Canada has long been renowned for welcoming immigrants seeking a better life. But to undocumented immigrants, who end up in Canada without any documents, the process of achieving permanent residency (PR) may appear to be a perilous and insurmountable challenge. The upside is that the process may appear complex, but it is not unattainable. Through the appropriate information and support, undocumented immigrants will be able to access a route to legalization and to have a future in Canada.
Understanding Undocumented Status in Canada
An undocumented immigrant is in Canada without valid authorization. This may be due to several reasons: you entered the country without a visa, your temporary visa was lost, or you lost your legal status for another reason. Being in Canada without legal status can be lonely and uncertain, but the immigration system offers pathways to regularize status and create a stable future.
Pathways to Permanent Residency for Undocumented Immigrants
1. Humanitarian and Compassionate Grounds
Among the most frequently used methods among undocumented immigrants is applying for permanent residence on Humanitarian and Compassionate (H&C) grounds. This is a path for individuals who do not qualify under standard immigration criteria but have a strong case to remain in Canada.
There are possible alternatives for you in case you have spent many years in Canada, have established good relationships within the community, and would suffer needlessly if you are forced to move back to your native country.
Although this may be a long process, it is worth remembering that lots of people have been able to obtain PR using H&C grounds successfully. By employing the appropriate legal assistance, you might be able to put your case across the table and enhance your prospects of winning.
2. Temporary Resident Permit (TRP)
The Temporary Resident Permit (TRP) is another alternative for undocumented immigrants. The TRP is usually offered to individuals who are not permitted to enter Canada (due to criminality or immigration offences), yet they must remain in Canada to work, care for family members, or address other significant issues.
Though a TRP does not give you permanent residency, it does enable you to reside within Canada legally for a specific time duration. Once you have acquired a TRP and have lived in Canada for a few years, you possibly can consider applying for PR in other channels, such as the Canadian Experience Class, under the Express Entry system.
3. Family Sponsorship
Family sponsorship may be the simplest route to take in case one of your family members is a Canadian citizen or a permanent resident in Canada. According to this program, Canadian citizens and permanent residents may sponsor some family members to be given permanent residence in Canada: spouses, common-law partners, dependent children, and parents.
For undocumented immigrants, if your spouse or common-law partner is a Canadian citizen, they can sponsor you for PR. This is often a quicker and more direct route to legalization for individuals with close family ties in Canada.
4. Express Entry System
The Express Entry system can be a great pathway to permanent residence for people with work experience in Canada. Express Entry is a points-based program in which immigrants are selected based on their work experience, education, language skills, and other qualifications.
You can apply through the Canadian Experience Class (CEC) under Express Entry if you have worked in Canada for at least one year with a valid work permit.
Nevertheless, certain eligibility requirements exist, including proficiency in language and experience working in a skilled trade. An immigration lawyer can assist you in knowing whether this fits well in your case.
5. Provincial Nominee Program (PNP)
In case you have ties to a specific province, the Provincial Nominee Program (PNP) can provide you with an option of obtaining permanent residency. Canada has been working on its immigration program in each province to attract immigrants who will boost the economy in that province.
In other instances, undocumented workers in a particular province who have a history of work, education or family ties in that province can be nominated by the province of residence. Through nomination by a province, you have a greater possibility of gaining permanent residency.
Frequently Asked Questions (FAQs)
- Are there permanent residency applications that undocumented persons can undertake in Canada?
Yes, unauthorized immigrants may apply for permanent residence in Canada. Some ways individuals can legalize their status include Humanitarian and Compassionate Grounds, Temporary Resident Permits, Family Sponsorship, and Express Entry. - What is the average time required by an undocumented immigrant to acquire PR in Canada?
The process of acquiring permanent residency is flexible. As one example, H&C applications may require several months to years, whereas Express Entry applications or Provincial Nominee Program applications may require less time, as long as you fit the requirements. - What are the Humanitarian and Compassionate application requirements?
You must show hardship upon returning to your home country to apply under H&C grounds, and you must have an established life in Canada. Your years of residence here and your association with the community are also of importance. - Will I be able to work during my PR application?
If you use a Temporary Resident Permit to apply for work authorization, you may work while your PR application is being processed. When using Express Entry to apply for PR, you can also apply for a work permit, provided you are eligible. - Am I required to hire a lawyer to fill out the PR application in Canada?
Although you can do it by yourself, with the help of an experienced immigration lawyer, your chances of winning are high.
Get the Help You Need with Kurzfeld Law Firm
Finding your way to permanent residency in Canada can feel like an uphill battle, especially when you’re undocumented and unsure where to turn. At Kurzfeld Law Firm, we get it. We have worked with people in your position, and we have experienced the stress and confusion of this process.
Our team does not simply understand the law of immigration; we also understand what it is like to get stuck, to feel nervous about the future, and to need straightforward answers. That is why we take the time to fully understand your story and determine the options that make sense to you. Perhaps it is on humanitarian grounds, perhaps it is family sponsorship, or perhaps we can find some avenue together.
