Bringing Family on Visit Visa to Canada Without Permit"

If you are in Canada without a valid permit (such as a visitor visa, work permit, or study permit), it is important to understand that your status can significantly impact any immigration or visa processes involving your family members. Here are key points to consider:

Implications of Being Without a Permit

1. Legal Status in Canada:

o Being in Canada without a valid permit means you are in the country illegally. This can have serious consequences, including removal (deportation) and potential bans on re-entry.

2. Impact on Family Visa Applications:

o The fact that you are in Canada without legal status can negatively impact the visa applications of your family members. Immigration authorities may view your situation as a risk factor, making it less likely for your family members to obtain visitor visas.

Options to Regularize Your Status

1. Restore Your Status:

o If your permit has recently expired (usually within the last 90 days), you might be able to apply to restore your status. This involves paying the appropriate fees and meeting the eligibility criteria.

2. Apply for a Temporary Resident Permit (TRP):

o In some cases, you may apply for a Temporary Resident Permit, which allows you to stay in Canada temporarily under special circumstances. This is usually granted on a case-by-case basis and requires a strong justification.

Family Visit Visa Process

If you decide to proceed with visitor visa applications for your family members while you are in Canada without a valid permit, consider the following:

1. Eligibility Criteria for Visitor Visas:

o Your family members will need to demonstrate that they meet all the eligibility criteria for a visitor visa. This includes showing they have strong ties to their home country, sufficient financial resources, and a clear purpose for their visit.

2. Invitation Letter:

o Typically, an invitation letter from a host in Canada is helpful for visitor visa applications. However, given your status, it might be more challenging. The letter should include details of your family's visit, the purpose, and how they will be supported financially.

3. Application Process:

o Your family members will need to apply for the visitor visas online through the IRCC website, pay the required fees, and provide biometric information if necessary.

Addressing Your Status

Given your situation, it is advisable to address your own legal status in Canada first before proceeding with any visa applications for your family members. Here are some steps you can take:

1. Seek Legal Advice:

o Consult with an immigration lawyer or a licensed immigration consultant. They can provide specific guidance based on your circumstances and help you explore options to regularize your status.

2. Voluntary Departure:

o In some cases, it might be advisable to leave Canada voluntarily and reapply for the appropriate visa or permit from outside the country.

Conclusion

Applying for visitor visas for your family members while you are in Canada without a valid permit can be challenging and is likely to face scrutiny from immigration authorities. It is crucial to address your own legal status first, either by restoring your status, applying for a Temporary Resident Permit, or seeking legal advice on the best course of action. Regularizing your status will improve the chances of your family members obtaining their visas and ensure that you are complying with Canadian immigration laws.