Can I come to Canada and stay illegally? What are the risks?

If you enter Canada illegally, for example as a tourist, and overstay, what can you expect from life in this status? First of all, it's worth noting that Canada, unlike other countries such as the US, strictly controls issues related to the legality of staying on its territory. Although there are no special raids to catch illegal immigrants, conditions are created that make it difficult for people staying in the country illegally to live and work.

Problems faced by illegal immigrants

A person who stays in Canada illegally faces various challenges.

Work and education

Without legal status in Canada, you can't obtain a Social Insurance Number (SIN), which is required for official employment. Consequently, an illegal immigrant cannot get a legitimate job with a good salary. The minimum wage in Canada varies, and depending on the province, you can earn CA$ 15-17 per hour, but illegal workers may receive even less. Often, illegal immigrants have to agree to work for cash, earning CA$ 10-12 per hour.

These workers are deprived of any social guarantees and protection. Employers may pay below minimum wage, and not provide vacation time, sick leave, or other benefits. Moreover, illegal immigrants are at risk of exploitation, including non-payment of wages, overtime work, and inability to seek protection of their rights.

Illegal immigrants also cannot enroll in Canadian educational institutions officially, which deprives them of chances for education, professional development, and the opportunity to improve their qualifications. Without official education and documents, career growth opportunities remain limited.

Housing, documentation, and benefits

Renting housing will also be difficult, as landlords usually require Canadian documents: credit history, work contract, and the like. Even if you manage to negotiate with a landlord, the lack of legal status will create additional complications. For example, they might require a large deposit or offer poor living conditions.

Furthermore, you can't open a bank account without legal documents. Consequently, savings, investments, or credit cards are out of the question.

Also, you can't count on public healthcare. Of course, private clinics may provide services, but at a high cost. If the person were a citizen or permanent resident of Canada, part of these expenses would be covered by the public healthcare system.

Consequences and risks

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It's worth noting that an illegal stay in Canada entails serious legal consequences. If discovered, a person may be deported and banned from entering the country for several years or even permanently. This closes the possibility of legal immigration in the future.

In some cases, in addition to deportation, illegal immigrants may face financial fines and even criminal prosecution for violating immigration laws. This can also complicate the possibility of obtaining visas to other countries in the future.

Moreover, illegal immigrants cannot turn to court or law enforcement if they face problems such as fraud, crimes, or harassment. Contacting the police could lead to the discovery of their illegal status and deportation.

What about amnesty?

Life as an illegal immigrant in Canada is extremely difficult: no normal work, no prospects, and importantly, Canada has never conducted a large-scale immigration amnesty.

In recent years, Immigration, Refugees and Citizenship Canada has implemented some initiatives to legalize undocumented migrants. For example, the temporary public Guardian Angels policy was developed during the pandemic for those who applied for refugee status and worked in patient care. From December 2020 to December 31, 2023, more than 9,100 people, including their family members, received permanent resident status through this path.

Additionally, there's currently a temporary policy for illegal construction workers in the Greater Toronto Area (GTA). This initiative recognizes the contribution of builders to the region's economy and aims to help those working without legal status. As of early 2024, more than 1,000 people, including their family members, have been accepted under this program.

But it's important to understand that very few people manage to legalize their status this way. Official data suggests that up to 500,000 illegal immigrants live in Canada, and only a small fraction of them have been able to take advantage of such initiatives. Therefore, it's not advisable to rely on legalization through such programs.

Alternatives to illegal life

The only realistic option for legalization for an illegal immigrant is marriage to a Canadian citizen or permanent resident. In this case, you can start the spouse sponsorship process, which can lead to legal status in the country. However, having an illegal status may complicate the process.

It's much easier not to violate immigration laws and use legal ways to move to Canada. Canada offers various immigration, employment, and study programs that can be a real alternative to illegal life.

Immigration programs

Canada is known for its open and diverse immigration system. The main paths to permanent residency are:

• Express Entry: One of the most popular systems through which you can get permanent residency based on points for education, work experience, language skills, and other factors.
• Provincial Nominee Programs: Each Canadian province has its own programs that allow candidates with specific skills and experience to immigrate. Provinces actively seek various specialists and are ready to offer simpler immigration conditions compared to Express Entry.
• Atlantic Immigration Program: Allows moving to one of the four Atlantic provinces. The program's feature is that employers from these regions can hire foreigners through a simplified process.
• Family Sponsorship: Allows Canadian citizens and permanent residents to sponsor family members for permanent residency. If you have close relatives in Canada, this path can be considered.

Moving for work

For those who want to work in Canada, there's a Temporary Foreign Worker Program. When there's a shortage of workers, employers can hire people from abroad. This method can also suit those who came to Canada on a tourist visa and want to stay. A tourist visa doesn't give you the right to work, but you can look for jobs and go through interviews, and after receiving a job offer, change your status from tourist to worker.

There's also a separate Global Talent Stream designed for specialists with unique skills or high qualifications. Work permits under this program are processed expeditiously.

After gaining Canadian work experience, you'll be able to apply for permanent residency through special programs for foreign workers.

Studying in Canada

Studying in Canada is another legal way to stay in the country and open a path to immigration. Canadian educational institutions offer high-quality education, and students have the opportunity to remain in the country after graduation.

While studying, students can work up to 20 hours per week, allowing them to gain experience and support themselves financially. After graduating from public institutions, students receive a Post-Graduation Work Permit (PGWP), which allows them to stay and work in the country for up to three years.

Studying plus Canadian work experience significantly increases the chances of immigration and opens access to additional permanent residency programs for graduates and foreign workers.

Conclusion

Illegal stay in Canada leads to many restrictions and problems. It is recommended to carefully consider the possible consequences before deciding to take such a step.

If you want to obtain legal status in Canada, we are ready to help. Book a consultation with one of our specialists to get an accurate assessment of your immigration chances and develop a relocation strategy for your situation.