate considerations.
Canada has a refugee determination process through which individuals may seek protection, provided they can demonstrate that they face persecution or are at risk of harm in their home countries. This system is designed to ensure the safety of persons fleeing conflict, violence, or oppression.
Although it may be dangerous to be an undocumented person in Canada, there are certain avenues through which people can be assisted to regularize their status. The following are the most prevalent solutions for undocumented immigrants seeking to remain in Canada lawfully.
A path for undocumented immigrants to remain in Canada is to apply for permanent residence (PR) under humanitarian and compassionate grounds. This is done to enable those applicants to remain in Canada, provided they can demonstrate that their circumstances are exceptional. Factors such as family relations, their assimilation into Canadian society, and children’s best interests may be considered.
Humanitarian and compassionate applications are regularly assessed on a case-by-case basis and provide a pathway to permanent residence for individuals whose stay in Canada may be prolonged without legal status. The process may take time, but for many, it is a great opportunity to regularize their status.
Refugee status is another avenue undocumented immigrants can explore. Canada is also a signatory to the 1951 Refugee Convention and strongly protects refugees both domestically and internationally. Refugee protection may apply to individuals who have fled persecution in their home countries upon arrival or while already in Canada.
When one demonstrates that they meet the definition of a refugee under Canadian law, they can obtain refugee status and, subsequently, permanent residence. The Immigration and Refugee Board of Canada (IRB) is the body that typically adjudicates refugee claims.
If an individual has exceeded their visa/work permit, they have the right to re-establish their status within 90 days after the expiry date of their legal status. The restoration process enables individuals to regain their lawful status, provided they meet certain conditions, including not having been out of status for more than 90 days and not having violated any of their stay conditions.
It is a popular choice for those who may have inadvertently become undocumented due to administrative errors or temporary lapses in their visa status.
In some cases, illegal immigrants with relatives who are Canadian citizens may be sponsored. The family sponsorship program enables Canadian citizens or permanent residents to sponsor their relatives to come to Canada. An illegal immigrant can become a lawful resident through sponsorship, provided they have a Canadian citizen or permanent resident relative.
Although illegal immigrants do not enjoy the same legal rights as legally recognized statuses, in Canada, some organizations and services provide support and advocacy to individuals in such circumstances. Various non-governmental organizations (NGOs), such as the Canadian Council for Refugees and the Access Alliance, provide resources and legal services to undocumented immigrants, including information on navigating the immigration system, obtaining employment, and applying for asylum or humanitarian status.
Moreover, other Canadian metropolitan areas, including Toronto, have adopted sanctuary policies that restrict the involvement of local law enforcement in enforcing federal immigration policies. These measures are meant to make undocumented immigrants feel free to access services such as healthcare and education without fear of deportation.
The policy concerning undocumented immigrants in Canada is delicate and aims to offer the already existing immigrants an opportunity to regularize their status. Although undocumented immigrants are not permitted to enter the country under an open-door policy, there are several legal avenues available to remain in Canada, particularly for those who have fled persecution or have established a strong connection to the nation.
Immigration policies in Canada are continually evolving. Although illegal immigrants are still having trouble, the nation is still determined to fulfill its humanitarian roles and provide a way to legal immigration to those who require it.
If you are currently without legal status, consulting resources like PR Pathway For Undocumented Immigrants In Canada can help you explore opportunities to regularize your status and eventually obtain permanent residence.
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