Need help please

[Info234]

Hi, I really need your advise regarding my situation, I'm currently out of status in Canada and i really dont want to go back home, i work and paid in cash now to make a leaving but i was interviewed by an employer and willing to apply for my Lamia and work permit.
My question is since Im out of status for more than a year will cic approve my lamia and just in case it will be approve and go for my exit will i be able to enter canada because of my situation?
Thank you

 

[scylla]

The short answer is no. Your situation is complicated. The fact you have worked illegally makes it worse.

First of all, you have no choice but to leave Canada. Even if you get an approved LMIA, you've been out of status for too long to apply for a work permit from within Canada.

To get a work permit approved, CIC will want to see that you respect Canada's immigration rules and won't overstay your visa. This will obviously be very difficult for you to prove given you both overstayed and also worked illegally.

If you want a future in Canada, I would leave Canada as soon as possible and return to your home country. I would then live there for a minimum of six months (preferably longer) and establish ties there (e.g. job, place to live) before attempting to apply for any sort of visa to Canada.

 

[Info234]

BUt cic wont even know that I'm working illegally. I'm just forced to do it because I need to send money back home and I need it for a living.
If Lamia is approve is there any other way that I can apply for a work permit without exit?
I really need this job.

 

[scylla]

It's impossible to get the work permit approved without leaving Canada. Again, you've been out of status for too long here. You have to return to your home country.

 

[canuck_in_uk]

BUt cic wont even know that I'm working illegally. I'm just forced to do it because I need to send money back home and I need it for a living.
If Lamia is approve is there any other way that I can apply for a work permit without exit?
I really need this job.

You were not forced to work illegally. You have made the choice to remain in Canada and work illegally.

As scylla said, you need to leave Canada. You have no other option.

 

[Info234]

Are they able to know that Im working illegally? Now im worried about it bec of my lamia application.

 

[scylla]

Are they able to know that Im working illegally? Now im worried about it bec of my lamia application.

Even if they don't know you've worked illegally, getting a work permit is still going to be very challenging due to your long overstay. This demonstrates an abuse of visa privileges and makes CIC concerned you won't follow the rules in the future. This is why you need to live in your home country for a while (I would recommend at least 6-8 months - but longer would be better) before you try applying for a work permit to Canada. If you return home and then apply immediately, chances are very high you will be refused (again, due to the very long overstay).

 

[canuck_in_uk]

Are they able to know that Im working illegally? Now im worried about it bec of my lamia application.

As you have been told, you will not be approved for a work permit. You need to leave Canada and as scylla said, remain outside for quite some before trying to return.

 

[Info234]

But i think it's unfair, i've known people staying here out of status some of them 3,4, 7 years but still here and cic can't do something about it.

 

[Info234]

I'm really sorry if I keep on insisting my application to stay here in Canada, before I got interviewed for a lamia application my consultant applied me for humanitarian. I have a child who is a canadian citizen but he's with my parents back home, I let him stayed with them because I can't afford to send him to daycares. Do you think my Humanitarian application will be aprove because of my son that really need to be back here in canada.

 

[scylla]

We have no idea if your H&C application will be approved or refused. The chances are certainly lower given your child isn't even in Canada. But again - we have no idea. You'll just have to wait and see what happens. Processing for H&C applications can easily take well over a year - so you'll have to be patient.