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bushra1122

Hero Member
Dec 8, 2018
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My mother sponsored my father under the Spouse/Common-Law Partner in-Canada Class in Septmeber 2018. My father passed the medical exam, BGC, and my mother passed the sponsor eligibility. My father was unable to pass the eligiblity because of lack of status due to misrepresentation. He had come to Canada in 1995 and his immigration case had started in 1999 and concluded in 2004 with a deportation order issued in his name in 2005. The last time he had left Canada was in 2002. He received a procedural fairness letter on April 3 which gives us 30 days to respond.

https://www.canada.ca/en/immigratio...mining-spouse/spouse-canada/humanitarian.html

According to the above link, we can request IRCC to consider the H&C factors in his case as the only thing making him ineligible is the inadmissibility factor. He is 65 years old with many medical concerns and recently suffered a stroke. All of his children are married and settled in Canada and he has grandchildren as well. He has actively worked (and still does) in Canada and files tax returns yearly. His parents and 3 siblings (with no offsprings) are deceased. His remaining 2 siblings are settled in the UK. He is an active member of the community.

To me his case/circumstances qualify for us to request the H&C considerstions but since I have no experience I'm posting here to get input from the more experienced members of the forum.

Do we stand any chance if requesting for H&C considerations? Any help or guidance is much appreciated. Thank you.
 
Your father was issued a Deportation Order 14 years ago? What happened after that - did he file an appeal, or take any steps to follow the Deportation Order?
 
Your father was issued a Deportation Order 14 years ago? What happened after that - did he file an appeal, or take any steps to follow the Deportation Order?

Would you be referring to the PRRA? While the case was ongoing, his birth country passport had expired. CBSA has requested of him two times so far to go to the Embassy for renewal of passport. However, renewal was not granted. Each time he submitted the renewal application he handed the receipt back to CBSA because the passport is suppose to come to them once issued.
 
Would you be referring to the PRRA? While the case was ongoing, his birth country passport had expired. CBSA has requested of him two times so far to go to the Embassy for renewal of passport. However, renewal was not granted. Each time he submitted the renewal application he handed the receipt back to CBSA because the passport is suppose to come to them once issued.

Was the PRRA application accepted then?
 
Others I am sure will comment but you really need to consult an immigration lawyer if you have not already and not just a public forum. Your case seems far too complex to get well intended amateur opinions from a public forum. With only 30 days for a response time is not on your side.
 
Agree with getting a lawyer as soon as possible.

What did your father misrepresent? Being out of status has not stopped others from getting PR so I’m wondering what it is because I believe the level of deception will be a factor.
 
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The PFL will give some idea as to what the misrepresentation was about. Was it about the deportation order, or something else?
 
Others I am sure will comment but you really need to consult an immigration lawyer if you have not already and not just a public forum. Your case seems far too complex to get well intended amateur opinions from a public forum. With only 30 days for a response time is not on your side.

We're in the process of consulting with an immigration lawyer. This link had come up so I just wanted to get some input.
 
Agree with getting a lawyer as soon as possible.

What did your father misrepresent? Being out of status has not stopped others from getting PR so I’m wondering what it is because I believe the level of deception will be a factor.

When he came in 1995, he claimed refugee status based on threat of persecution in home country, which later proved to be false. And at the time when he entered Canada he did not hand over the travel document with which he entered, which was later caught and that's when the whole case started. Hence he doesn't qualify under the Spouse category because this admissibility is not covered under Public Policy.
 
The PFL will give some idea as to what the misrepresentation was about. Was it about the deportation order, or something else?

When he came in 1995, he claimed refugee status based on threat of persecution in home country, which later proved to be false. And at the time when he entered Canada he did not hand over the travel document with which he entered, which was later caught and that's when the whole case started.
 
When he came in 1995, he claimed refugee status based on threat of persecution in home country, which later proved to be false. And at the time when he entered Canada he did not hand over the travel document with which he entered, which was later caught and that's when the whole case started. Hence he doesn't qualify under the Spouse category because this admissibility is not covered under Public Policy.

When public policy is in play, it is a lot more complicated. I hope you have a very good lawyer.
 
Yeah, I'll chime in and agree with everyone else - you need a good lawyer. Good luck.
 
When public policy is in play, it is a lot more complicated. I hope you have a very good lawyer.

His factors don't even qualify him under Public Policy. However, the link I initially shared in the OP indicates that as long as he meets the two requirements (be spouse of the sponsor, and have a sponsorship application submitted) then we can request for them to process his app under H&C while still keeping it in the Family Class stream.