Entitlements According to Immigration StatusÂ
| Type of Status | Can I work legally? (ie: without the risk of being reported to immigration for enforcing my rights under the ESA or requesting compensation if I am injured at work) | Can I enrol in educational courses lasting longer than six months? | Can I enrol my children in school? | What if I get sick? | Can I access OW or ODSP? | Risks and Status Renewal |
| No legal status:1) I have been in Canada for longer than six months, my work or study permit has expired, and I have not applied for any other type of status. 2) A deportation order has been issued against me, but I have stayed in Canada  | No, you must leave Canada to apply for a work permit. You also do not have a right to a SIN. | No, you must leave Canada to apply for a study permit. | Yes | You must pay for healthcare. If there is an emergency, you can be treated at the hospital, but you will be billed. However, you might have access to free medical services at Community Health Centres. | No | You could be called in for an interview and a deportation order issued, or a warrant if you do not show up for the meeting. Deportation may also result in a one or two year or lifetime exclusion from Canada |
| I am visiting Canada and have been here for less than six months. | No, you must leave Canada to apply for a work permit. You also do not have a right to a SIN. | No, you must leave Canada and apply for a study permit. | No | You must pay for healthcare. If there is an emergency, you can be treated at the hospital, but you will be billed. However, you might have access to free medical services at Community Health Centres. | No | You can renew your visitor’s visa within Canada if you apply before the expiry date, or you can restore your visa within 90 days of its expiry. Otherwise, a deportation order may be issued against you after your visa has expired |
| I have received a work permit, but have no other type of status in Canada. | Yes | You can apply for a study permit from within Canada. | Yes | You must pay for healthcare. If there is an emergency, you can be treated at the hospital, but you will be billed.  | No | You can renew your work permit within Canada if you apply before the expiry date, or restore it within 90 days of expiry. Otherwise, a deportation order may be issued against you after your permit has expired |
| I have received a study permit, but have no other type of status in Canada. | You can apply for a work permit while you’re in Canada.  | Yes | Yes | You must pay for healthcare. If there is an emergency, you can be treated at the hospital, but you will be billed.  | No | You can renew your study permit within Canada if you apply before the expiry date, or restore it within 90 days of expiry. If it is not renewed/restored, a deportation order may be issued against you. |
| I have applied for refugee status, but have not yet had a hearing. | You can apply for a work permit for free from within Canada. You also have a right to a SIN.   | You can apply for a study permit from within Canada, but you must first be accepted into a course. | Yes | You can apply for IFH. | Yes | You could be detained if immigration has questions about your identity or if they decide you are a major flight risk. If you miss your PIF deadline, they could declare your claim abandoned, and you are supposed to leave within 15 days.  |
| I have been accepted as a refugee, but have not yet paid the $550 for landed immigrant status. | You can apply for a work permit for free from within Canada. You also have a right to a SIN. | You can apply for a study permit from within Canada. | Yes, and if your children attend university, they can apply for OSAP. | You can apply for OHIP. | Yes. You can also apply for CCTB if you have children. | You must apply for Permanent Residency within 180 days or by H &C after that. You can only be removed if immigration believes you to be a security risk, a risk to public health, or if you are convicted of a serious crime. |
| My refugee claim has been refused, but I have applied for judicial review in Federal Court. | You can apply for a work permit for $150 from within Canada. You also have a right to a SIN. | You can apply for a study permit from within Canada. | Yes | You can apply to renew IFH. | Yes | If you lose in Federal Court or if leave to appeal is denied you must leave Canada within 15 days |
| My refugee claim and judicial review have been dismissed, but no deportation order has been issued against me. | You can apply for a work permit for $150 from within Canada. You also have a right to a SIN.    | You can apply for a study permit from within Canada. | Yes | You can apply to renew IFH. | Yes | You will be placed for removal after 15days of your rejection unless you apply for Federal Court. After this, you are excluded for life from coming back to Canada. However, you still have the right to a PRRA |
| My refugee claim, judicial review, and PRRA have been refused, but I have been told that I cannot be deported to my country. | You can apply for a work permit for $150 from within Canada. You also have a right to a SIN. | You can apply for a study permit from within Canada. | Yes | You can apply to renew IFH. | Yes | You can apply for a Temporary Resident Permit and if you keep it for five years, apply for permanent residency |
| I have applied to be considered for Humanitarian and Compassionate reasons, but no decision has been made on my application. | You cannot apply for a work permit or a SIN from within Canada unless you have made a refugee claim and not yet had a PRRA. However, if you have applied for an H&C decision, you can enforce your rights under the Employment Standards Act or through Workers Compensation without fear (usually) that you will be deported because of this. | You cannot apply for a study permit from within Canada unless you have made a refugee claim and not yet had a PRRA.     | Yes | Unless you have also made a refugee claim and have not yet had a PRRA, you must pay for healthcare. If there is an emergency, you can be treated at the hospital, but you will be billed. However, you might have access to free medical services at Community Health Centres. | Yes | You can be removed if there is a removal order – H &C does not stop removal, though if one is not yet issued, you can ask for it to be deferred until the first stage decision is made. After the first stage decision, you cannot be removed. |
| I have been approved to stay in Canada for Humanitarian and Compassionate reasons, but I am not landed. | You can apply for a work permit for $150. You also have a right to a SIN. | You can apply for a study permit from within Canada. | Yes | You have a right to OHIP if you have passed your immigration medical. | You can apply for OW or ODSP, but if you receive OW, you risk having your landing refused. | You can be removed if you commit a serious crime, if you have a serious medical issue, for security reasons or if your permanent residency is denied. |
| I am a permanent resident, but a family member has sponsored me to come to Canada on the condition that he or she support me for a set amount of time. | You can work without a work permit. | You can study without a study permit. | Yes | You can apply for OHIP after you have been in Canada for at least three months. | You have a right to OW and ODSP, but if you receive either during your sponsorship period, your sponsor will be sued by the Ontario government for repayment. You have a right to CCTB if you have children. | If your sponsorship breaks down due to abuse, you might be able to convert your application for permanent residency to an H &C. If this happens, speak to a lawyer. |
 ESA = Employment Standards Act, legislation which sets out hours of work, pay, overtime, emergency leave, breaks, vacations, and notice periods upon termination.WCB = Workers Compensation Board, the board which decides whether you are entitled to compensation if you are injured on the job.SIN = Social Insurance Number, necessary to work legally in CanadaOHIP = Ontario Health Insurance Plan, will pay for most health servicesIFH = Interim Federal Health, will pay for some health servicesOW= Ontario Works, financial assistance to help cover the expenses of people who are not workingODSP= Ontario Disability Support Program, financial assistance to people unable to work due to disabilityCCTB = Canada Child Tax Benefit, a monthly payment made to families with children under 18PRRA = Pre-removal Risk Assessment, an assessment of the risks that a non-status person would face if they were deportedOSAP = Ontario Student Assistance Program, an interest free loan made to university studentsH&C = Humanitarian and Compassionate Grounds Application Â
| Attachment | Size |
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| Status and Entitlements-Oct[1]. 3, 2006.doc | 45.5 KB |
