Case ineligible due to bill C-12

[dao.c]

Thank you for hope. How it will work they said in my ineligible letter they will start deport process. So after deport process start i have to ask prra ?

You'll likely be called in for a CBSA interview, where an officer will discuss details regarding your removal/deportation, and will offer you a PRRA if you're eligible for it. During the interview you're free to ask about the PRRA if it goes unmentioned, but you cannot demand one.

 

[Rumman]

Will they give me automatically or i have to ask for it ?

I got ineligible letter on 3rd April and they mentioned they will start deportation after 22 april

Did you receive the brown paper already?

 

[Roy109]

You'll likely be called in for a CBSA interview, where an officer will discuss details regarding your removal/deportation, and will offer you a PRRA if you're eligible for it. During the interview you're free to ask about the PRRA if it goes unmentioned, but you cannot demand one.

Thank you for reply. On what basis they decide prra offer ? I have wife too. Will they offer both of us or only one? Is there any chance to get rejected for prra offer ?

 

[Roy109]

Did you receive the brown paper already?

Yes recieved on September 2025

 

[Joel Stan]

If your entry in 2024 was on or after the day exactly one year before the day you claimed asylum (the date on your Acknowledgement of Claim), your claim is ineligible under subsection 101(1)(b.1) of the IRPA, assuming that you don't have any other entries between the one in March 2020 and the one in 2024.
The entry in 2020 doesn't count because it was before June 24, 2020.

Thank you for your prompt response. I would also like to note that's my application was referred to IRB after the initial assessment upon filing and i received the asylum claimant document and work permit. Are reversing this decision? Thanks

 

[dao.c]

Thank you for reply. On what basis they decide prra offer ? I have wife too. Will they offer both of us or only one? Is there any chance to get rejected for prra offer ?

PRRAs are based on similar risk factors to regular refugee claims before the RPD, such as ethnicity, religion, gender identity, etc.
If your wife isn't ineligible in any basis, she will probably be processed regularly, separately from you.
If you get processed separately and one of you get accepted before the other, the accepted person can include their spouse on their PR application.

 

[dao.c]

Thank you for your prompt response. I would also like to note that's my application was referred to IRB after the initial assessment upon filing and i received the asylum claimant document and work permit. Are reversing this decision? Thanks

Unfortunately yes, your refugee application will be pulled back from the IRB as per IRPA s. 104(2)(a).
If you apply for a PRRA, your work permit will stay valid (or if cancelled you can get a new one) while the PRRA is being processed.
Also keep in mind that, if you have already been rejected by the RPD and are appealing the decision to the RAD, your application will not be terminated unless you've been found to be a protected person (or equivalent) in any other country.

 

[Joel Stan]

Unfortunately yes, your refugee application will be pulled back from the IRB as per IRPA s. 104(2)(a).
If you apply for a PRRA, your work permit will stay valid (or if cancelled you can get a new one) while the PRRA is being processed.
Also keep in mind that, if you have already been rejected by the RPD and are appealing the decision to the RAD, your application will not be terminated unless you've been found to be a protected person (or equivalent) in any other country.

Thank you once again. Could you please provide insights on how would my son, underage a dependent on my case be process. His first entry to Canada was in July 2025 and our asylum application was submitted in October 2025. Does my ineligible affect both or there could be some consideration in his case. How would this situation process or handle by ircc. Thank you.

 

[appwarez]

Thank you once again. Could you please provide insights on how would my son, underage a dependent on my case be process. His first entry to Canada was in July 2025 and our asylum application was submitted in October 2025. Does my ineligible affect both or there could be some consideration in his case. How would this situation process or handle by ircc. Thank you.

Your son as a dependent on your asylum claim, their case is usually tied to the principal applicant (you). IRCC and the Immigration and Refugee Board of Canada (IRB) normally assess the family together as one unit. Example. If you (the principal applicant) are found ineligible that decision usually applies to all dependents listed on the same claim, including your son.

 

[Joel Stan]

Your son as a dependent on your asylum claim, their case is usually tied to the principal applicant (you). IRCC and the Immigration and Refugee Board of Canada (IRB) normally assess the family together as one unit. Example. If you (the principal applicant) are found ineligible that decision usually applies to all dependents listed on the same claim, including your son.

And at this point I'm completely lost. in the notice i was required to respond within certain period otherwise deportation would be initiated. However, my lawyer says " it is messy at the moment because everything is new and i should not respond but wait until they contact me again". This is concerning for me to wait without taking the opportunity to clarify my situation. I'm leaning towards seizing the opportunity to reply and provide explanations for the 2024 visit in question. What do you think. Thank you for your time reading my post carefully and responding timely.

 

[Gfr]

And at this point I'm completely lost. in the notice i was required to respond within certain period otherwise deportation would be initiated. However, my lawyer says " it is messy at the moment because everything is new and i should not respond but wait until they contact me again". This is concerning for me to wait without taking the opportunity to clarify my situation. I'm leaning towards seizing the opportunity to reply and provide explanations for the 2024 visit in question. What do you think. Thank you for your time reading my post carefully and responding timely.

I suggest you do anything you need to do or consider getting a different lawyer
You have a dateline and should act upon before the given dateline to avoid the unforeseen

 

[appwarez]

And at this point I'm completely lost. in the notice i was required to respond within certain period otherwise deportation would be initiated. However, my lawyer says " it is messy at the moment because everything is new and i should not respond but wait until they contact me again". This is concerning for me to wait without taking the opportunity to clarify my situation. I'm leaning towards seizing the opportunity to reply and provide explanations for the 2024 visit in question. What do you think. Thank you for your time reading my post carefully and responding timely.

Responding yourself too quickly, if not can actually hurt your case. Better to getting a second opinion from another immigration lawyer (urgently), because your current lawyer is wrong, this is high-stakes and you deserve certainty. Ask for more time from them if needed respond right away is only safe if it’s done properly (usually by a lawyer).

 

[Joel Stan]

Your son as a dependent on your asylum claim, their case is usually tied to the principal applicant (you). IRCC and the Immigration and Refugee Board of Canada (IRB) normally assess the family together as one unit. Example. If you (the principal applicant) are found ineligible that decision usually applies to all dependents listed on the same claim, including your son.

Responding yourself too quickly, if not can actually hurt your case. Better to getting a second opinion from another immigration lawyer (urgently), because your current lawyer is wrong, this is high-stakes and you deserve certainty. Ask for more time from them if needed respond right away is only safe if it’s done properly (usually by a lawyer).

Thank you, I will compell the lawyer to reply with my explanations. But just worried that my asylum claim started in October 2025 after my arrival in July 2025 but they would only rely on my January 2024 .visiting that has nothing to do with asylum

 

[Joel Stan]

I suggest you do anything you need to do or consider getting a different lawyer
You have a dateline and should act upon before the given dateline to avoid the unforeseen

Thank you so very much. I will compell the lawyer to reply with my explanations. But just worried that my asylum claim was in October 2025 after my arrival in July 2025. But choose to rely on my January 2024 entry that has nothing to do with asylum claim.

 

[dao.c]

Thank you once again. Could you please provide insights on how would my son, underage a dependent on my case be process. His first entry to Canada was in July 2025 and our asylum application was submitted in October 2025. Does my ineligible affect both or there could be some consideration in his case. How would this situation process or handle by ircc. Thank you.

IRCC generally considers families together, but I believe you can request for your files to be separated. If you apply for a PRRA you'll be able to stay in Canada until a decision is made, if you're accepted you can apply for PR with your son, if your son is accepted only he can apply for PR. In the worst scenarios, you can request a deferral of removal to the CBSA or a Stay of Removal from the federal court. (Note that these are granted in extreme scenarios)

And at this point I'm completely lost. in the notice i was required to respond within certain period otherwise deportation would be initiated. However, my lawyer says " it is messy at the moment because everything is new and i should not respond but wait until they contact me again". This is concerning for me to wait without taking the opportunity to clarify my situation. I'm leaning towards seizing the opportunity to reply and provide explanations for the 2024 visit in question. What do you think. Thank you for your time reading my post carefully and responding timely.

I believe your lawyer is wrong, in almost every proceeding, you must comply with direct requests from IRCC. When you do that, even if you get mistreated by IRCC you can request the federal court to review those decisions, but if you do not comply with requests, you will have a significantly weaker case at the federal court.