Table of Contents
- Introduction
- Am I at risk of arrest, detention, or deportation?
- What can I do if I think I am at risk?
- Developing a strategy to deal with CBSA interactions
- Making a safety plan for arrest and detention
- Removal orders
- What are Sanctuary cities or Access without fear policies?
- Appendix A: Key terms and definitions
- Appendix B: Inadmissibility explained
- Appendix C: Undocumented Workers' rights at work
- Appendix D: List of resources
- Appendix E: Benefits and entitlements chart
This guide was created by organizations in Ontario, but the unfair immigration rules discussed here affect people across Canada.
If you live in a different province, we encourage you to connect with a migrant justice organization in your area.
You can find some of them here: Migrant Rights Network
This chart gives information about eligibility for different programs for undocumented residents of Ontario. A person who is undocumented may be someone who does not have a permit (they never had a permit, or a previous permit may have expired) or who is doing work that is prohibited by their permit (a different employer, type of work, etc.). There may be different rules for people with valid visitor, study, work or temporary resident permits, those who have made a refugee claim or a Pre-Removal Risk Assessment (PRRA) application, have pending appeals or judicial reviews, or have a Humanitarian and Compassionate (H&C) application in process, etc. (this chart does not cover those situations and you should get legal advice about your specific situation).
Immigration status is only one of the eligibility requirements for the programs listed below. Each program will have additional eligibility requirements that must be met (so, even if you meet the immigration status requirement, you could still be denied on other grounds). If you are told you are not eligible for a program, or your application is denied, contact your local Legal Aid Ontario (LAO) community legal clinic. In most cases, if you do not have any immigration status in Canada, it might be best to contact a community legal clinic before you make an application to get advice about eligibility as well as any risks or potential consequences of accessing these services.
| Benefit/Entitlement | Who administers? | Am I eligible if undocumented? | Where can I find more information? |
|---|---|---|---|
| Ontario Works | Municipalities on behalf of Ontario Government | Maybe | The Ontario Works Act says that people with certain immigration status in Canada may be ineligible for financial assistance even if they are residing in Ontario. An OW worker may tell you that you are not eligible because you do not have permanent status in Canada, a work permit, or that you are a visitor. This is not correct as being out-of-status is not necessarily something that makes a person ineligible under the Act. The eligibility determination is very fact-specific, so get legal advice prior to applying (or immediately if you are told you are ineligible). |
| Ontario Disability Support Program | Ontario Government | Maybe | The Ontario Disability Support Program Act (ODSPA) says that people with certain immigration status in Canada may be ineligible for financial assistance even if they are residing in Ontario. An ODSP worker may tell you that you are not eligible because you do not have permanent status in Canada, a work permit, or that you are a visitor. This is not correct as being out-of-status is not necessarily something that makes a person ineligible under the Act. The eligibility determination is very fact-specific, so get legal advice prior to applying (or immediately if you are told you are ineligible) |
| Employment Insurance (EI) | Federal Government | No (Maybe) | If you are no longer authorized to remain in Canada, it is unlikely you will get EI. If you had a valid work permit or your work permit was tied to a specific employer that you no longer work for, or you were being paid in cash (while working on a permit), get legal advice about eligibility before applying to EI. |
| Workplace Safety and Insurance Board (WSIB) | Ontario Government | Yes | WSIB can provide benefits to you if you were injured at work even if you were working without a permit, working a job that was not authorized by your permit or you are undocumented/out-of-status. |
| Ontario Health Insurance Program (OHIP) | Ontario Government | Maybe | Generally, people who are undocumented or out-of-status do not qualify for OHIP even if residing in Ontario for at least 90 days. However, some people have had success getting temporary coverage based on previous status or inability to leave Canada (such as when CBSA is not enforcing removals to our country of citizenship). Being granted a Temporary Resident Permit (TRP) would mean a person is no longer out-of-status and therefore may also get short-term coverage (for the duration of the permit). A TRP could be requested on health grounds, but outcomes will vary on a case-by-case basis. Get legal advice. |
| Interim Federal Health Program (IFHP) | Federal Government | Maybe | The Interim Federal Health Program (IFHP) provides temporary health coverage for some people who are not covered by the provincial program (mostly refugees). If you are out-of-status, have urgent medical needs and compelling personal circumstances, you may be eligible for discretionary IFHP coverage. Not everyone who is out-of-status is eligible, and there are several requirements (including showing you are unable to leave the country, that there is no other coverage for you, and the attempts you have made to regularize your status). |
| Community Health Centres (CHCs) | Ontario Government | Yes | CHCs are meant to serve community members who are not otherwise insured, including people who are undocumented or out-of-status. You will need to register with the CHC (there may be long-wait times for service, but stress that as you cannot get healthcare anywhere else, you should be prioritized). CHCs can also help to coordinate access to hospital based services (which you might later be charged for unless another arrangement is made). Hospitals should not turn you away if you require emergency hospital based services due to the fact that you are uninsured/undocumented. But, you might get a bill – if you do, contact your local legal clinic for assistance. |
| Ontario Photo ID Card | Provincial Government (Service Ontario) | Yes | You do not need status in Canada to get an Ontario Photo ID card, but challenges arise because you do need to provide a document that shows your legal name and date of birth (the listed documents which Service Ontario agents are expecting to see include many immigration documents). Get help from an ID clinic to navigate these challenges. |
| Verification of Status (VOS) | Federal (IRCC) | No | The VoS document only shows permanent or citizenship status in Canada. The application can also be used to replace a valid temporary residence document. Do not apply for a VOS unless you are sure you had PR or citizenship status in Canada, or you are trying to replace a valid temporary residence document. If you are trying to check your immigration history or think you may have had status in the past, the best thing to do is connect with a legal clinic who can help you to make an Access to Information Act and/or Privacy Act (ATIP) request for your Immigration file instead. They can also talk to you about any benefits and risks of making this application. |
| Legal Aid Ontario (LAO) | Yes | You do not need immigration status in Canada to get legal aid. LAO helps people who qualify financially to hire a lawyer to help with some immigration and refugee matters (they will ask you for your financial information as part of the application to see if you are eligible). This includes refugee claims, humanitarian and compassionate (H&C) applications, Pre-Removal Risk Assessment (PRRA) applications, immigration detention reviews, some Immigration appeals or judicial reviews to Federal Court. LAO does not help with permanent residence applications (except humanitarian and compassionate), check the status of an application, pay immigration fees, renew temporary permits or visas or prepare sponsorship applications (although they may help with appeals). | |
| Primary and Secondary School in Ontario | Provincial | Yes | Under the Ontario Education Act, non-status/undocumented children under 18 years old (including where their parents are undocumented) have the right to attend primary and secondary school. Children do not need a study permit to attend primary and secondary school. Challenges sometimes arise registering children in school due to lack of awareness of the law/policy, or schools asking for study permits or the payment of international fees. |
| University/College in Ontario | Provincial | Maybe | Eligibility and registration will depend on the school and program, and whether a study permit is needed. Some programs have Canadian citizenship or permanent residence as eligibility requirements. Even if you have the right to attend school, there can be practical barriers such as finances. The Sanctuary Scholars’ Bridging Program at York University is open to people who have no immigration status and may be a good starting point to understand your options. |
| Subsidized Housing | City of Toronto | No (Maybe) | Immigration status is a requirement for subsidized housing units. However, if you are making a special priority application based on family violence, you might be eligible if you are regularizing your status by making a permanent residence application in Canada (such as through an H&C). Speaking to a transitional housing worker, such as at the Schlifer Clinic may help you understand your options. |
| Canada Child Benefit (CCB) | Federal | No | Only permanent residents and some temporary residents (depending on the type of permit they have) are eligible to get the CCB. (Note: if you are a non-status person living with the other parent who has the required immigration status, they may be eligible to receive the benefit on behalf of the child). If you are getting OW or ODSP, you may be eligible to get the provincial child benefit instead. |
| Paying Taxes | Federal (Canada Revenue Agency) | Maybe | Undocumented working people in Canada may be able to file a personal tax return including by getting an Individual Tax Number (ITN) if they are eligible. However, if you are not authorized to work in Canada and are filing taxes, be aware that IRCC and CRA have an information sharing agreement. Although this agreement is meant to share information about those applying for citizenship, it is unclear whether other taxpayer information is being shared with IRCC (such as filing of returns by non-residents). |
| Business Registration | Provincial | Yes | You do not need immigration status to register a business in Ontario. There are different ways a business can be registered, and the provincial registration will also give you a Business Information Number (BIN) that can be used to register an account with the CRA. If you are running a business in Ontario, the expectation is that you pay taxes in relation to the business. It is unclear what information may be shared with CRA. |