H&C PR application |
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amansahib
Junior Member Joined: 30 Mar 2019 Location: Winnipeg Status: Offline Points: 25 |
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Alright
Edited by amansahib - 03 Jul 2020 at 8:11pm |
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AiramV
Junior Member Joined: 05 Feb 2019 Status: Offline Points: 103 |
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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
Junior Member Joined: 30 Mar 2019 Location: Winnipeg Status: Offline Points: 25 |
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Hn
Edited by amansahib - 05 Jul 2020 at 12:27am |
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AiramV
Junior Member Joined: 05 Feb 2019 Status: Offline Points: 103 |
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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
Average Member Joined: 18 Apr 2019 Status: Offline Points: 204 |
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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
Average Member Joined: 18 Apr 2019 Status: Offline Points: 204 |
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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
Junior Member Joined: 30 Mar 2019 Location: Winnipeg Status: Offline Points: 25 |
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Hmm
Edited by amansahib - 05 Jul 2020 at 12:28am |
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amansahib
Junior Member Joined: 30 Mar 2019 Location: Winnipeg Status: Offline Points: 25 |
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2017
Edited by amansahib - 05 Jul 2020 at 12:28am |
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Feltrinella
Average Member Joined: 18 Apr 2019 Status: Offline Points: 204 |
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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
Junior Member Joined: 30 Mar 2019 Location: Winnipeg Status: Offline Points: 25 |
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Ok thanks !!
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