2024 US Election Result Series
Potential Mass Deportation in the US - Immigration to Canada for Undocumented Persons and DACA Recipients
The recent US election results have left many feeling anxious about the future. Looming mass deportations have sparked many conversations, and articles are being written daily about the uncertain future for millions in the United States. A recent article by MSNBC pointing out the risk of family separation is only one example.
Since the details of policies have yet to be launched, predicting the exact outcome is challenging. However, one aspect is certain: People of different backgrounds, whether undocumented individuals or DACA recipients, may be subject to it. However, many people cannot or do not wish to return to their country of citizenship and have started looking for immigration options elsewhere, with Canada often being their first choice.
In the following article, we explore whether someone’s lack of immigration status in the United States may hinder their legal immigration to Canada. We will also touch on the current political situation in the US and discuss typical reasons for choosing Canada as a permanent destination. Finally, the article will dive into eligibility criteria, various immigration options, potential benefits, and challenges when immigrating to Canada as an undocumented or deported person.
Reasons for Moving to Canada
As mentioned, for some, one of the biggest motivations to leave the US may be President-Elect Trump’s promise of carrying out the “largest deportation in US history” - one of the key components of his 2024 presidential campaign. Millions of undocumented individuals currently in the US may be affected along with their family members.
Additionally, it is unclear whether current recipients of DACA (Deferred Action for Childhood Arrivals) will be targeted. These are mostly eligible people under 30 who were illegally brought to the US as minors and are temporarily protected from deportation. Since DACA came into effect in 2012, it has been legally contested. Given Donald Trump’s previous attempts to end the program, it is unclear what the future will hold for current DACA recipients.
In contrast to the political developments in the US, many people are attracted to Canada due to its immigration-friendly reputation. It continues to rank high among the most liveable countries, partly due to its quality of life and multiculturalism. Despite a recent reduction in immigration target numbers, Canada still boasts one of the most welcoming immigration systems worldwide, accepting more new permanent residents annually than the rest of the G7. Additionally, prospects like affordable healthcare and education, combined with the economic and cultural similarities between the US and Canada, motivate many to make the move.
Other benefits include the opportunity to legally reside in a safe, progressive country without constant uncertainty and fear of deportation. Furthermore, many individuals earn a very good living in Canada, and the potential ability to return to the US occasionally to visit friends and family members is a significant incentive. Although there are no guarantees, with a Canadian permanent resident card, you may be permitted to visit the US without needing a visa, even if you used to live illegally in the US.
Canadian Immigration Options
Undocumented individuals or DACA recipients considering a move to Canada might be concerned that their status in the US will prevent them from legally immigrating. Fortunately, such worries usually do not always apply when seeking permanent residence in Canada, which is akin to a US Green Card. This status is permanent and can pave the way to Canadian citizenship.
However, you should avoid applying for temporary status in Canada, such as visitor, study or work permits if you do not hold a legal status in the US. In these cases, your lack of legal status and illegal presence in the US will weigh heavily against you.
Overall, unless there are grounds for inadmissibility to Canada, like a criminal record, if you meet the requirements and are selected as a permanent resident, even some US deportation procedures may not pose an obstacle for Canada.
Economic Immigration
Unlike in the US, several Canadian immigration categories do not require a job offer or employer sponsorship. In contrast, your options depend on personal circumstances, family composition and factors such as age, level of education, language skills, adaptability, work experience, and Canada’s local and federal labor market needs(Construction, Health care, etc.). Since most US applicants have excellent English proficiency, they are usually good candidates. However, not everyone will qualify, whereas others may have several options to immigrate permanently to Canada based on their own merit.
Canada’s main economic immigration program - Express Entry - uses the factors above to assign a score to each candidate, known as the Comprehensive Ranking System (CRS) Score. One can receive additional points for a provincial nomination, a Canadian job offer, or a sibling in Canada. Applicants submit their profile under one of the three main programs:
· Federal Skilled Worker Program
· Federal Skilled Trades Program
· Canadian Experience Class
Candidates with the highest CRS scores are invited to apply for permanent residence through regular draws. In 2023-2024, Canada introduced draws for new categories such as healthcare, trade occupations, and French-language proficiency.
Another popular, points-based way to immigrate to Canada through an economic pathway is the Provincial Nominee Program (PNP). This program allows applicants with strong ties to specific provinces or territories to gain permanent residence. Provinces and territories can select individuals with the right skills, education, and work experience to meet specific local labor market needs. Like Express Entry, the PNP offers different categories for applicants. Depending on their situation, applicants can either link their application to the Express Entry System or apply separately.
Overall, your likelihood of immigrating to Canada through these two programs is the greatest if you are in your 20s or early 30s, possess strong English and/or French language skills, hold post-secondary education, and have at least one year of skilled work experience, particularly in high-demand sectors. This especially aligns many DACA recipients well with Canada’s economic immigration programs.
Family Class
Canada’s Family Class program can offer excellent opportunities for those not qualifying for the country’s economic immigration pathways. This program allows eligible Canadian citizens and permanent residents to sponsor close family members such as spouses, common-law partners, conjugal partners, dependent children, parents, and grandparents to become permanent residents of Canada. If you live with a Canadian spouse or common-law partner, you may be eligible for family sponsorship, while having a Canadian parent may even entitle you to apply for Canadian Citizenship immediately, depending on your age.
Even if you do not qualify for any of the programs above, there may still be other pathways allowing you to achieve the Canadian Dream. The Humanitarian and Compassionate PR category can also be a viable option. Consulting an immigration professional can help you explore all your options.
Potential Challenges
Although being undocumented in the US does not prevent you from applying for and potentially being approved for one of Canada’s immigration programs, your current status may present specific challenges.
First of all, applying for Canadian permanent residence requires the submission of supporting documents, such as pay stubs, reference letters proving your skilled work experience, police clearance certificates, and more. Obtaining these may be challenging without legal status, but we can help.
Additionally, issues may arise if your file is transferred to a Canadian Visa office or if you are scheduled for an interview with an IRCC officer in your country of citizenship. However, in most cases, the file can be processed in the US.
Most importantly, it is essential to be truthful in your application since any attempts of misrepresentation could result in a five-year ban from Canada.
Consult an Immigration Professional
Canada can offer a permanent solution to avoid deportation or family separation, and if approved, your entire family may obtain permanent residence in Canada. However, your opinions depend on your unique circumstances, and consulting an immigration professional is strongly advised to achieve success. We highly encourage you to start the process early, gather your documents, and understand your specific individual situation in the US. If you would like to explore your options, feel free to contact us at Beaudoin Immigration Consulting (BIC). Annie Beaudoin is a Regulated Canadian Immigration Consultant (license #R533869) and former Canadian visa officer at the Canadian Consulate in Los Angeles. She has over 20 years of experience in Canadian Immigration. Apart from her expertise in Canadian immigration law, Annie has a profound understanding of Canada as well as the US and will assess your probability of success fairly and honestly. Visit the following link to our website to book a consultation:
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