Regardless of the reason why you ended up being out of status (illegal) their are options for you to gain permanent residents. There are lots of programs that allow persons to apply from within Canada to obtain their permanent residence that do not include marrying a Canadian or Permanent Resident. Everyone who wishes to gain permanent status in Canada must be careful how they apply especially if the Canada Border Service Agency (CBSA) has issued an arrest warrant for you.
Did you arrive in the (GTA) Greater Toronto Area on a work permit? When the immigration regulations changed and said after four years you had to leave and apply again from abroad, but you stayed? You should contact us because the (CLC) Canadian Labour Congress is willing to support your application if you meet certain conditions.
- Foreign Nationals who either:
- Legally entered Canada as a temporary resident; and, previously received authorization to work in the construction industry; and,
- Provide proof of filing Canadian income tax returns or declaring income in Canada (400 principal applicants); or,
- Legally entered Canada as a temporary resident (100 principal applicants);
- Have continuously resided in Canada for at least five years on the date of their application;
- Are currently working without authorization in the construction industry in the Greater Toronto Area (GTA) and have accumulated, and be able to provide evidence of, three years full-time work experience within the past five years in construction in the GTA in the occupations referenced in Annex A.
- Provide evidence of language ability at Canadian Language Benchmark speaking 4, listening 4, reading 4 and writing 4;
- Have family (mother, father, brother, sister, grandmother, grandfather, grandchild, aunt, uncle, niece, nephew or cousin) living in Canada who is a Canadian citizen or permanent resident, or have a spouse, common-law partner or child in Canada;
- Have a referral letter signed by the Canadian Labour Congress attesting that the applicant meets the above conditions; and,
- The foreign national (and family members) are not inadmissible other than pursuant to any of the following: paragraph 40(1)(a) and sections 41, 42 of the Act and for no other reasons than overstaying their temporary resident status and working without authorization.
Why not consider submitting a Humanitarian and Compassionate (H&C) application for landing from within Canada under section 25 (1) of the Immigration and Refugee Protection Act. Do you have factors that seem logical to the average Canadian? Some factors listed here on the Immigration website will allow you to gain insight into whether or not you have enough factors. https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/humanitarian-compassionate-consideration/processing/assessment-dealing-family-relationships.html
It is best if you are well established to retain an immigration consultant to explain your factors clearly because they are more likely to spend the hours, days, weeks and yes months to put together a complete application. Certain Lawyers are less likely to be willing to spend all the time necessary to submit a quality application relying on charging you for leave to appeal to the Federal Court when your H&C application is rejected.
You just overstayed your work permit, study permit, or visitor status and never applied for an extension that was not refused, then met that perfect other person? Come and consult with us and we will assist you with submitting an In-Land Spousal application that will greatly decrease the chances of you ever being called for a marriage interview.
If you were a farm worker who refused to go back home at the end of your contract or just walked away from the farm job without permission then met that perfect someone. If your a failed refugee claimant who got told to get on the plane and leave then met that perfect someone. Were you a visitor that got a refusal of a visitor extension and given a voluntary departure order and did not leave, then met that perfect someone. Get experienced help before submitting an In-Land Spousal Sponsorship application because there is highly likely an arrest warrant with your name on it. We may be able to keep you here or if your relationship is really genuine we can bring you back after you surrender yourself and go home.
Roy Kellogg cvimmigration.com