{"id":2519,"date":"2026-11-13T00:31:24","date_gmt":"2026-11-13T00:31:24","guid":{"rendered":"https:\/\/www.lawgicalcorp.com\/blog\/bill-c-12-family-different-outcomes\/"},"modified":"2026-11-13T00:31:24","modified_gmt":"2026-11-13T00:31:24","slug":"bill-c-12-family-different-outcomes","status":"publish","type":"post","link":"https:\/\/www.lawgicalcorp.com\/blog\/bill-c-12-family-different-outcomes\/","title":{"rendered":"Bill C-12 split your family: one claim goes to a hearing, another is ineligible"},"content":{"rendered":"

By Pardeep S. Grewal<\/a>, lawyer at Lawgical Law Corporation \u00b7 Reviewed November 12, 2026<\/em><\/p>\n

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<\/a>.<\/em><\/p>\n

Updated November 12, 2026: IRPA s. 101(1)(b.1) and (1.1), IRPR s. 176 and IRCC’s PRRA timelines checked that day.<\/em><\/p>\n

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Why it happens:<\/strong> 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.<\/p>\n

What follows:<\/strong> the eligible members go to the Board; the ineligible members usually get a PRRA. Two processes, one family.<\/p>\n

Why a lawyer:<\/strong> 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<\/a><\/p>\n

Book a consultation<\/a><\/p>\n<\/div>\n

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Our immigration lawyers<\/p>\n

\"SundeepSundeep S. Grewal<\/span>Barrister and Solicitor<\/span><\/a>\"PrabhpreetPrabhpreet Kaur Sangha<\/span>Barrister and Solicitor<\/span><\/a>\"PardeepPardeep S. Grewal<\/span>Barrister and Solicitor<\/span><\/a><\/div>\n
\nAbout our lawyers<\/summary>\n
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Sundeep S. Grewal<\/a><\/strong> founded Lawgical Law Corporation and argues immigration cases at the Immigration and Refugee Board and the Federal Court of Canada.<\/p>\n

Prabhpreet Kaur Sangha<\/a><\/strong> 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.<\/p>\n

Pardeep S. Grewal<\/a><\/strong> is an immigration and estates lawyer known for clear communication and practical strategy.<\/p>\n<\/div>\n<\/details>\n<\/div>\n

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.<\/p>\n

Lawgical Law Corporation<\/a>, 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.<\/p>\n

Why family members get different outcomes<\/h2>\n

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<\/a> for how the year is counted.<\/p>\n

Two tracks, one family<\/h2>\n
\n\n\n\n\n\n\n\n\n
How the two processes differ<\/caption>\n
<\/th>\nEligible members<\/th>\nIneligible members<\/th>\n<\/tr>\n<\/thead>\n
Decision-maker<\/td>\nRefugee Protection Division<\/td>\nIRCC officer (PRRA)<\/td>\n<\/tr>\n
Format<\/td>\nHearing<\/td>\nMostly on paper<\/td>\n<\/tr>\n
Removal<\/td>\nNot while the claim is pending<\/td>\nStayed only if the PRRA is filed within 15 days<\/td>\n<\/tr>\n
Timeline<\/td>\nSet by the Board<\/td>\n15 days to apply, 30 days for submissions<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n
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You will be given a PRRA: you absolutely need a lawyer for it<\/h2>\n

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.<\/p>\n