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H&C PR application

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Strong_mom View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Strong_mom Quote  Post ReplyReply Direct Link To This Post Posted: 13 Sep 2019 at 2:33pm
Congratulations Canadianmomof2... finally youre all done. cheers and many more blessings to come.. 😊
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Feltrinella View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Feltrinella Quote  Post ReplyReply Direct Link To This Post Posted: 13 Sep 2019 at 7:37pm
Originally posted by Canadianmomof2 Canadianmomof2 wrote:

So the lawyer contact IRCC and the ECAS note regarding September 6th wasn’t actually correspondence being sent, it was just the day that second stage approval was granted. They said that the landing office has been notified and should be in contact with a date for sometime in October. I thought having to submit the declaration to remove his estranged child would delay things, but it didn’t.

Timeline is:

July 27, 2017 submitted PRRA
September 21, 2017 submitted H&C
February 2018 PRRA refused
February 2018 Judicial review to appeal the negative PRRA decision
December 2018 Judicial review was dismissed
April 2, 2019 - AIP
Removal interview was scheduled for April 4, 2019
June 13, 2019 - medical request
September 6, 2019 - Decision made


Congrats and thanks for the timeline.
Our lawyer told us that appealing PRRA does not suspend the removal order. How did you manage to remain in the country between February 2018 and April 2019? Did you have a nice CBSA agent?

We also filed PRRA in August and I am scared my spouse will be removed after PRRA is refused...
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Canadianmomof2 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Canadianmomof2 Quote  Post ReplyReply Direct Link To This Post Posted: 14 Sep 2019 at 1:29am

Congrats and thanks for the timeline.
Our lawyer told us that appealing PRRA does not suspend the removal order. How did you manage to remain in the country between February 2018 and April 2019? Did you have a nice CBSA agent?

We also filed PRRA in August and I am scared my spouse will be removed after PRRA is refused...

We had 3 administrative deferrals. We had pretty extenuating circumstances due to my daughter’s mental health issues. She was hospitalized and the CBSA agreed to postpone removal a few times, but the officer told us that he wasn’t able to delay any further and if we hadn’t of received AIP then, he would have had no choice but to proceed with removal.

We had flights purchased on 2 separate occasions when we were granted the deferrals. I honestly think our case is pretty rare and it was a combination of my lawyer having a good relationship with the removal officer and our circumstances.
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Feltrinella View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Feltrinella Quote  Post ReplyReply Direct Link To This Post Posted: 14 Sep 2019 at 8:39am
Originally posted by Canadianmomof2 Canadianmomof2 wrote:


Congrats and thanks for the timeline.
Our lawyer told us that appealing PRRA does not suspend the removal order. How did you manage to remain in the country between February 2018 and April 2019? Did you have a nice CBSA agent?

We also filed PRRA in August and I am scared my spouse will be removed after PRRA is refused...

We had 3 administrative deferrals. We had pretty extenuating circumstances due to my daughter’s mental health issues. She was hospitalized and the CBSA agreed to postpone removal a few times, but the officer told us that he wasn’t able to delay any further and if we hadn’t of received AIP then, he would have had no choice but to proceed with removal.

We had flights purchased on 2 separate occasions when we were granted the deferrals. I honestly think our case is pretty rare and it was a combination of my lawyer having a good relationship with the removal officer and our circumstances.


Thank you for clarifying and congrats again!
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Feltrinella View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Feltrinella Quote  Post ReplyReply Direct Link To This Post Posted: 15 Sep 2019 at 11:26am
Hello folks,
Has anybody here succeeded in meeting their MP?
I wrote a letter to MP requesting appointment.
We even went to her office, but her assistant said to write e-mail request first.
Hoping to get heard...
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ewanko View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote ewanko Quote  Post ReplyReply Direct Link To This Post Posted: 16 Sep 2019 at 3:55pm
How was everbody? Anyone waiting for 2nd stage approval? Whats your timeline?
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Feltrinella View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Feltrinella Quote  Post ReplyReply Direct Link To This Post Posted: 16 Sep 2019 at 4:54pm
We wrote a letter to the Minister regarding the new pilot project that allows sponsoring undeclared children, while my Spouse is under removal from Canada for failing to declare two children (misrepresentation). I was surprised that they actually replied. But the reply is that the new program unfortunately cannot help and we have to wait for the HC...

Pasting below in case anyone else is in the same situation.

*****************

Thank you for your correspondence of September 12, 2019, addressed to the Honourable Ahmed Hussen, Minister of Immigration, Refugees and Citizenship, concerning your immigration situation and the pilot project to sponsor undeclared family members. I have been asked to respond to your concerns.



Please note that this office is unable to provide advice or guidance to applicants regarding an application. However, I can provide the following general information, which you may find to be helpful.



Regarding the pilot project, as stated on the Immigration, Refugees and Citizenship Canada (IRCC) Website, individuals may be eligible for the pilot project if:

they are applying to be sponsored as a spouse, common-law partner, or dependent child; and
they were not declared or examined when their sponsor became a permanent resident:
as a resettled refugee;
after being granted refugee protection in Canada;
as a dependent of a resettled refugee/protected person;
after being sponsored as a spouse, common-law partner, conjugal partner, or dependent child under the Family Class; or
after being sponsored as a spouse or common-law partner under the Spouse or Common-Law Partner in Canada Class.


This pilot project only applies to family members who wouldn’t have made their sponsor ineligible to immigrate to Canada.



This public policy took effect on September 9, 2019, and ends on September 9, 2021. The public policy applies to the following:

applications that were pending on May 31, 2019;
applications received between May 31, 2019 and September 9, 2021; and
applications that were pending reconsideration between May 31, 2019, and September 9, 2021.


Regarding inadmissibility for misrepresentation, subsection 40(1)(a) of the Immigration and Refugee Protection Act (IRPA) states that a foreign national may be found to be inadmissible to Canada for misrepresentation for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration.



The onus is on applicants to ensure that the information contained in their applications is truthful and that the supporting documents are genuine. Individuals could be inadmissible for misrepresentation for submitting false documents, even if they were not the person who fabricated evidence. The purpose of the misrepresentation provisions is to ensure that applicants provide complete, honest, and truthful information in every manner when applying for entry into Canada.



With regard to removals, everyone ordered removed from Canada is entitled to due process before the law, and all removal orders are subject to various levels of appeal. Removal of individuals cannot take place until all legal stays elapse, and no other impediments exist. Prior to removal, the applicant can:

apply to the Federal Court for leave and judicial review;
apply to the Refugee Appeal Division of the Immigration and Refugee Board of Canada;
ask for a pre-removal risk assessment by IRCC; and
ask for a Humanitarian and Compassionate review by IRCC.


Persons who do not comply with immigration officials’ instructions regarding removal from Canada may be subject to further enforcement action such as arrest, detention, and expedited removal. Further information about removals is available on the Canada Border Service Agency’s Website.



While I understand that this may not be the response you had anticipated, I hope that you will find this information to be helpful.



Sincerely,

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Strong_mom View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Strong_mom Quote  Post ReplyReply Direct Link To This Post Posted: 17 Sep 2019 at 10:24am
Thank you Feltrinella for sharing the response to you... it is helpful
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Muzenda View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Muzenda Quote  Post ReplyReply Direct Link To This Post Posted: 17 Sep 2019 at 4:11pm
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Edited by Muzenda - 26 Sep 2019 at 10:29pm
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Feltrinella View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Feltrinella Quote  Post ReplyReply Direct Link To This Post Posted: 19 Sep 2019 at 11:24am
Originally posted by Muzenda Muzenda wrote:

hie submitted a deferral last week want to check if a decision has been made. Do you have an idea on who J shoukd contact and their phone numbers. How did you get your defferal response


I presume you are talking about administrative deferral which does not involve court.
Do you have an assigned CBsA agent?
We get all correspondence from our agent through Purolator.
You will probably hear from him or her soon to schedule interview and discuss next steps depending on the decision.
You can be proactive and contact them (the contact details are on one of appointment letters they sent you), but better to wait to buy time. Sometimes they do not call you because they are on vacation or forgot or your file is at the bottom of their pile. So I would not voluntarily call them and precipitate the process. Let them work through their pile slowly.
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