Illegal Status

Canada Immigration Forum (discussion group)            
Subject: Illegal Status
  Well, i just want to ask you some questions.

First, sadly i´ve been in Canada for almost 2 years without a legal situation.

A lot of problems happened by the time my visa was about to expire and i had no other option than to stay. I never applied for refugee or residence, although i was going to, and im sure i would have gotten it, problem is that i had a few problems back home and was waiting for them to be resolved before applying here and at the end things just got worse and i couldn´t go back or get my residence here.

So for the last 2 years i´ve been living here, working under the table adn surviving. Believe, im not happy with my situation, but at the same time im better here than if i was in my country right now.

The reason why i said that if i had applied i would have gotten the residence is because i went to college here, and most of my friends who applied for residence got it, so i have regretted the fact that i did not have the opportunity to do it on time.

Now, i dont want to stay longet here without being able to do something about it. No medical insurance, no papers, nothing.

I know in the states even when people has stayed illegaly they sometimes can fix that without having to leave the country. Is that possible in here ?

What are my choices, besides leaving the country ?

I know people that have no papers and have lived here for a longgg time. But me, i want to fix that, It´s horrible to be in this situation and not being able to do much about it.

Anyway, any help would be gladly appreciated.

Thanks in Advance.


Steven Gonz
(in reply to: Illegal Status)
I believe that you certainly need a well trained immigration attorney to explore the ways and means of presenting your case in a meaningful way. I doubt there is anyone on this forum or other forums that can give you really usable info on this very dark subject. I am nto aware of any amnesty programs available, as they are available for law-abiding illegals in the US. Your status works only as long as you don´t fall sick. good luck anyways.
(in reply to: Illegal Status)

If you are in real danger if you get back to your home country , you might still elegible as a refugee , BUT if there isn?t , you might get deported.

Try to find a VERY good lawyer , but if your ask me , you have to leave Canada , ask for a pardon and apply as Skill Worker if you qualify.

Good luck

Options? (in reply to: Illegal Status)
Hey Steve,
Illegal status can be very frustrating?In your situation and the way you present it, there are a couple of questions I ask myself and questions I believe you would be asked if you chose to seek refugee status:
1) Why did you overstay your visa?
2) Why didn?t you seek refugee status at the first opportunity?
3) Is your intended claim just a ruse to abuse and undermine the well-structured Canadian Immigration system?
One very pivotal issue in the determination of refugee claims is the delay in laying a claim. You have been working under the table and this is an automatic deportation if discovered or caught. Those are just some of the issues I identify from what you mentioned.

On the flip side, you could always seek counsel but you would need to be truthful about your actual situation. You obviously are not a refugee but someone seeking a better life. You may find it really difficult; if not impossible to change your status in Canada ?your country of origin would also play a role in the whole process. It doesn?t hurt to try but you risk immediate detention and deportation?you may continue to work under the table in the hope of not being caught some day?but what does the future hold in store for you??your kids if you intend to have any?...your family? I believe it is something to which you should give intensive thought.
A skilled worker application may be processed but you woudl still need to leave Canada to do that.Hope this helps or give you some insight.

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