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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.

The rule: having a Canadian spouse or child doesn’t make your refugee claim eligible, and doesn’t stop removal on its own.

Your options: a PRRA for your risk, an in-Canada spousal sponsorship, and an H&C application, each with its own timing.

Why a lawyer: the order you file in, and the dates, decide what protects you from removal. Why a lawyer

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Our immigration lawyers

Sundeep S. Grewal, Barrister and SolicitorSundeep S. GrewalBarrister and SolicitorPrabhpreet Kaur Sangha, Barrister and SolicitorPrabhpreet Kaur SanghaBarrister and SolicitorPardeep S. Grewal, Barrister and SolicitorPardeep S. GrewalBarrister and Solicitor
About 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.

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.

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Your three routes

Routes for an ineligible claimant with Canadian family
Route What it decides Does it stop removal?
PRRA Your risk if returned Yes, if filed within 15 days of the notice (IRPR s. 232)
In-Canada spousal sponsorship Permanent residence through your spouse Not on its own; see below
H&C application Permanent residence on humanitarian grounds, including your children’s best interests Not on its own

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.

Book a consultation about your PRRA

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.

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.

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Sources (official)

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