Grew up here but don't have PR, no study permit, help

[aubreyy34]

Sorry it's going to be pretty long but my situation is a mess.
I'm 20 years old, female, from British Columbia, officially a German citizen.

Basically I was born in Germany so I got German citizenship because I was born there, but half my family is 100% Canadian and I grew up here. I grew up in BC, spoke exclusively English, did everything like a Canadian kid pretty much, and because I was living with Canadian relatives (and my parents) I never realized I wasn't a Canadian citizen. I have no memories of living in Germany, I think I was only a baby at the time. When I was a kid my parents applied for study permits for me etc but I was never aware I had one. My parents moved to Germany (where they're from) when I was 16 but I stayed here with my extended family to finish high school. I graduated in 2016. I applied to go to uni, got into a few, went to a university in Nova Scotia and am still attending. I currently don't have a study permit, because I didn't know I would be considered an international student as I literally grew up here with my Canadian family... So that's problem #1
I have a boyfriend who has dual Canadian-American citizenship, we've been together for 1 year and a half. We live together but with another roommate (friend). We could qualify as common law so he could sponsor me for PR I guess.
Now the problem:
- I guess in the eye of the Canadian government, I'm just a German international student who doesn't have a proper study permit. However I've literally lived here my whole life, I got German citizenship because I was born in Germany, but I don't even speak the language or know anything about the culture! My friends are Canadian, my family that I've lived with is Canadian, etc. So it's kind of a shock to me, because how I feel/how I've always seen myself is not official I guess
- What would be the fastest route to PR for me? Have my boyfriend sponsor me? My uncle/aunt and family here (who I've lived with my entire life, including from age 16-18 without my parents and they were my legal guardians) are Canadian and would definitely be willing to sponsor me but I'm not sure what family class app this would fall under. (can I be a dependent child if I'm 20, living away for school but my family supports me and claims me as dependent on their taxes?)
- Am I going to get in trouble when I apply for a study permit in the meantime? I'm going to apply for a study permit for september, but am I gonna be in trouble for attending uni for 2 years without a study permit (I didn't think I would need one, I was never considered an international student)

I only found out about this a few months ago when I didn't have a Canadian passport, and my parents said well of course not, we never applied for one, you're German. That was kind of a shock because I always assumed I had dual citizenship (even though I've always felt Canadian, as I have 0 ties to German culture/I don't speak German...)

If someone can answer my questions above it would be greatly appreciated! Basically, what's the best route to PR for me (sponsor from BF/family/or maybe there's a program for "fake Canadian" kids like me?)
Am I gonna get in trouble for requesting a study permit for September? I heard you have to show "ties to your home country" but my home country is Canada... I wouldn't even be able to survive in Germany because I don't speak the language, I don't know how to go about finding a place to live there and stuff...

edit: I'll add that my parents were always legally here (work permits, employed, 100% legit), my Canadian family is Canadian-born, me and my older brother were here legally until I was 18 (study permits that our parents applied for). When I was 16, my parents moved to Germany but I was still here on a study permit with my Canadian family as legal guardians. My brother was 18 at the time and decided to go with them because he wanted to live in Europe and he already spoke some German. I guess I became "illegal" between September 2016 and now, because I don't have a study permit.

 

[scylla]

Your aunt and uncle cannot sponsor you.

A study permit is not an option and will be refused since you have no status in Canada I would not recommend you apply - all that will do is draw attention to the fact that you are here illegally. Note that you're currently attending university illegally. I would recommend you stop attending school as soon as this term is over and not start again until you have addressed your status in Canada. I assume you are not working. If you are - stop.

The best option (assuming your relationship is genuine and committed) is for your boyfriend to sponsor you for PR provided you can prove you meet the common law requirements. If you decide to apply via this route, you'll need to make sure you are 100% honest about your immigration history in Canada.

 

[canuck78]

I'd be prepared to pay some significant fees when the university realizes you have been attending as an international student. If you parents left you to finish high school your domestic fees were based on them working in Canada so you should have been paying international fees then. As previously mentioned you need to stop work/school now. You should have done it as soon as you realized around Christmas time. If your parents applied for students visas for you in high school they obviously realized you would need one for university. Not sure how that got missed when you applied for university. Your parents have made your immigration situation much more complicated. Not sure why you also don't know your citizenship status. I would suggest getting a lawyer.

 

[aubreyy34]

I'm done with school but I'm 2 years into my degree, I can't just drop out and do nothing? No I don't have a job and never have, just done some volunteering in high school (unpaid) because I needed 30 hours of work/volunteering to graduate.
My bf is going to sponsor me and of course I will be 100% honest, but I will include a letter explaining my situation (I know legally I'm German, but I 've never even lived in Germany or speak the language... Canadian born and raised)
Will the fact that pretty much my whole family is Canadian + I've always lived here etc come into play at all?
If I apply for a study permit in the meantime, will I be able to get it by September? Am I putting myself at risk by applying for one?

Also I went to a public high school but I was always considered domestic (another reason why I had no idea I wasn't legally Canadian) as my legal guardians were Canadian and I've always gone to school here.
I don't really have money for a lawyer. From what I see, I'm going to apply for PR through my bf (common law) and maybe for a study permit, though I worry because one condition is to show "ties to your home country and that you will leave Canada after your studies" My home country is Canada and I would have no place to go in Europe/Germany. I don't know if it's even possible to live there and "survive" without speaking German? If you don't look at my official citizenship, I only have ties to Canada (school from daycare to university, bank accounts, phone service, family, friends, family doctor...) I know you don't need to have legal status to apply for PR under the common law sponsorship, so I guess I would rather do that as I'm pretty sure I will be accepted (genuine relationship, obviously not a threat to my home country/grew up with Canadian values)

 

[scylla]

Applying for a study permit at this point is a bad idea. You do not qualify for one since you are out of status in Canada (i.e. here illegally). There's no chance of approval.

And yes - applying for a study permit puts you at risk. It will draw attention to yourself (and the fact you are here without status) and may result in IRCC issuing a departure order.

 

[canuck_in_uk]

I'm done with school but I'm 2 years into my degree, I can't just drop out and do nothing? No I don't have a job and never have, just done some volunteering in high school (unpaid) because I needed 30 hours of work/volunteering to graduate.
My bf is going to sponsor me and of course I will be 100% honest, but I will include a letter explaining my situation (I know legally I'm German, but I 've never even lived in Germany or speak the language... Canadian born and raised)
Will the fact that pretty much my whole family is Canadian + I've always lived here etc come into play at all?
If I apply for a study permit in the meantime, will I be able to get it by September? Am I putting myself at risk by applying for one?

Also I went to a public high school but I was always considered domestic (another reason why I had no idea I wasn't legally Canadian) as my legal guardians were Canadian and I've always gone to school here.
I don't really have money for a lawyer. From what I see, I'm going to apply for PR through my bf (common law) and maybe for a study permit, though I worry because one condition is to show "ties to your home country and that you will leave Canada after your studies" My home country is Canada and I would have no place to go in Europe/Germany. I don't know if it's even possible to live there and "survive" without speaking German? If you don't look at my official citizenship, I only have ties to Canada (school from daycare to university, bank accounts, phone service, family, friends, family doctor...) I know you don't need to have legal status to apply for PR under the common law sponsorship, so I guess I would rather do that as I'm pretty sure I will be accepted (genuine relationship, obviously not a threat to my home country/grew up with Canadian values)

You are studying illegally and need to stop.

The fact that you have Canadian family and have lived here won't count for anything in a sponsorship app. All that matter is proving your genuine relationship with your partner.

You have been out of status for years and have zero chance of being approved for a study permit.

 

[canuck78]

You really need to consult a lawyer. This is a pretty serious situation. You are currently here illegally. The longer you go without addressing it the more problematic things can become. You currently shouldn't have access to health care as well.

 

[OmarMark]

Reading this is heavy. I want to note that this is both a sad and harsh situation for you. My sincerest sorry.

However, emotions aside; as everyone has mentioned, you are in Canada illegally and your situation is very complex. The way you have access to everything is also coming from a lot of luck, you have no passport or birth certificate meaning you also have no social security number or any chance of moving forward into your future in Canada without legal status.

I address this because you may come to feel scared after reading what everyones told you but you need to make sure you don't try to play this out any longer or you could risk a ban from the country. (Happened to my friends father after staying illegally without action.)

As people have mentioned you will need a lawyer. It's honestly not a choice but a must for you. You need to ask your boyfriend, parents, family to send and give you money to afford one if you want any decent chance in keeping your life in Canada.

I hope the best for you & good luck

 

[Rob_TO]

I'm done with school but I'm 2 years into my degree, I can't just drop out and do nothing? No I don't have a job and never have, just done some volunteering in high school (unpaid) because I needed 30 hours of work/volunteering to graduate.
My bf is going to sponsor me and of course I will be 100% honest, but I will include a letter explaining my situation (I know legally I'm German, but I 've never even lived in Germany or speak the language... Canadian born and raised)
Will the fact that pretty much my whole family is Canadian + I've always lived here etc come into play at all?
If I apply for a study permit in the meantime, will I be able to get it by September? Am I putting myself at risk by applying for one?

Also I went to a public high school but I was always considered domestic (another reason why I had no idea I wasn't legally Canadian) as my legal guardians were Canadian and I've always gone to school here.
I don't really have money for a lawyer. From what I see, I'm going to apply for PR through my bf (common law) and maybe for a study permit, though I worry because one condition is to show "ties to your home country and that you will leave Canada after your studies" My home country is Canada and I would have no place to go in Europe/Germany. I don't know if it's even possible to live there and "survive" without speaking German? If you don't look at my official citizenship, I only have ties to Canada (school from daycare to university, bank accounts, phone service, family, friends, family doctor...) I know you don't need to have legal status to apply for PR under the common law sponsorship, so I guess I would rather do that as I'm pretty sure I will be accepted (genuine relationship, obviously not a threat to my home country/grew up with Canadian values)

Note that it's mandatory you have a passport in order to apply for PR as common-law partner. So you should immediately start to inquire about getting your German passport as you can't do anything without it. You might want to call embassy or consulate to ask exactly how in your situation:
https://www.embassypages.com/missions/embassy955/
https://www.embassypages.com/missions/embassy957/

Also note that as cruel as it sounds, IRCC will probably not care at all that you've spent your whole life in Canada. If you apply for a study permit and they see your huge overstay here with no status, they will probably have no issue at all to immediately ask you to leave Canada back to Germany, possibly leading to a deportation order if you don't leave voluntarily. Germany is a safe country, and your parents are currently there, so it would be incredibly hard to argue any H&C reasons to be allowed to stay. So best option may be to just sit and do nothing, get your passport, then apply for PR under a family class app using INSIDE CANADA process. There is less of a chance (though still a small risk) that IRCC/CBSA will act on any removal from Canada if you have an inland PR app in process.

 

[aubreyy34]

To answer a few things:
- I do have a social security number, access to healthcare (BC healthcare, as that's my home province and where I permanently reside even though for the past 2 years I've been attending school in Nova Scotia). I have my L (like a BC driver's licence) and my healthcare/service card (from BC)
- I do have a German passport, just no Canadian passport
- My family supports me while I'm in school, I also got a scholarship because of my grades/program I got into. However I'm a 20 year old student, I don't know of any lawyers and I don't think I can afford one.
- I have travelled to the US (to visit friends/my boyfriend's family/on breaks) and a few times to Europe, and I came back with no issue. I've always gone into the Citizen/PR line and was never asked any questions other than the usual "do you have anything to declare?" and having to fill in the declaration card.
- I have only been out of status for 2 years, not knowing I was to be considered an international student.
- I'm not going to apply for H&C, my life is very safe indeed. I don't know what I would do in Germany though, not speaking the language or knowing the school system/culture there. I'm going back home to BC soon and I will get in touch with my MP so we can look at options but my plan is to apply for PR through the common-law partnership (we have a lease agreement showing we lived together and a bunch of proof)

Based on the information so far, I'm going to apply for PR (Inland common law) and pretty much hope my life doesn't change. I mean I've never been treated as an international student, I realize I'm lucky and I could have gotten in a lot of trouble legally, but it's kind of ridiculous to grow up here with Canadian family, be considered Canadian by everyone including myself, but not legally...

 

[Rob_TO]

but it's kind of ridiculous to grow up here with Canadian family, be considered Canadian by everyone including myself, but not legally...

It's not ridiculous at all. Nobody simply becomes a PR or citizen by living in Canada for some number of years. One must first qualify and apply for PR, by being sponsored as a dependent from their parents (who much be PR/citizen), sponsored by a spouse, or qualifying through one of the economic immigration streams. You have not gone through any application process whatsoever, so not sure why you think you should be a PR or citizen here.

No other family member (siblings, aunts, uncles, etc) can help one get PR status. Only parents can sponsor dependents, so if parents are not PR/citizens then their children will also never be PR/citizens unless they can qualify on their own.

When was your last entry into Canada from US or overseas? As baffling as it is that CBSA never inquired about your status or what you do in Canada, everytime you return to Canada you put yourself back into legal status as a visitor for 6-months at a time. Of course the studying with no permit is another issue. But if you've returned within past 6 months, you are actually in legal status right now albeit attending school illegally.

You will need to be careful in your PR application, specifically the section on your residence history. You will need to find out when you were here with legal visitor status. and when you were here with no status (6 months after each entry to Canada), and put this honestly in the application. You don't want to indicate you were here legally all this time and have a visa officer find out otherwise. IRCC will also see you were studying illegally. While this in itself is not a block to getting PR app approved, you need to have very strong proof of your relationship and common-law status, since it will look like you desperately want to stay in Canada so your relationship may face extra scrutiny.

 

[aubreyy34]

Of course I want to stay in Canada... this is my home! I agree no one should become a citizen or PR just for living here for a number of years, if you're an immigrant, but I'm just like any other Canadian kid... EDIT: and ofc my relationship with my boyfriend is genuine. I mean living/growing up in Canada and being in university in a smallish town, the chances of dating a Canadian are so much higher than they are in some other places, just because the city I study in isn't as multicultural as cities like Toronto or Vancouver. Going by that reasoning, people could argue that I'm after getting a green card as well, because he happens to have dual American/Canadian citizenship, but I don't ever plan to live in the US or anything
Apparently I can claim citizenship and apply for a Canadian passport as I might have Canadian citizenship by descent (through my parents who are officially dual citizens) so I wouldn't have to go through the process at all. I would just have to proove my parents are Canadian citizens and did ceclare me on their application, but never applied for me to get a Canadian passport.
The last time I left Canada was in December/January for 10 days to go to the US. I've travelled at least once a year since I was born (no I'm not rich lol but just taking the ferry from Vancouver to Seattle or spending a couple days in the US counts as travelling I guess)

 

[Rob_TO]

Apparently I can claim citizenship and apply for a Canadian passport as I might have Canadian citizenship by descent (through my parents who are officially dual citizens) so I wouldn't have to go through the process at all. I would just have to proove my parents are Canadian citizens and did ceclare me on their application, but never applied for me to get a Canadian passport.)

You really needed to give all this info in your original post, as it changes every single answer you got so far.

If just 1 of your own parents was born in Canada, or immigrated here (naturalized) before you were born, or went through PR process and then citizenship and included you in all their apps, then you are already a Canadian citizen regardless if you applied for anything or not, or regardless if you have a passport.

You need to first confirm exactly how/when they got citizenship, and if it includes you as well. Then you would then just apply for proof of citizenship directly, and could skip the whole PR process.
https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/become-canadian-citizen/eligibility/already-citizen.html

 

[aubreyy34]

My parents are the only members of my family who weren't born in Canada and lived in Germany most of their lives, hence why I was born there, before they moved to Canada when I was a baby (to the point that I don't remember that at all) They weren't citizens at the time, but I'm pretty sure they applied after a while as they spent about 15 years here. I never had to take a medical exam or anything as far as I know (maybe because I was a kid)
I only have a German passport, but that's it, all my other legal documents are Canadian (driver's licence, service/health card, high school diploma, medical records, anything I can think of) and I know for sure I was never considered an international student by my schools (high school and uni), immigration/airport security, etc.

What documents would I need to legally prove that then? My parents' Canadian passports? I guess they don't care about all the other documents I might have, even government things like driver's licence, school records...?

 

[scylla]

My parents are the only members of my family who weren't born in Canada and lived in Germany most of their lives, hence why I was born there, before they moved to Canada when I was a baby (to the point that I don't remember that at all) They weren't citizens at the time, but I'm pretty sure they applied after a while as they spent about 15 years here. I never had to take a medical exam or anything as far as I know (maybe because I was a kid)
I only have a German passport, but that's it, all my other legal documents are Canadian (driver's licence, service/health card, high school diploma, medical records, anything I can think of) and I know for sure I was never considered an international student by my schools (high school and uni), immigration/airport security, etc.

What documents would I need to legally prove that then? My parents' Canadian passports? I guess they don't care about all the other documents I might have, even government things like driver's licence, school records...?

The application process is below. This will tell you want documents you need.

https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/proof-citizenship/apply.html

EDIT: Note that you can only claim Canadian citizenship through your parents if they become Canadian citizens BEFORE you were born.