Found ineligible under Bill C-12 with a Canadian spouse or child: your options

By Prabhpreet Kaur Sangha, lawyer at Lawgical Law Corporation · Reviewed November 12, 2026

Published November 13, 2026

Prabhpreet Kaur Sangha is a lawyer at Lawgical Law Corporation, called to the BC bar in 2019, and a member of the Law Society of British Columbia.

Updated November 12, 2026: IRPA ss. 25 and 101, IRPR ss. 124, 224 and 232, and IRCC’s out-of-status spouse policy checked that day.

Many people caught by Bill C-12 have built lives in Canada since they arrived: a spouse who is a citizen or permanent resident, a child born here. Those ties don’t change the eligibility rules, and they don’t stop removal by themselves. But they open routes that a person without family here doesn’t have. The PRRA deals with the risk you face at home. A spousal sponsorship and an application on humanitarian and compassionate grounds deal with your life in Canada. The timing of each matters, because only some of them protect you from removal while they are decided.

Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, handles PRRAs, inland spousal sponsorships and H&C applications for claimants found ineligible under Bill C-12; this guide is by Prabhpreet Kaur Sangha.

Book a consultation about your refugee claim TapClick to open a short form. Our team will contact you to arrange a time.Short form, 4 quick fields Open form

Your three routes

Spousal sponsorship

If you are married to or in a common-law relationship with a Canadian citizen or permanent resident, an in-Canada sponsorship may be possible, including under IRCC’s policy for spouses without status; see sponsoring a spouse who is out of status. Under that policy, CBSA agreed to a temporary administrative deferral of removal for applicants who qualify, but it generally doesn’t help people who apply after CBSA considers them ready for removal. Apply early, ideally while the PRRA stay is in place. If you are removed before a decision, the in-Canada application ends; see removal while a spousal sponsorship is pending.

H&C and your children

An H&C application lets IRCC weigh your establishment in Canada and the best interests of any child directly affected. The 12-month bar on H&C applies after the Board rejects a claim (IRPA s. 25(1.2)(c)). An ineligible claim was never heard by the Board, so that bar is not usually the obstacle. An H&C doesn’t stop removal by itself; see removal while an H&C is pending and a parent of Canadian children facing removal.

If removal can’t be avoided

Most refugee claimants are given a departure order when they claim. If you leave and confirm your departure with CBSA within 30 days of the order becoming enforceable, you won’t need an authorization to return, and your spouse can sponsor you from outside Canada. If you don’t, it becomes a deportation order (IRPR s. 224). See removal orders explained.

Why this needs a lawyer

One lawyer, one file, every step:

• filing the PRRA on time to keep the stay in place;
• preparing the spousal sponsorship and checking the policy’s exclusions;
• building an H&C around your family and your children’s best interests;
• bringing a deferral request and stay motion if removal is scheduled;
• planning a departure that keeps the outland route open if needed.

Three applications, three sets of rules, one removal clock. The order and timing of what you file decides what protects you, and a lawyer runs them together.

Immigration lawyers are members of a provincial law society (in our case, the Law Society of British Columbia), and only a lawyer can bring a motion to stay a removal in the Federal Court. An immigration consultant cannot file or argue it there.

Mistakes I have seen

• Waiting for the PRRA decision before starting the sponsorship.
• Assuming marriage to a Canadian stops removal.
• Letting a departure order turn into a deportation order.
• Filing the H&C without evidence about the children.

Frequently asked questions

Can I be removed if I’m married to a Canadian?

Yes. Marriage doesn’t stop removal on its own, but it supports a sponsorship and can be raised in a deferral request.

My child was born in Canada. Does that help?

Your child’s best interests are weighed in an H&C and can be raised in a deferral request. They don’t make the refugee claim eligible.

Should I file the PRRA if I’m applying for sponsorship?

Yes, if you face risk. A PRRA filed on time stays removal and is often what keeps you in Canada while the sponsorship is processed.

Related guides: Bill C-12 explained, sponsoring a spouse who is out of status, removal while a spousal sponsorship is pending, a parent of Canadian children facing removal, the PRRA guide, removal orders explained.

What should I do right now?

Gather proof of your relationship and your child’s status, note the date of any PRRA notice, and get advice now on filing the PRRA, the sponsorship and an H&C in the right order.

Book a consultation with our immigration lawyers in Surrey, Abbotsford or Vancouver, or online from anywhere.

Ready to book? Open the booking form ↑

Sources (official)

• Immigration and Refugee Protection Act, s. 101(1)(b.1), (b.2) and (1.1)
• Immigration and Refugee Protection Act, s. 25(1.2) and (1.21)
• Immigration and Refugee Protection Regulations, s. 124
• Immigration and Refugee Protection Regulations, ss. 224–226
• Immigration and Refugee Protection Regulations, s. 232
• IRCC: Public policy for spouses and common-law partners in Canada without status (modified March 12, 2018)
• IRCC: PRRA timelines and eligibility (modified November 18, 2025)

This article is general information, not legal advice. Every case depends on its own facts.