Need Advice illegal immigrant in canada, please help

[Sammy B]

Hello, I have been an illegal immigrant in canada for a number of years now, it was all due to circumstance. I came on a study permit, then got a work permit but my passport expired and i sent it in for renewal but never got anything back( consulate claims they posted it but i never received it), in the meantime my mother who i was very close to expired back home and i was emotionally not stable and never went back, i lived with my boyfriend for a while but that ended as well. I have continued to support myself by taking up small jobs and doing freelance work for cash. I need to go home now but do not have any travel documents, i have never received any deportation or removal orders. So a few questions, can i approach my consulate for emergency travel papers? will i get into any trouble when i want to voluntarily leave? will my consulate let immigration know about my status?

 

[scylla]

Hello, I have been an illegal immigrant in canada for a number of years now, it was all due to circumstance. I came on a study permit, then got a work permit but my passport expired and i sent it in for renewal but never got anything back( consulate claims they posted it but i never received it), in the meantime my mother who i was very close to expired back home and i was emotionally not stable and never went back, i lived with my boyfriend for a while but that ended as well. I have continued to support myself by taking up small jobs and doing freelance work for cash. I need to go home now but do not have any travel documents, i have never received any deportation or removal orders. So a few questions, can i approach my consulate for emergency travel papers? will i get into any trouble when i want to voluntarily leave? will my consulate let immigration know about my status?

I'm sorry to hear about your mother.

Yes, you can certainly approach your consulate and ask them to issue you an emergency travel document. Canada has no exit controls. So once you have the emergency travel document, you will have no issues leaving Canada.

Once you leave Canada, you should assume it will be difficult to return given your immigration history here.

Hope this helps.

 

[Sammy B]

Thanks a lot for your advice, like i said i have been living like this since 2006(when my status expired), so a very long time now, more than half of that time with my boyfriend who promised to sponsor me but never did.

 

[scylla]

Thanks a lot for your advice, like i said i have been living like this since 2006(when my status expired), so a very long time now, more than half of that time with my boyfriend who promised to sponsor me but never did.

As long as you have no plans to return to Canada, I don't see any issues. Go ahead and get the temporary travel document. You'll have no issues leaving Canada.

 

[Sammy B]

thank you very much, i do not plan to return, i have an aging father who needs help and my sister has moved to the us, so he is alone, so i think i will stay with him.Canada is a great country but its unfortunate my stay is ending like this.

 

[scylla]

thank you very much, i do not plan to return, i have an aging father who needs help and my sister has moved to the us, so he is alone, so i think i will stay with him.Canada is a great country but its unfortunate my stay is ending like this.

Good luck with your travels and hopefully you'll be able to obtain the travel document quickly.

 

[GandiBaat]

thank you very much, i do not plan to return, i have an aging father who needs help and my sister has moved to the us, so he is alone, so i think i will stay with him.Canada is a great country but its unfortunate my stay is ending like this.

I will suggest, meet with a pro-bono lawyer.

1. Get for emergency travel document.
2. Meet a lawyer. Pro bono one. Discuss your options. If nothing ask @legalfalcon for basic guidance on it.

Why I am saying this is because, it might make sense for you to voluntarily disclose your illegal overstay in Canada. Get a ban while you leave and while you take care of your father it might just be over. Later you can again come back after serving your ban -- this time legally. Its like closing a chapter properly so you can again re-open if you feel a need.

 

[Sammy B]

Thank you for the advice. I will try to contact a pro bono lawyer or ask @legalfalcon for basic guidance once before leaving. Again you guys are a godsend for having this forum and responding promptly.

 

[legalfalcon]

Thank you for the advice. I will try to contact a pro bono lawyer or ask @legalfalcon for basic guidance once before leaving. Again you guys are a godsend for having this forum and responding promptly.

You are asking two questions:

1. Can you get travel documents?
The simple answer is yes. Your country where you are a citizen is obligated to provide you one.

2. Your stay in Canada without status?
Until you are reported and proceedings are commenced against you, you may not get any paper to that effect. You should, however, contact an immigration lawyer before you leave if you want to come back to Canada in the future. If you never plan to be back here, you can get you passport, and leave, there will be no issues.

 

[Sammy B]

You are asking two questions:

1. Can you get travel documents?
The simple answer is yes. Your country where you are a citizen is obligated to provide you one.

2. Your stay in Canada without status?
Until you are reported and proceedings are commenced against you, you may not get any paper to that effect. You should, however, contact an immigration lawyer before you leave if you want to come back to Canada in the future. If you never plan to be back here, you can get you passport, and leave, there will be no issues.

Thanks you for the response, i do not plan to be here in the future, but i will talk to an immigration lawyer all the same. Thanks for your advice. If i go to my country's consulate will they report me? or they do not care ?

 

[scylla]

Thanks you for the response, i do not plan to be here in the future, but i will talk to an immigration lawyer all the same. Thanks for your advice. If i go to my country's consulate will they report me? or they do not care ?

They won't report you to IRCC.

 

[marleesingh]

You are asking two questions:

1. Can you get travel documents?
The simple answer is yes. Your country where you are a citizen is obligated to provide you one.

2. Your stay in Canada without status?
Until you are reported and proceedings are commenced against you, you may not get any paper to that effect. You should, however, contact an immigration lawyer before you leave if you want to come back to Canada in the future. If you never plan to be back here, you can get you passport, and leave, there will be no issues.

If someone is waiting for almost two years for a response from IRCC for restoration of study permit, been working illegally, would your opinion be to consult a lawyer, and leave BEFORE a decision comes. If person wants to ever return to Canada?

 

[Sammy B]

They won't report you to IRCC.

thank you for the response

 

[legalfalcon]

If someone is waiting for almost two years for a response from IRCC for restoration of study permit, been working illegally, would your opinion be to consult a lawyer, and leave BEFORE a decision comes. If person wants to ever return to Canada?

If you want to just leave, you can do that, no questions are asked as long as you have proper documentation to travel, i.e. passport of the country you are travelling to or appropriate visas. Also, if there is no outstanding warrants against you, you will not be stopped.

However, if you plan to return to Canada, in the future, then you should contact an immigration lawyer to have this resolved before you leave.

Be advised that consultants cannot advise you or help you, only a lawyer can, as you may have to file a case before the IRB or Federal Court, as the case may be. This will be case specific situation, which only a lawyer can tell you.

Instead of canvassing suggestions and pinion on a public forum, talk to a lawyer. IF you do not have enough money, you can visit an immigration clinic

Law clinics are run by law students or volunteer lawyers and are located across Canada, especially in and around law schools.

Also, some volunteer organizations also provide legal assistance

See http://www.migrantworkersalliance.org/wp-content/uploads/2011/05/LICG-mwac.pdf

They will be able to evaluate your case, and documents and provide you with the right advice. The forum can only point you to the resources, but without evaluating your documents, and your precise immigration scenario, it is difficult to give a conclusive answer, especially under your circumstances.

You can google law clinics and you can get the list of those close to you. Due to COVID, some clinics may not be open, but they will let you know when to contact them.

Hope this helps.