Can Illegal Immigrants Restore Their Status in Canada?
November 3,2024 Amritpal Kaur
Canada’s immigration system is known for being welcoming, but for those who have overstayed their visas or are living without status, life is far from easy. Out-of-status individuals face constant uncertainty, but can they restore their legal status in Canada?
While removing all illegal foreign nationals may seem like an easy fix, it’s far from achievable. Even if the government attempted to deport everyone, the process would be slow and complicated, with many individuals protesting their removal. So, what are the options for those who have lost their status?
The Challenge of Removal
As of 2024, Canada has a backlog of around 215,000 people facing removal orders, but only a small fraction—about 5,300 people in 2023—are actually removed. Enforcement agencies struggle to track and apprehend everyone, and public sentiment is increasingly in favor of finding solutions rather than removal. In fact, 56% of Canadians support some form of amnesty for undocumented workers, reflecting a shift towards more compassionate policies.
Ways to Restore Legal Status
For those out of status, there are several paths to regain legal status in Canada:
Restoration of Status: If you’ve overstayed your visa within the last 90 days, you can apply to restore your status. It’s a straightforward process if the conditions are met.
Temporary Resident Permits (TRP): If restoration isn’t possible, you may apply for a TRP, which allows you to stay temporarily for reasons such as humanitarian needs.
Humanitarian and Compassionate Grounds: Individuals can apply for permanent residency under humanitarian grounds, especially if they have strong ties to Canada or face significant hardship if sent back to their home country.
Spousal Sponsorship: If married to a Canadian citizen or permanent resident, you can apply for spousal sponsorship for permanent residency.
Why Removing All Illegal Immigrants Is Impossible
Removing everyone who’s out of status in Canada is unrealistic for several reasons:
Enforcement Challenges: With a significant backlog and resource limitations, the process of removal is slow.
Public Support for Amnesty: Many Canadians support regularizing the status of undocumented workers, especially those contributing to vital sectors like agriculture.
Humanitarian Considerations: Canada’s immigration system is rooted in compassion. The best interests of children, family unity, and the potential dangers of returning individuals to unsafe countries all factor into decisions.
Moreover, many undocumented individuals contribute significantly to Canada’s economy, with estimates showing they add over $7.5 billion annually through labor and taxes.
Alternatives to Deportation
Rather than removing out-of-status individuals, Canada could explore regularization programs—similar to the one in 1973 that legalized thousands of undocumented workers. This approach would recognize the economic contributions of undocumented workers and allow them to work legally, benefiting both the economy and society.
Canada’s immigration system faces significant challenges in dealing with out-of-status individuals. While deportation may be impossible, there are options available for those seeking to restore their status. Moving forward, a compassionate and practical approach is needed to balance enforcement with the recognition of the contributions these individuals make to Canadian society.
Keep your options open, stay proactive, and make sure to consult us as immigration consultants, we can help you navigate the complex immigration process with ease.
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