What is the Penalty For Illegal Immigrants in Canada?

Canada is a nation that boasts of an organized and non-discriminatory immigration policy. It is renowned for providing a new start to individuals and families in need of one. But for individuals who end up living in Canada illegally, the process may soon become more complicated. Although Canada has means of regularizing legal status, there are sanctions for those who are regarded as illegal immigrants.

What Does “Illegal” Immigration Mean in Canada?

An illegal immigrant is a term used in Canada to refer to people who reside in the country without authorization. This may occur due to a number of reasons:

• Illegal entry into Canada without the necessary visa or travel documents
• Exceeding a temporary visa or a work permit
• The inability to retain legal status when a visa or permit has expired

Being illegal or undocumented in Canada does not imply directly that you are vulnerable to severe penalties as soon as your status is disclosed, but you should still be aware of what the potential consequences will be.

Penalties for Illegal Immigrants in Canada

You should understand what may happen to you when you live in Canada without legal status. The punishments that may be imposed, depending on individual cases, are as follows:

1. Deportation

Deportation is one of the worst effects on illegal immigrants in Canada. A deportation order can deport you if the government discovers that you are residing in the country without the appropriate status. That would mean that you would be compelled to leave Canada and return to your country of origin.

After deportation, you can be denied entry into Canada for a specified time, depending on your case. The bar may be a few years or a lifetime ban, which can greatly influence your chances of coming back.

2. Barred from Re-entry

Deportation from Canada is usually accompanied by a restriction on returning to the state. The duration of the ban is relative to the circumstances, but at times, it may take years or possibly forever. This implies that at a later stage, you might want to apply for a visa or permanent residency, but since you are already deported and have a re-entry bar, you will not be allowed to come back.

3. Fines and Financial Penalties

Although fines are not a widespread occurrence compared to deportation, some people who are caught either working or staying in Canada illegally may face monetary fines. Such fines may be issued regarding infractions like exceeding a visa or employment without the required approval. This is an added financial responsibility to many who are already under the stress of lacking legal status.

4. Ineligibility for Immigration Programs

You may not be in a position to access immigration programs, including permanent residency and temporary work permits, when you are illegally in Canada. The longer your stay in Canada without legal status, the more difficult it might be to be eligible for programs such as Express Entry or Provincial Nominee Program (PNP).

An illegal status can restrict your opportunities to get work permits, permanent residence or other immigration opportunities, which will enable you to stay in the country legally.

5. Detention and Removal

In some extreme cases, individuals who are living in Canada illegally may be detained by immigration authorities. Detention typically occurs if there is a risk that the individual may try to flee the country, has been involved in criminal activity, or has been issued a deportation order and is refusing to leave.

While not everyone in this situation is detained, it is a possibility for those who face enforcement action. If you’re detained, you may remain in custody until your case is resolved.

Can You Fix Your Status if You’re Undocumented?

Even if you are currently living in Canada without legal status, there are still options to regularize your situation. You don’t have to face deportation or other penalties without exploring potential solutions. Some of the ways to fix your status include:

• Humanitarian and Compassionate Grounds
  Humanitarian and Compassionate (H&C) grounds for applying for permanent residence are among the most practical solutions for undocumented immigrants in Canada. This application will take into account the aspects like duration of residence in Canada, the effect on your family and the sufferings that you could face in case you were forced to go back home. It is an avenue of entry to people who may not be eligible to be immigrants in any other way, yet have very good justifications as to why they want to remain in Canada.
• Temporary Resident Permit (TRP)
  You may need to apply for a Temporary Resident Permit (TRP) if you are in Canada without legal status. A TRP may enable you to remain in Canada temporarily while in the process of settling your immigration status. Although a TRP is not permanent, it can give you a chance to stay in the country as you look into other avenues to permanent residence.
• Family Sponsorship
  Family sponsorship can also be a good method of regularizing status in the case of those who have Canadian family members. You can be sponsored to gain permanent residency through your marriage or a common-law relationship with a Canadian citizen or permanent resident. It is among the most popular and efficient avenues to immigration by individuals who have good family connections in Canada.
• Voluntary Departure and Re-Entry
  In case you have exceeded your visa or have entered Canada illegally, you may leave the country on your own and re-enter it through a legal procedure. Although this might imply waiting, it is sometimes a more appropriate alternative to deportation, which can lead to lifelong effects. The damage to your immigration record can be minimal by owning up and leaving voluntarily.

Frequently Asked Questions (FAQs)

1. What will become of me in case I exceed my visa in Canada?
   If you exceed your visa, you might be deemed an illegal immigrant and may face deportation, fines, or a restriction on re-entry. You might also be unqualified to process some immigration programs.
2. Can I seek the status of permanent residence in Canada if I am undocumented?
   Yes, it can be possible, but it can be harder. Depending on your conditions, you can be granted permanent residence under humanitarian and compassionate grounds, family sponsorship or other avenues.
3. Can I work in Canada as an illegal immigrant?
   No, it is illegal to work in Canada without legal permission. Possible fines, deportation, and even a ban on reentry may be the punishments that await you in the event that you are caught working as an undocumented individual.
4. What can I do to rectify my immigration situation in Canada?
   Being an undocumented individual, you can choose between several options, including a Temporary Resident Permit (TRP), permanent residence on the grounds of Humanitarian and Compassionate factors or family sponsorship in case you have relatives in Canada.
5. Will I be deported due to being illegal?
   Deportation is indeed rated as one of the harshest penalties that are accorded to illegal immigrants in Canada. In the instance of the identification of an undocumented individual, the Canadian government is able to issue an order of deportation, meaning that he or she will be required to leave the nation.

Conclusion

Life as an undocumented immigrant in Canada may be harsh in terms of punishment, but it does not mean that one should give up. In such a case, there are legal avenues that you can pursue to legalize your status and be on a pathway to permanent residency status. It is important to know what you can do and do it immediately before you can experience such harsh punishment as deportation.

Kurzfeld Law Firm can help you out in case you do not know what you should do next. Our team of qualified immigration lawyers is capable of evaluating your case, taking you through the process and finding the most appropriate solution. Call us today, and we will help you realize your immigration dreams.