Canada does not allow individuals without legal immigration status to remain indefinitely. However, Canadian immigration law provides several legal pathways for people to regularize their situation and potentially secure permanent residence.
At Kingwell Immigration Law, our Toronto-based firm has over 20 years of experience helping clients navigate these complex legal challenges through Immigration, Refugees and Citizenship Canada (IRCC) applications and Federal Court proceedings.
When facing an irregular immigration status, time is critical. The Immigration and Refugee Protection Act establishes strict timelines for applications and appeals, making experienced legal representation essential for protecting your rights and maximizing your chances of remaining in Canada.
If you are facing potential removal from Canada, consult with our experienced deportation lawyer in Canada to protect your rights and explore all available legal options.
When confronting immigration challenges without legal status, you need strategic legal representation that combines urgent case management with comprehensive knowledge of Canadian immigration law. Our approach focuses on identifying viable legal pathways while coordinating multiple applications to prevent removal and secure your long-term future in Canada.
Our legal team has successfully helped hundreds of clients transition from irregular status to permanent residence through the strategic application of various legal pathways under the Immigration and Refugee Protection Act. We understand the complexities of each application type and can identify the strongest approach based on your unique circumstances.
Every case presents unique opportunities and challenges, requiring customized legal strategies that account for your establishment in Canada, family circumstances, and potential risks upon return to your home country.
Our experienced team stands ready to develop a comprehensive legal strategy tailored to your situation and guide you through the complex process of securing legal status in Canada.
Book a consultation today to explore your options for remaining in Canada legally.
The Immigration and Refugee Protection Regulations establish clear categories of immigration status, each carrying different rights and obligations under Canadian law.
Being without legal status creates serious legal consequences but does not eliminate all options. Our lawyers help clients identify which legal mechanisms remain available and develop strategic approaches to regularize their status effectively.
Canada’s immigration system includes specific pathways for individuals without status to apply for permanent residence from within Canada. These applications acknowledge factors that standard immigration programs do not address.
Humanitarian and Compassionate (H&C) applications represent the primary pathway for individuals without status to apply for permanent residence based on exceptional circumstances.
PRRA applications provide protection for individuals who face persecution, torture, or cruel and unusual punishment if returned to their home country. This pathway applies even to those who have exhausted other immigration options.
Individuals without legal status may qualify for sponsorship by Canadian family members, though inland applications require careful legal management to avoid triggering removal proceedings during processing.
Our team guides clients through these complex application processes, helping identify the most viable pathway and coordinating applications to maximize success while protecting against removal risks.
If you face potential risks upon return to your home country, our lawyers can evaluate your protection options and guide you through the PRRA process. Contact us or call 416-988-8853 to discuss your case.
When individuals are identified as present in Canada without legal status, the Canada Border Services Agency (CBSA) may initiate removal procedures under the Immigration and Refugee Protection Act.
Individuals facing removal maintain fundamental legal rights throughout immigration proceedings, including rights that can significantly affect case outcomes when properly exercised.
| Removal Order Type | Time to Leave | Re-entry Restrictions | Appeal Rights |
| Departure Order | 30 days | None (if compliant) | Limited |
| Exclusion Order | 30 days | 1–2 year bar | Yes (if eligible) |
| Deportation Order | As directed | Permanent bar | Yes (if eligible) |
Our lawyers protect your rights throughout removal proceedings and help identify all available legal options to challenge removal orders or secure stays while stronger applications are developed.
💡 Additional reading: Learn more about what is the penalty for illegal immigrants in Canada and the potential consequences of remaining without status.
Our experience representing clients before the Federal Court of Canada has resulted in successful outcomes for individuals facing complex immigration challenges. This litigation experience directly benefits all our clients through more strategic case preparation and stronger legal arguments.
In A.M. v Minister of Citizenship and Immigration (2019 FC 270), we successfully appealed a PRRA refusal for a client from Iran who faced political persecution. The Federal Court agreed that the immigration officer had improperly rejected evidence of ongoing danger, ordering IRCC to reconsider the application.
In J.R. v Minister of Citizenship and Immigration (2018 CanLII 54731), we successfully represented a family of permanent residents from Iran at the Immigration Appeal Division. Despite their failure to meet residency obligations, we demonstrated that Canada would benefit from their professional experience and that removal would cause hardship, particularly to children facing educational disruption and mandatory military service in Iran.
Our Federal Court litigation experience ensures that we prepare all applications with the standards and scrutiny that courts apply when reviewing immigration decisions. This approach strengthens every case we handle, even those that do not require court proceedings.
Our litigation experience provides the strategic advantage your case needs. Contact our experienced team to discuss how we can advocate for your situation.
Different circumstances leading to irregular status present unique challenges that require tailored legal approaches.
Many individuals enter Canada as visitors but remain beyond their authorized period due to family circumstances, medical needs, or deteriorating conditions in their home country.
Individuals whose refugee protection claims have been refused face particular challenges but retain access to several legal pathways depending on their circumstances and time in Canada.
Temporary foreign workers who lose status due to permit expiry, job loss, or employer compliance issues may find several pathways to restore their legal presence.
Our team analyzes each client’s specific circumstances to identify the most viable legal pathway and develop strategies that address the unique challenges of their situation.
Remaining in Canada without authorization creates serious legal and practical consequences that worsen over time and can affect future immigration opportunities.
💡 Additional reading: Check what crimes can get you deported from Canada and how criminal history affects immigration status.
| Status Situation | Healthcare Access | Work Authorization | Travel Rights | Future Applications |
| Legal Status | Provincial coverage | As authorized | Generally permitted | Full access |
| Without Status | Emergency only | Prohibited | Exit extremely risky | Limited options |
| Pending Application | May qualify for coverage | May receive permits | Case-by-case assessment | Depends on application |
Our lawyers help clients navigate these challenges while working to regularize status as quickly as possible, minimizing the negative consequences of irregular status.
These consequences worsen over time, making immediate legal consultation essential. Contact our team or call 416-988-8853 to protect your rights and begin the regularization process.
Immigration law imposes numerous deadlines and time limits that can permanently affect your ability to remain in Canada.
Our team regularly handles urgent applications and emergency situations, ensuring that critical deadlines are met and all available legal protections are preserved throughout your case.
Regularizing immigration status requires strategic legal thinking, comprehensive case preparation, and experienced advocacy before immigration authorities and Federal Court. Our firm combines decades of immigration law experience with proven success in complex litigation.
We develop comprehensive legal strategies that account for all available options while focusing resources on applications with the highest probability of success based on your specific circumstances and legal position.
Our lawyers regularly appear before the Federal Court of Canada in immigration matters, providing insight into judicial decision-making standards and effective legal argumentation that directly benefits all our clients.
We have successfully challenged negative immigration decisions, secured emergency stays of removal, and obtained positive outcomes for clients facing the most complex legal situations. This litigation experience informs our approach to all applications, ensuring they meet the standards that courts expect when reviewing immigration decisions.
Our team combines strategic thinking with proven litigation success to provide your case with the strongest foundation possible and guide you through every step of the complex immigration process.
Contact us at 416-988-8853 or visit our booking page to discuss how our experience can help secure your future in Canada.
Yes, you may be eligible for a work permit with a pending H&C application if you meet specific criteria, including continuous residence and inability to leave due to circumstances beyond your control. Our team evaluates your eligibility and prepares coordinated applications.
You have the right to remain silent and request legal representation before answering questions about your immigration status. Do not sign documents or agree to voluntary departure without consulting qualified counsel.
H&C applications typically take 18 to 36 months to process, though complex cases may require additional time. During processing, you may qualify for interim work permits and healthcare coverage depending on circumstances and provincial policies
Yes, your Canadian spouse can sponsor you even if you entered without proper documentation or lack legal status. However, illegal entry may complicate processing and affect eligibility for certain benefits during the sponsorship process, requiring strategic coordination.
Professional legal representation is essential for individuals without legal status due to complex application requirements, strict deadlines, and high stakes of potential removal proceedings. Our team ensures proper preparation and coordination while protecting your rights throughout.
