Illegal / No Status - Invited to apply Express Entry Application

[latitude45]

Hi,

I am asking on behalf of a friend.
He doesnt have a wife/kids/girlfriend/family in canada. it's just him.
He came to canada under student visa, finished school and started working with a work permit.

**First thing**
His work permit expired in 2015. he tried to renew his work permit before it expired, the application took quite a long time and his work permit expired.
But he continued working under the assumption that he is under implied status until he hears back.
He ended up not getting the work permit because he needed LMIA (his company wasnt willing to go through the process of getting him one).
At this point he stopped working but there is a little time that he worked without a valid work permit.

**Second thing**
When his work permit got rejected, he tried to apply for visitor permit but since his current status was expired, the visitor permit was also rejected!
And he was given an order to leave the country because he doesnt have a valid status.

**Third Thing**
He didnt leave the country when he was given the order to leave.
He has been living without a valid status for about a year.

All this time, even while he was working with a valid status, he had an application for PR under express entry.
He was just waiting for invitation letter.
Recently, he finally got the Invitation Letter to apply for PR.

**Question**
- If he accepts the invitation, will he be rejected because he lived in canada without a status?
- Is there any way to restore his status, maybe pay a fee/penalty?
- Should he get a lawyer before accepting the invitation and somehow try to restore the status.
(if so, any suggestions of good lawyers in Calgary/Edmonton/Red Deer Area?)


Your advice will be greatly appreciated.

thanks

 

[RiZ92]

According to Canadian Law, You cannot get PR if you are Inadmissible in Canada.

One of the Inadmissibility Reason is failure to Comply with any Provision of IRPA

Examples of failure to comply with IRPA include:
temporary residents who do not respect the conditions of their stay—for example, they stay longer than allowed, or work or study without the proper permits
permanent residents who have not lived in Canada for the required amount of time and
people who have previously been deported and try to enter Canada without written authorization.
In some cases you may need an Authorization to return to Canada (ARC) in order to be admitted to Canada.

 

[sanpatel30]

I need expert advise,
my open wp was expired on Nov 2015 before that I applied for extension based on offer of employment exempt from LMIA and on PNP application but they refused on March 2016. So I restored my status as a visitor got until Dec 2016 and meanwhile I found LMIA based job offer, then I also applied for visitor extension on based on +LMIA and got until March 2017. So in this time I applied for LMIA based wp on Jan 2017 but refused on March 2017 and also applied for EE on Jan 2017 and also refused on April 2017. Before I got these two rejection I applied for visitor extension on March 16, 2017 and it is still processing. Moreover I also got invited for EE and got AOR on 17th April 2017. My concern is that,
Did I break any immigration law?
Does it affect my PR application?
If visitor extension is not approved then I have to leave this country but will they give me time for preparation and it may cause any effect to my running PR application.
Please reply me very stressful situation
thank you

 

[hamgha]

I need expert advise,
my open wp was expired on Nov 2015 before that I applied for extension based on offer of employment exempt from LMIA and on PNP application but they refused on March 2016. So I restored my status as a visitor got until Dec 2016 and meanwhile I found LMIA based job offer, then I also applied for visitor extension on based on +LMIA and got until March 2017. So in this time I applied for LMIA based wp on Jan 2017 but refused on March 2017 and also applied for EE on Jan 2017 and also refused on April 2017. Before I got these two rejection I applied for visitor extension on March 16, 2017 and it is still processing. Moreover I also got invited for EE and got AOR on 17th April 2017. My concern is that,
Did I break any immigration law?
Does it affect my PR application?
If visitor extension is not approved then I have to leave this country but will they give me time for preparation and it may cause any effect to my running PR application.
Please reply me very stressful situation
thank you

better to open a different thread specific to your case

 

[karenv]

The third thing in the list is not a valid excuse.When you don't have a valid status in Canada, you should leave the country. Or do you mean he doesn't have valid status of his origin country; that's why he can't come back?

He should consult a lawyer.

It's hard to restore his status after a year. Normally, you have to do it within 90 days after the work permit expires.
He is in a dilemma. If he submits any applications for restoration/work permits/PR with Canadian address, he will tell CIC that I am here illegally and you can come here to get me. CIC performs background/security check, they will know that he is overstayed.

I think that your friend should leave the country immediately. After that, he can accept the Express Entry. There is no custom when exit, so he should be fine. Voluntary leaving is still better than deportation.

 

[latitude45]

Hi,

the sentence -
"He didnt leave the country when he was given the order to leave because he didnt have a status."
i worded it incorrectly. i was just stating the reason he was asked to leave the country.
i edited my post. it should be clear now - thanks.

He has citizenship in his country of origin. so he can go back.

i know the situation is pretty bad. I was just wondering if there is any way to resolve it without him having to leave the country.
Also can lawyers do anything at this point even?

thanks

 

[scylla]

Hi,

the sentence -
"He didnt leave the country when he was given the order to leave because he didnt have a status."
i worded it incorrectly. i was just stating the reason he was asked to leave the country.
i edited my post. it should be clear now - thanks.

He has citizenship in his country of origin. so he can go back.

i know the situation is pretty bad. I was just wondering if there is any way to resolve it without him having to leave the country.
Also can lawyers do anything at this point even?

thanks

He needs to leave the country to restore his status. It's far too late to do that from Canada. Nothing a lawyer can do about it.

He also cannot apply under Express Entry if he's out of status.

He needs to leave Canada.

 

[can_indian]

Hi,

I am asking on behalf of a friend.
He doesnt have a wife/kids/girlfriend/family in canada. it's just him.
He came to canada under student visa, finished school and started working with a work permit.

**First thing**
His work permit expired in 2015. he tried to renew his work permit before it expired, the application took quite a long time and his work permit expired.
But he continued working under the assumption that he is under implied status until he hears back.
He ended up not getting the work permit because he needed LMIA (his company wasnt willing to go through the process of getting him one).
At this point he stopped working but there is a little time that he worked without a valid work permit.

**Second thing**
When his work permit got rejected, he tried to apply for visitor permit but since his current status was expired, the visitor permit was also rejected!
And he was given an order to leave the country because he doesnt have a valid status.

**Third Thing**
He didnt leave the country when he was given the order to leave.
He has been living without a valid status for about a year.

All this time, even while he was working with a valid status, he had an application for PR under express entry.
He was just waiting for invitation letter.
Recently, he finally got the Invitation Letter to apply for PR.

**Question**
- If he accepts the invitation, will he be rejected because he lived in canada without a status?
- Is there any way to restore his status, maybe pay a fee/penalty?
- Should he get a lawyer before accepting the invitation and somehow try to restore the status.
(if so, any suggestions of good lawyers in Calgary/Edmonton/Red Deer Area?)


Your advice will be greatly appreciated.

thanks

He will not get a PR via Express entry route, not possible.
Since we live in a crazy world, there are lots of people who have done crazy things to get a valid status in Canada/UK/USA. I have watched TV shows e.g. 'Border security/patrol Canada' and many other immigration shows, based on that I can think of only 2 scenarios where he can get a PR.

1. Since he is not married, if he finds Canadian citizen bride, go back to other country where he can legally stay and apply based on it.
2. Stay hidden till Government asks illegal immigrants to come forward and declares that they will be given valid status.

When it comes to illegal activity, I can not handle it, my hands and legs will shake like I am electrocuted. If you are like me, just leave Canada and find a place where you can stay/work/earn/enjoy/start_family legally. It's not worth it to stay hidden during the best years of your life.

 

[latitude45]

I knew it was a long shot but I was hoping there was some way.
Thank You all for your replies - much appreciated.

 

[latitude0]

Hi,

I am asking on behalf of a friend.
He doesnt have a wife/kids/girlfriend/family in canada. it's just him.
He came to canada under student visa, finished school and started working with a work permit.

**First thing**
His work permit expired in 2015. he tried to renew his work permit before it expired, the application took quite a long time and his work permit expired.
But he continued working under the assumption that he is under implied status until he hears back.
He ended up not getting the work permit because he needed LMIA (his company wasnt willing to go through the process of getting him one).
At this point he stopped working but there is a little time that he worked without a valid work permit.

**Second thing**
When his work permit got rejected, he tried to apply for visitor permit but since his current status was expired, the visitor permit was also rejected!
And he was given an order to leave the country because he doesnt have a valid status.

**Third Thing**
He didnt leave the country when he was given the order to leave.
He has been living without a valid status for about a year.

All this time, even while he was working with a valid status, he had an application for PR under express entry.
He was just waiting for invitation letter.
Recently, he finally got the Invitation Letter to apply for PR.

**Question**
- If he accepts the invitation, will he be rejected because he lived in canada without a status?
- Is there any way to restore his status, maybe pay a fee/penalty?
- Should he get a lawyer before accepting the invitation and somehow try to restore the status.
(if so, any suggestions of good lawyers in Calgary/Edmonton/Red Deer Area?)


Your advice will be greatly appreciated.

thanks

Hello latitude45,

Please I need from your help. Today I found this inquire sent by you about a year ago. Now happens that I am in the same situation of your friend. And I'd like just to ask you what happened with friend? Did he leave Canada? or he decided to apply to his PR anyhow?
I am feel so distress with my situation right now and I would really appreciate if you could reply back as soon as you can.

Thanks again!

 

[Raz0r]

Hello latitude45,

Please I need from your help. Today I found this inquire sent by you about a year ago. Now happens that I am in the same situation of your friend. And I'd like just to ask you what happened with friend? Did he leave Canada? or he decided to apply to his PR anyhow?
I am feel so distress with my situation right now and I would really appreciate if you could reply back as soon as you can.

Thanks again!

Better consult an Immigration Lawyer at the earliest. You can ping @DelPiero07 or @legalfalcon and ask their opinion on the same, both are renowned seniors at the forum. Good luck

 

[dsmith123]

Hi. If here on a refugee status with no decision yet, can I apply for express entry using the experience I got from outside Canada?

 

[scylla]

Hi. If here on a refugee status with no decision yet, can I apply for express entry using the experience I got from outside Canada?

No - you cannot.