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ILLEGAL
IMMIGRANTS

UNDERSTANDING

ILLEGAL IMMIGRANTS

Restoration of Status: Those who have stayed 90 days or less beyond the validity of their temporary status can apply to restore that status.

Temporary Resident Permit : A Temporary Resident Permit can allow a person without status to remain in Canada temporarily. Valid reasons might include: the hardship of family separation, a well-founded fear of harm in their country of nationality, or the need to carry out work in Canada that is beneficial to Canadians.

Humanitarian and Compassionate Grounds: Another possibility is an application for permanent residence on humanitarian and compassionate grounds, known as an “H&C application”. In evaluating an H&C application, officers will consider the best interests of any children, family reunification, health issues, establishment in Canada, and potential hardships posed by return to the country of origin.

Asylum Claimants: While entering Canada outside of a port of entry may represent an unlawful act, section 133 of the Immigration and Refugee Protection Act requires that charges related to the crossing are stayed while an entrant’s claim for refugee status is being processed. If the Canadian government grants refugee status, any charges are stayed permanently.



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North York

1111 Finch Ave. W., Suite 300 Toronto, ON M3J 2E5

SCARBOROUGH

820 Markham Rd., Unit 3 Scarborough, ON M1H 2Y2