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family of 3 needs help

dennis browne

Newbie
Jan 11, 2019
7
1
Hi good morning to all! we are a family of 3 who came here on a visitor's visa. We came here because of difficulties in our country which work is very hard to find. we are living without any status here now for almost 2 years. We are on our own without no family support. We have been trying our best to get help and got ripped off lots of time from immigration fraud companies and i have tried to find a company which supports lmia but seems almost impossible to find. so we are now scared of whom to trust. our daughter is being home school because we are scared to go public. I am working for a company that is paying me cash and that is how i afford rent and food. my wife stays home with our daughter to teach her. We don't know where to go for help, we need someone who can lead us in the right direction. Please any advise will be accepted. thank you.
 

joksuela

Star Member
Sep 27, 2018
150
59
Economic hurdles back home aren't a basis for asylum claims. Even if they were, doubt your situation would help you since you have been living and working illegally for 2 years without paying a penny in taxes.
 

dennis browne

Newbie
Jan 11, 2019
7
1
thank you all for replying. though i am not sure what category i would be placed in, so i just made this post in asylum. it's not that i want to work illegal, i am trying my best to do it the right way. i wish there was a way to be paying tax. on the other hand is it good to keep all receipts from grocery shopping and so on?
 

dennis browne

Newbie
Jan 11, 2019
7
1
Just go file a refugee claim. It will take them 2-3 years to get you a hearing before they deny your claim and then you appeal it in court. After exhausting the above which should give you 3-4 years, submit a H&C claim as your daughter will still be below 18. This will buy you another 2-3 years. By the time the whole ordeal will be over, govt will grow sympathetic to you and grant you PR.
At least by filing refugee claim, you will be given a work permit and you can find a better job and your family can live without fear of going in public.
thanks very much for your help i will surely look into that.
 
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Buletruck

VIP Member
May 18, 2015
6,682
2,531
Just go file a refugee claim. It will take them 2-3 years to get you a hearing before they deny your claim and then you appeal it in court. After exhausting the above which should give you 3-4 years, submit a H&C claim as your daughter will still be below 18. This will buy you another 2-3 years. By the time the whole ordeal will be over, govt will grow sympathetic to you and grant you PR.
That’s a bit oversimplified and exceptionally optimistic. CBSA can actually make a determination (as can IRCC or the IRB) that the applicant does not fit the refugee definition at the time of the claim. A decision in your claim can be expedited if they feel you rent a valid claimant and you could find yourself breezing through the process in no time and on your way home. The OP has no valid refugee claim and the intent is purely economic. And H&C doesn’t not guarantee you get to remain in Canada. Many H&C claimants are removed during the process.
 

Wonderland_1010

Champion Member
Aug 24, 2015
1,822
382
Regina, SK
Category........
PNP
thanks very much for your help i will surely look into that.
Just go file a refugee claim. It will take them 2-3 years to get you a hearing before they deny your claim and then you appeal it in court. After exhausting the above which should give you 3-4 years, submit a H&C claim as your daughter will still be below 18. This will buy you another 2-3 years. By the time the whole ordeal will be over, govt will grow sympathetic to you and grant you PR.
At least by filing refugee claim, you will be given a work permit and you can find a better job and your family can live without fear of going in public.
There is no way that you will be guaranteed PR after you have exhausted all the options that was stated by @andy.keeling.

The most likely scenario would end with deportation of you and your family given that you have no valid reasoning of why IRCC or CBSA let you stay in Canada.
 
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Wonderland_1010

Champion Member
Aug 24, 2015
1,822
382
Regina, SK
Category........
PNP
I have only restated all what I have read in this forum . People with claims which are not found to be true still do all this to buy time and are successful. At least this person can get over the fear of keeping his family in hiding this way.

Being without status in any country is no fun, I am struggling myself.
Yes but OP must realize that he has no valid claims of asylum and he can be deported by CBSA at anytime. Having H&C application will not help at all to stop the removal order.

But again its his decision and what he wants to do is up to him.
 
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scylla

VIP Member
Jun 8, 2010
92,829
20,490
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
is there any other options? some kinda program we can join?
H&C is your only real option - but it has very low success rates.

Most other paths aren't an option since they require you to have valid status in Canada to apply. For example, none of the following is possible since you are out of status: temporary work permit, study permit, applying to immigrate through an economic immigration stream like Express Entry or PNP.

There's zero point looking for an LMIA. Even if you find a real one, you cannot apply for a work permit since you're out of status.
 
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dennis browne

Newbie
Jan 11, 2019
7
1
H&C is your only real option - but it has very low success rates.

Most other paths aren't an option since they require you to have valid status in Canada to apply. For example, none of the following is possible since you are out of status: temporary work permit, study permit, applying to immigrate through an economic immigration stream like Express Entry or PNP.

There's zero point looking for an LMIA. Even if you find a real one, you cannot apply for a work permit since you're out of status.
ok i understand thanks much for the help
 

Bornlucky

Hero Member
May 15, 2018
606
465
Hi good morning to all! we are a family of 3 who came here on a visitor's visa. We came here because of difficulties in our country which work is very hard to find. we are living without any status here now for almost 2 years. We are on our own without no family support. We have been trying our best to get help and got ripped off lots of time from immigration fraud companies and i have tried to find a company which supports lmia but seems almost impossible to find. so we are now scared of whom to trust. our daughter is being home school because we are scared to go public. I am working for a company that is paying me cash and that is how i afford rent and food. my wife stays home with our daughter to teach her. We don't know where to go for help, we need someone who can lead us in the right direction. Please any advise will be accepted. thank you.
Hello, you should look for a community law group or centre, assuming that you are in a reasonably large city in Canada. Immigration issues consume a great deal of resources for these people and they are generally familiar with the issues that you are facing and worrying yourself sick about. Who cannot sympathize with a man looking after the interests of his family - plenty of people, it is sad to say.

Do you have a valid claim to Convention refugee status, is work difficult to find in your homeland because of your ethnicity, religion, membership in a social group? I don't know and neither does anyone else at this point. Your family's lack of status and need for some sort of resolution is the predominant issue - your child's health and education needs demand it.

When IRPA was introduced to replace the old immigration act it recognized new considerations and priorities and the Best Interests of the Child (BIOC) was a premier feature with lots of fanfare. It shows up most significantly within humanitarian and compassionate grounds applications - H&Cs can be very complex applications to put together for them to be compelling but statistically the odds look to be over 40 percent approvals.

This is no reason for blind or even a measured optimism because a significant number of the approvals will "likely" be from applicants with lengthy histories in Canada (failed refugee claims, children at risk, and the laying down of roots within your community, letters of support from people like teachers, religious workers, others). This decision-making is guided by policy but there is a very broad level of discretion exercised by these officers.

Generally speaking, "Canada" doesn't want people living underground because the system doesn't know that someone is here, and it leads to children not going to school, wives hiding in their homes or a working parent being ripped off by someone employing people without concern for taxes, workman's compensation and all that.

So, what are your choices here? You can go to the CBSA and resign yourself to returning to your home country or you can make a refugee claim since that's just about the only thing that would Stay, or prevent, a near immediate removal. In practical terms, the options boil down to these stark choices.

Please, get to a walk-in law clinic so that you can share your entire story with someone familiar with the differing immigration processes and offer their advice so that you may then make an informed decision about which way to go.

A failed refugee claim followed by a removal from Canada will just about obliterate international travel for you in the developed world for the rest of your life and that is also a lot to lose. I wonder if life here is really any better for you and yours, but then again - like everyone else here - I don't know beans about you. I do however, hope that you can find some considerate and competent legal advisor from a well established law centre that serves low income families.

That's in your best interest, sir.
 

dennis browne

Newbie
Jan 11, 2019
7
1
Hello, you should look for a community law group or centre, assuming that you are in a reasonably large city in Canada. Immigration issues consume a great deal of resources for these people and they are generally familiar with the issues that you are facing and worrying yourself sick about. Who cannot sympathize with a man looking after the interests of his family - plenty of people, it is sad to say.

Do you have a valid claim to Convention refugee status, is work difficult to find in your homeland because of your ethnicity, religion, membership in a social group? I don't know and neither does anyone else at this point. Your family's lack of status and need for some sort of resolution is the predominant issue - your child's health and education needs demand it.

When IRPA was introduced to replace the old immigration act it recognized new considerations and priorities and the Best Interests of the Child (BIOC) was a premier feature with lots of fanfare. It shows up most significantly within humanitarian and compassionate grounds applications - H&Cs can be very complex applications to put together for them to be compelling but statistically the odds look to be over 40 percent approvals.

This is no reason for blind or even a measured optimism because a significant number of the approvals will "likely" be from applicants with lengthy histories in Canada (failed refugee claims, children at risk, and the laying down of roots within your community, letters of support from people like teachers, religious workers, others). This decision-making is guided by policy but there is a very broad level of discretion exercised by these officers.

Generally speaking, "Canada" doesn't want people living underground because the system doesn't know that someone is here, and it leads to children not going to school, wives hiding in their homes or a working parent being ripped off by someone employing people without concern for taxes, workman's compensation and all that.

So, what are your choices here? You can go to the CBSA and resign yourself to returning to your home country or you can make a refugee claim since that's just about the only thing that would Stay, or prevent, a near immediate removal. In practical terms, the options boil down to these stark choices.

Please, get to a walk-in law clinic so that you can share your entire story with someone familiar with the differing immigration processes and offer their advice so that you may then make an informed decision about which way to go.

A failed refugee claim followed by a removal from Canada will just about obliterate international travel for you in the developed world for the rest of your life and that is also a lot to lose. I wonder if life here is really any better for you and yours, but then again - like everyone else here - I don't know beans about you. I do however, hope that you can find some considerate and competent legal advisor from a well established law centre that serves low income families.

That's in your best interest, sir.
Thank you very much for your help. You all have been very helpful. We will try our brst.