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H&C PR application

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amansahib View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote amansahib Quote  Post ReplyReply Direct Link To This Post Posted: 01 Jul 2020 at 2:51pm
Alright

Edited by amansahib - 03 Jul 2020 at 8:11pm
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AiramV View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote AiramV Quote  Post ReplyReply Direct Link To This Post Posted: 01 Jul 2020 at 3:35pm
Have you gotten your refusal? I dont know much, but if you appeal you have a chance, they might deport her either way. Do you have a lawyer?
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amansahib View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote amansahib Quote  Post ReplyReply Direct Link To This Post Posted: 01 Jul 2020 at 11:37pm
Hn

Edited by amansahib - 05 Jul 2020 at 12:27am
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AiramV View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote AiramV Quote  Post ReplyReply Direct Link To This Post Posted: 02 Jul 2020 at 1:00am
I am really sorry to hear that. Its hard to say what will happen, maybe someone with more experience here can help you. When did you apply? Do you mind sharing your timeline?
If you have lawyer consult with them, I would do that in your situation.
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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: 02 Jul 2020 at 3:00am
Amansahib, they should offer you PRRA before removing (unless the person had a failed refugee claim in the last 12 months). This will give you 6-12 months to prepare a new application or appeal. Then if your PRRA is refused (which will almost certainly be) your CBSA agent may let the person stay until AIP if they are nice.

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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: 02 Jul 2020 at 3:10am
amansahib, if the person is out of status and HC was the only eligible route (the person cannot be sponsored etc.) -- yes removal order has to be issued. However it depends on your CBSA officer and if they actively seek to remove the person. Some officers are nice and give you suggestions on what to apply for to stay in Canada. E.g. if the person is very senior, has all their family here etc.CBSA might not seek to execute a removal order.
But others are pretty tough.
You can also do administrative deferral of removal by writing a compelling letter to CBSA asking to postpone removal until pandemic is over since the person is high risk. Stay of removal is another option but very expensive (with lawyer) and almost always fails.
In your HC rejection, did they write that the person has to leave?
My spouse lost his federal court appeal last year to a PR loss case, so his rejection clearly states he has to leave.
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amansahib View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote amansahib Quote  Post ReplyReply Direct Link To This Post Posted: 02 Jul 2020 at 4:18am
Hmm

Edited by amansahib - 05 Jul 2020 at 12:28am
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Post Options Post Options   Thanks (0) Thanks(0)   Quote amansahib Quote  Post ReplyReply Direct Link To This Post Posted: 02 Jul 2020 at 4:18am
2017

Edited by amansahib - 05 Jul 2020 at 12:28am
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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: 02 Jul 2020 at 7:02am
Amansahib - if there was a removal order, you will get invited by CBSA soon for removal interview.
Maybe try GCMS notes to see why it was refused and resubmit, if you can find new evieence.
This is a good time to get a lawyer.
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amansahib View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote amansahib Quote  Post ReplyReply Direct Link To This Post Posted: 02 Jul 2020 at 10:25am
Ok thanks !!
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