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Overstayed a visitors visa by 10 years, received a deportation letter and currently in Canada

Discussion in 'Refugees and Asylum' started by Rs3567, Jan 12, 2018.

  1. Need advice:

    I have 2 close family friends, they are both married and going through the same exact thing together (husband and wife), they came to Canada in 2009 on a visitors visa and received a 6 month stay, the 6 months passed and they didn’t go back to their home country which caused them to overstay, then they applied for a refugee claim and it was refused and they received a deportation letter and totally ignored it and still didn’t go back, now their both 50+ and recently they got a lawyer and applied for a H&C applications after 10 years have passed,(they paid the lawyer $10 000 upfront) they are both working illegally under the table to make a living, they both live on rent in a basement, but there criminal record is clean, my question is will the H&C approve them after a 10 years long overstay and still here in Canada even after not getting caught, they have family and friends in Canada who are willing to support them as well and they are Canadian citizens, I just wanted to know the chances of success in this case??

    Thanks
     
  2. Honestly, it's difficult to say, but the chances of receiving H&C is very low. The fact they have ignored deportation and continued to overstay and work illegally doesn't bode well for them. IMO the chances are close to zero they will be approved.
     
  3. Unless there is an armistice on illegal immigrants, like Bule said above it doesn't look good that they have overstayed and ignored deportation.
     
  4. May be there is a good chance if they have chronic medical conditions & they can proof that they will not get any treatment in back home.
     
  5. So they can be a burden on the health care system after not paying into it for 10 years.......Don't think so. They have blatantly ignored the immigration laws in Canada. With the low approval rate for H&C, very doubtful they would have a chance.
     
  6. H&C cases a low approval rates
     
  7. one of the criteria for H&C is medical conditions,child's future (if ur kids are in school) etc.
     
  8. The problem is they don’t have any children but the lawyer said H&C is the only option left for them
     
  9. Yes that is one of the categories where you may be approved but you need to apply when you have legal status in Canada and not after disregarding removal order and overstaying for 10 years.
     
    captains likes this.
  10. Yes the lawyer is right but with the chances of approval being so slim I'm not sure whether they should have spent 10k. I guess they had to try. At this point in their lives it will get more complicated to live in Canada as an undocumented person so I guess they decided it was now or never.
     
  11. I guess this situation is best for the lawyer. Would they loose which is almost certain, they will be deported. As with the application itself they will alert immigration office.
    Once deported they would hardly complain about the given service
    Would he win we would get a reputation boost.
    So a win win situation for the lawyer.

    And as for their criminality, they did commit several things that are against the law:
    Illegal stay in the country, illegal work, no taxes paid just for the beginning.

    So how will they convince, that they will obey the law now, if they had no problem to disregard it whenever it was suitable for them.
     
  12. Those are conditions for applying. Applying for H&C and winning an appeal based on H&C are two different things. And applying for H&C doesn’t necessarily prevent IRCC or CBSA from enforcing a deportation order that is already in place (not to mention the probable arrest warrant issued for ignoring the deportation order) . If they are deported, their H&C claim is void. Based on the information provided, they have applied for refugee status that was denied (negative factor), ignored a deportation order(negative factor, have worked illegally (negative factor), essentially being criminals (see arrest warrant) at large (negative factor)......and then trying to claim you have some medical condition you can’t get treatment for other than Canada. That’s a pretty big rabbit to pull out of the hat!

    Honestly, if they have already submitted their application, they should be prepared for CBSA to show up at the door and start the deportation process. At the very least, I would expect IRCC and CBSA to be keeping very close tabs on their whereabouts now that they have made it know.
     
  13. The lawyer is right - H&C is the last hope. But it's not much of a hope at all - refusal is the most likely outcome. I would recommend they start making plans for how they will re-establish themselves in their home country since they will almost certainly now be forced to leave Canada. To be honest, they would be financially best off forgetting about the H&C application and returning to their home country and using the $10K they were going to use on the lawyer to set themselves up at home again. That would really be the wisest move.
     
    canuck78 and Buletruck like this.
  14. 10k is too much ! as H&C has no hearing,no appeal process so I am not sure why is he asking so much money !
     
  15. The lawyer is getting paid in advance, in case they loose or get deported in the mean time.
     

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