Published
Pardeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2024, and a member of the Law Society of British Columbia.
Updated November 12, 2026: IRPA s. 101(1)(b.1) and (1.1), IRPR s. 176 and IRCC’s PRRA timelines checked that day.
Why it happens: the one-year rule looks at each claimant’s own first entry date, so family members who arrived at different times can get different results.
What follows: the eligible members go to the Board; the ineligible members usually get a PRRA. Two processes, one family.
Why a lawyer: the two cases have to tell the same story, and removal of one member has to be managed while the other case is decided. Why a lawyer
Our immigration lawyers
Sundeep S. GrewalBarrister and Solicitor
Prabhpreet Kaur SanghaBarrister and Solicitor
Pardeep S. GrewalBarrister and SolicitorAbout our lawyers
Sundeep S. Grewal founded Lawgical Law Corporation and argues immigration cases at the Immigration and Refugee Board and the Federal Court of Canada.
Prabhpreet Kaur Sangha focuses on refugee claims, immigration appeals, inadmissibility, detention reviews and Federal Court cases, and has presented at Continuing Legal Education seminars and the National Immigration Conference.
Pardeep S. Grewal is an immigration and estates lawyer known for clear communication and practical strategy.
Bill C-12 can split a family in two. A parent who came to Canada on a visitor visa in 2022 and claimed in 2025 may be found ineligible, while a spouse and children who arrived in 2025 and claimed within a year go to a hearing at the Immigration and Refugee Board. That is because the one-year rule looks at each claimant’s own entry date. The result is two different processes, with different decision-makers, deadlines and evidence rules, for one family with one story of risk. Handled well, the two cases support each other. Handled separately, they can contradict each other.
Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, represents families with split eligibility outcomes, coordinating the Board hearing and the PRRA; this guide is by Pardeep S. Grewal.
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Why family members get different outcomes
A claim is ineligible if “the claimant entered Canada after June 24, 2020 and made the claim more than one year after the day of their entry” (IRPA s. 101(1)(b.1)). Each person’s entry is counted separately, and for someone who entered more than once, the year runs from their first entry (s. 101(1.1)). Unaccompanied minors are exempt, but children who claim with a parent are assessed on their own entry date. See a claim ineligible under the one-year rule for how the year is counted.
Two tracks, one family
| Eligible members | Ineligible members | |
|---|---|---|
| Decision-maker | Refugee Protection Division | IRCC officer (PRRA) |
| Format | Hearing | Mostly on paper |
| Removal | Not while the claim is pending | Stayed only if the PRRA is filed within 15 days |
| Timeline | Set by the Board | 15 days to apply, 30 days for submissions |
You will be given a PRRA: you absolutely need a lawyer for it
If your claim is found ineligible under Bill C-12, in most cases CBSA will notify you that you can apply for a pre-removal risk assessment (PRRA). For you, the PRRA takes the place of a refugee hearing: it is the one time an officer will look at the risk you face if you are sent back.
- The deadlines are short: 15 days from the notice to apply, and 30 days in total for your written submissions and evidence. Removal is stayed only if you apply within the 15 days.
- It is decided mostly on paper: a hearing is held only when credibility is a serious issue, so what you file is your case.
- There is rarely a second chance: a refused PRRA usually leads to removal. The Federal Court can review the decision, but it does not rehear your case.
You absolutely need a lawyer for this, and you should hire our firm. Our immigration lawyers in Surrey, Abbotsford and Vancouver prepare PRRAs for claimants found ineligible under Bill C-12, from the first fairness letter through the PRRA and, if needed, the Federal Court.
How to protect the family
- Keep the story consistent. The basis of claim, the hearing evidence and the PRRA submissions should tell the same account. Contradictions in one can be used in the other.
- File the PRRA on time. That keeps the ineligible member’s removal stayed while the PRRA is decided.
- If removal is scheduled first, a deferral request and stay motion can point to the pending claim of a spouse or child and the children’s short-term interests. See a stay after a PRRA or deferral refusal.
- If a family member is accepted, a protected person can include family members in their application for permanent residence (IRPR s. 176). That can become a path for the rest of the family, so it matters who is protected first.
Why this needs a lawyer
One lawyer, one file, every step:
- working out each family member’s eligibility from their own entry dates;
- coordinating the basis of claim, the hearing and the PRRA so they are consistent;
- filing the PRRA on time to protect the ineligible member’s stay;
- bringing a deferral request or stay motion if one member faces removal first;
- planning permanent residence for the whole family after a positive decision.
When two decision-makers hear one family’s story, consistency is everything. One lawyer handling both tracks keeps the evidence aligned and the deadlines met.
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
- Treating the two cases as unrelated.
- Missing the PRRA deadline because the family is focused on the hearing.
- Giving different accounts in the PRRA and at the hearing.
- Assuming the ineligible member is safe from removal because the rest of the family has a pending claim.
Frequently asked questions
Can my wife’s hearing include me if I was found ineligible?
No. Your risk is assessed in your PRRA. Your case and hers should be consistent.
If my child is accepted as a refugee, can I stay?
A protected person can include family members in their permanent residence application (IRPR s. 176). Get advice on how this applies to your family.
Can CBSA remove me while my family’s claim is pending?
It can try once your removal order is in force. A PRRA filed on time stays removal while it is decided.
What should I do right now?
Write down each family member’s first entry date and claim date, keep every IRCC letter for each person, and get advice so both tracks are handled together.
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Sources (official)
- Immigration and Refugee Protection Act, s. 101(1)(b.1), (b.2) and (1.1)
- Immigration and Refugee Protection Regulations, s. 176
- IRCC: PRRA timelines and eligibility (modified November 18, 2025)
- Government of Canada: Understanding the Strengthening Canada’s Immigration System and Borders Act (Bill C-12) (modified May 21, 2026)
This article is general information, not legal advice. Every case depends on its own facts.