I came to Canada illegally as a child. Looking for any possible option to become a legal resident.

[Seym]

As a first step, change your immigration lawyer, and if possible document the fact that he made you, well, break the law...

 

[emamabd]

Strange that the grade school and high school didn't catch it. When my son started grade school, I had to show them his landing document to prove he was a resident.

Grade school does accept children with no immigration papers, they asked you for it because they know you have it (based on what you filled in the registration forms). I think i read somewhere that Canadian grade schools try to make it easy for children who are in that unfortunate situation and don't tip IRCC or tell them about it...something related to children's rights.

University however is a different ball-game, i'm surprised that they didn't ask for any status documents as its one of the basic criteria for determining the fees.

 

[scylla]

We immigrated here around 2000 and 2012-ish so it wasn't that long ago lmao. But sure I'll make an appointment with an immigration lawyer and talk about applying for permanent residency.

Your options are pretty limited.

- An asylum/refugee claim will fail. You have no grounds for claiming asylum. So that's out.
- You could try applying for PR through H&C. The risk of H&C is that approval rates are low and it will put you on IRCC's radar. If you're refused, you'll be forced to leave Canada and should assume it will be very difficult to return. Having said that, it's possible an H&C application could succeed.
- Applying for PR through any economic immigration stream (e.g. Express Entry) is not an option for you. First of all, you cannot apply while out of status in Canada. Secondly, you need at least a year of full time legal paid work experience. Your parents also cannot apply (and include you as a dependent) given they are out of status in Canada.
- You can't apply for a study permit while out of status in Canada. You would have to leave Canada to apply for a study permit. Probably a very high chance of refusal given one of the requirements of a study permit is to prove you have strong ties to your home country and have no plans to remain in Canada long term.
- Same as above for a work permit. First of all, you need a job offer and approved LMIA to qualify for a work permit. But even if you have that, you can't apply from within Canada since you are out of status.
- If you married or entered into a common law relationship with a Canadian, they would be able to sponsor you for PR. However the relationship would obviously have to be genuine and you can expect IRCC will examine your application and relationship extremely closely given your history in Canada.

In the end, applying for PR through H&C may be your best bet. However very hard to say what your chances are of being approved and if you're refused, you'll have to leave or can expect to be removed (i.e. deported).

 

[ZingyDNA]

It's very hard living in Canada without status. I'm surprised the OP's family can survive for that long. I mean what happens if you want to see a doctor? Just pay everything upfront? It's not like in the states you can buy health coverage as long as you have the money. They don't care if you're legal or not. And then there's the schools/universities asking for your status... I remember my daughter's elementary school asked for her Canadian birth certificate for sure..

 

[Joshua1]

It's very hard living in Canada without status. I'm surprised the OP's family can survive for that long. I mean what happens if you want to see a doctor? Just pay everything upfront? It's not like in the states you can buy health coverage as long as you have the money. They don't care if you're legal or not. And then there's the schools/universities asking for your status... I remember my daughter's elementary school asked for her Canadian birth certificate for sure..

There is certainly more to this story.

 

[keesio]

It's very hard living in Canada without status. I'm surprised the OP's family can survive for that long. I mean what happens if you want to see a doctor? Just pay everything upfront? It's not like in the states you can buy health coverage as long as you have the money. They don't care if you're legal or not. And then there's the schools/universities asking for your status... I remember my daughter's elementary school asked for her Canadian birth certificate for sure..

I'm sure it is quite easy to pay up front for medical care. When my wife first landed in Canada, she had to wait for OHIP. I bought some emergency coverage but she still wanted some routine (non-essential) treatment for various things and we simply paid out of pocket for those. The doctors she saw did not have any issue getting paid that way. I don't think they asked to see a PR card or anything

 

[keesio]

In the end, applying for PR through H&C may be your best bet. However very hard to say what your chances are of being approved and if you're refused, you'll have to leave or can expect to be removed (i.e. deported).

I think the OP has a fair chance that H&C could succeed. His ties to Canada are strong - he pretty much grew up here and his ties anywhere else are weak. I'm not saying he has a great, or even good chance of success. But I do see a possibility.

 

[scylla]

I think the OP has a fair chance that H&C could succeed. His ties to Canada are strong - he pretty much grew up here and his ties anywhere else are weak. I'm not saying he has a great, or even good chance of success. But I do see a possibility.

I'm on the fence about this. Normally I would say there's a decent chance. I think the fact the OP has lied about his status to enroll in university may be a complication.

 

[sns204]

Grade school does accept children with no immigration papers, they ask you for it because they know you have it (based on what you filled in the registration forms). I think i read somewhere that Canadian grade schools try to make it easy for children who are in that unfortunate situation and don't tip IRCC or tell them about it...something related to children's rights.

University however is a different ball-game, i'm surprised that they didn't ask for any status documents as its on of the basic criteria for determining the fees.

Someone can correct me if I'm mistaken, but schools are provided with funding per student and the student must either be a resident or the parent pays a tuition. (it was more than $10k 11 years ago when I was bringing my son here) I believe they'd be placing themselves in a very precarious position in terms of liability if anything were to happen with that child.

 

[sns204]

I'm on the fence about this. Normally I would say there's a decent chance. I think the fact the OP has lied about his status to enroll in university may be a complication.

I was thinking about it this way, as well. Also, since tuition rates are higher for international students, I wonder if the school would seek to recover the difference.

 

[keesio]

I'm on the fence about this. Normally I would say there's a decent chance. I think the fact the OP has lied about his status to enroll in university may be a complication.

Yes, the fraud regarding his university enrollment complicates things. This is the key - how much IRCC holds this against him. It could be they accept H&R and make him pay up the extra diff for foreign student tuition and any other aid he may have received.

 

[canuck78]

If you want to do anything it really should have been done around the age of 18 so I wouldn't wait for much longer to file H&C. Would have been best before going to university. Be prepared that by seeking status your parents will likely be investigated and I imagine asked to leave on their own accord or be deported.

 

[Zimgyal]

Some Lawyer is about to be RICH loool!! But yea LAWYER UP buddy.

 

[emamabd]

Someone can correct me if I'm mistaken, but schools are provided with funding per student and the student must either be a resident or the parent pays a tuition. (it was more than $10k 11 years ago when I was bringing my son here) I believe they'd be placing themselves in a very precarious position in terms of liability if anything were to happen with that child.

See below Faq from the TSDB site (http://www.tdsb.on.ca/Portals/0/EarlyYears/docs/KDGR_ Parent FAQ 2018.pdf):

8. What if my child was born outside of Canada? If your child was born outside of Canada, verification of date of arrival is required. Families who are permanent residents and refugee claimants may register directly at the school. All other families should come to the International Students and Admissions Office, 5050 Yonge Street (first floor), for a School Admission Letter. Children without immigration status are welcome in our schools and information will not be shared with immigration authorities, as per TDSB Policy P.061 SCH.

As i said earlier, schooling would probably be fine for a child without status, but university is a different story. I do think it makes sense...there's no point punishing the child by denying basic education for something his parents have done and he/she has no say/ability to correct it. Once becoming an adult, the person becomes responsible for his/her actions.

 

[emamabd]

As for the OP's situation, as other members have suggested - consulting a lawyer is probably the right thing to do at this point. Probably makes sense to start preparing a plan B as well assuming worst case scenario.