Table of Contents
1. About the Guide
2. Introduction
Maintaining and regularizing immigration status in Canada
- Appeals and Judicial Reviews
- Refugee and Person in Need of Protection Claims
- Humanitarian and Compassionate (H&C) Application
- Temporary Resident Permit (TRP) Application
- In-Canada Spousal and Common-Law Partner Sponsorship
- Renewing or restoring a temporary visa or permit
- Open Work Permit for Vulnerable Workers (OWPVW) Application
- Other ways to maintain status with an open work permit
- Public Policies and Pilots
What is an immigration arrest warrant?
What powers can police, CBSA and security guards have in arrest and detention
Understanding where CBSA may apprehend you
- What happens if CBSA comes to my home?
- What happens if CBSA comes to my shelter?
- What happens if CBSA stops me in a public place (street, shopping mall, park, etc.)?
- What happens if CBSA stops me while I am driving or riding a bike?
- What happens if CBSA stops me while I am a passenger in a car?
- What happens if CBSA stops me on public transit?
- What happens if CBSA comes to my children’s school?
- What happens if CBSA comes to my workplace?
- What are my rights if I am arrested or detained?
- If I am arrested, can CBSA search or take my belongings?
- Can I be released after arrest without being sent to immigration detention?
- What happens if CBSA says I am not going to be released?
- How can I get a lawyer for detention review hearings if I can’t afford one?
- Who can be a bondsperson?
9. Appendix A: Key terms and definitions
11. Appendix C: Undocumented Workers' rights at work
12. Appendix D: List of resources
13. Appendix E: Benefits and entitlements chart
The Government of Canada’s 2026-2028 Immigration Levels Plan continues the previous plan’s aim to reduce the number of temporary residents in Canada, including temporary workers and international students, as well as limit permanent residence based on refugee and humanitarian pathways.1 Major changes to the international student program including ending extensions of Post-Graduation Work Permits (PGWPs), restricting eligibility for PGWPs going forward, and narrowing open work permit eligibility for spouses of international students and temporary workers have impacted the legal status of people already in Canada. Changes to processing of “low-wage” labour market impact assessments (LMIA) and capping intake in the new Home Care Worker immigration pilot further close-off these avenues for many workers already in Canada. In February 2025, border guards were granted explicit authority to revoke Electronic Travel Authorizations (ETAs), study permits and work permits2 and a Border Plan with major new investment in security and enforcement was announced.3 The Canadian government then introduced Bill C-2, the Strong Borders Act in June 2025 and Bill C-12, the Strengthening Canada’s Immigration System and Borders Act in October 2025.4 Proposed changes in Bill C-2 and C-12 would give the Minister power to cancel, change or suspend permits for entire groups of people without individual hearings or due process. Immigration would also have new powers to seek and share information about migrants with other Federal and Provincial agencies, and cut-off access to a refugee hearing for people who do not make their claim within one year of arriving in Canada (they may get a Pre-Removal Risk Assessment instead, which does not come with the same procedural protections).5
As a result, people living and working in Ontario may find themselves without status at the end of their temporary residence period, and with little options to renew their permits or gain permanent residence through refugee claims and economic migration pathways (although these avenues were closed to many working-class people even prior to these changes). Even if Bill C-2 and C-12 do not pass, there is a real fear that the government’s aim to reduce temporary residents, including an expectation that people voluntarily “depart” Canada, will lead to increased enforcement in the years to come. This guide is intended to provide legal information to help undocumented and non-status people (or people at risk of falling out-of-status) living in Ontario to understand options to regularize status and plan for border enforcement interactions.
The guide provides legal information current up to December 12, 2025 only, and reproduces, updates and expands the information contained in the Migrants Know Your Rights! (2012, Immigration Legal Committee) and the Migrants Know Your Rights Facing Immigration Arrest, Detention and Deportation (2021, Butterfly and International Human Rights Program), both of which remain important sources of legal information and tools for organizing and safety planning.6
Please see Appendix A for a description of key terms and definitions used in this guide.
This guide provides general legal information and not legal advice. It is important to get legal advice about your specific circumstances.
In addition to speaking to a lawyer or registered immigration consultant about your specific circumstances for legal advice, it is important to remember that relying on legal rights is limited as legal systems are set up to work against migrant people. Making connections with trusted community members and organizations to strategize beyond the law is important to fight back against displacement of families and communities through immigration enforcement.
- Government of Canada, “2025 Annual Report to Parliament on Immigration” and “Annex: Canada’s 2026-2028 Immigration Levels Plan” (20 November 2025), https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/annual-report-parliament-immigration-2025.html#annex ↩︎
- Government of Canada, “New rules to strengthen temporary resident document cancellations, and border security and integrity” (Newsroom, 12 February 2025), https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/new-rules-strengthen-temporary-resident-document-cancellations-border-security-integrity.html.ca ↩︎
- Government of Canada expands plan to strengthen border security – Canada.ca ↩︎
- Government of Canada, Strong Borders Act (Bill C-2) text of bill (first reading): https://www.parl.ca/DocumentViewer/en/45-1/bill/C-2/first-reading and Strenghtening Canada’s Immigraiton System and Borders Act (Bill C-12) text of bill (royal assent March 26, 2026): https://www.parl.ca/documentviewer/en/45-1/bill/C-12/royal-assent ↩︎
- Bill C-12 (which contains many of the same provisions as Bill C-2) became law on March 26, 2026 after being rushed through Parliament despite migrant rights advocates calling for the withdrawal of both Bills. See: MigrantRights.ca/VoteNOC12 and Migrant Rights Network Condemns Bill C-2’s Anti-Refugee and Mass Deportation Provisions, 3 June 2025, https://migrantrights.ca/c2pressrelease/ ↩︎
- Immigration Legal Committee (ILC), “Migrants Know Your Rights! A Guide to Immigration Arrest, Detention and Deportation” (2012), kyr-english-pdf-final_036741645b7f266cc881aff0000960f99.pdf [ILC KYR]; International Human Rights Program, Butterfly & No One Is Illegal Toronto, “Migrants Know Your Rights – Facing Immigration Arrest, Detention, and Deportation” (2021), https://ihrp.law.utoronto.ca/sites/default/files/documents/Butterfly%20-%20Know%20Your%20Rights%20Guide%20-%20February%202021.pdf [Butterfly and IHRP KYR] ↩︎
