Lost in Limbo: The Situation of Indian Students Without Status in Canada — And What Can Be Done
In recent years, thousands of international students from India came to Canada in pursuit of better education, global exposure, and the promise of a path to permanent residency (PR). But today, a growing number of them have found themselves in a troubling situation: they are no longer eligible for PR and have fallen out of status, often continuing to live and work in Canada underground, without legal authorization.
How Did We Get Here?
Canada welcomed over 320,000 Indian international students in 2023 alone, making India by far the top source country. But several factors have created a perfect storm, leaving many of these students in limbo:
Changes in Post-Graduation Work Permit (PGWP) and PR pathways: Programs like Express Entry have become far more competitive, with cut-off scores rising and fewer invitations issued to those without high language scores or skilled work experience.
Exploitation and misinformation: Some students were misled by unregulated agents and private colleges offering low-value programs with little chance of leading to PR.
Job market saturation: Many graduates could not secure skilled jobs required for PR eligibility due to lack of Canadian experience, language barriers, or oversupply in certain industries.
Expiration of status: Once a PGWP expires and no alternative permit is secured, individuals fall out of legal status.
Unable to return home for personal, financial, or social reasons, some former students remain in Canada underground, working in the cash economy, without access to healthcare or legal protections.
What Are the Risks?
Being without status exposes individuals to:
- Removal from Canada (deportation orders)
- Exclusion from future re-entry
- No access to legal employment or benefits
- Potential exploitation by employers or landlords
Despite their original good faith entry into Canada, these individuals now face precarious conditions and few clear options.
- Apply for a Temporary Resident Permit (TRP)
A TRP may be available for individuals who have compelling reasons to remain in Canada and whose presence is not deemed a risk. This is discretionary and requires a strong explanation of the circumstances with supporting documents. We have extensive experience in TRP applications.
- Humanitarian and Compassionate (H&C) Applications
If a person will suffer serious difficulty returning to their home country and/or has established significant ties to Canada—such as education, employment, community involvement, volunteerism, long-term residence, or family here—they may be eligible to apply for PR on H&C grounds. These applications are complex and we engage in an extremely detailed preparation process to ensure the best possible outcome.
- Spousal Sponsorship
Those in genuine relationships with Canadian citizens or permanent residents may be able to regularize their status through inland spousal sponsorship, even if they are out of status.
- New Regularization Program (if introduced)
Advocacy groups have called for a one-time regularization program for long-term undocumented residents. The Canadian government also suggested such a program could be forthcoming. If introduced, this would offer a path to PR for some out-of-status individuals. It’s crucial to stay updated on policy announcements.
- Provincial Programs or Employer-Supported Applications
In rare cases, if an individual is working in a skilled job and an employer is willing to support a Labour Market Impact Assessment (LMIA), they may be able to transition to a work permit and eventually PR through a Provincial Nominee Program (PNP). However, this is difficult for someone already out of status.
How Elliott Immigration Corporation Can Help
At Elliott Immigration Corporation, we understand the emotional and legal burden of being out of status. We offer confidential consultations to assess your options and help you pursue the most viable pathway. We can:
Review your full immigration history
Determine your best options and provide a realistic assessment of your chances
Prepare TRP or H&C, Spousal, LMIA or PNP application
Monitor any new regularization policies and prepare your case proactively
📞 Call us at 647-557-2288
🌐 Visit www.canadianimmigrationpartners.com
✉️ Book a consultation today
You are not alone. If you came here to study, worked hard, and are now at risk of falling through the cracks, we’re here to help you find a legal path forward. The Canadian immigration system is complicated—but with the right advice and advocacy, there is hope.
