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Iamwilljr

Newbie
Nov 29, 2018
6
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I am in urgent need for help!!! Me and my family were on refugee claimants status since 2013, my the main applicant disappeared dont where he is. Our lawyer advised us to withdraw our claim, and apply for HnC. Because my dad was the main claimant. It has been almost a year now since my HnC has been in process, my refugee claimants work permit expired early last year. I applied to renew status, plus a new work permit, I got 6 months extension. It expired October this year, but I applied for a new work permit and I received a 1 year extension. I have a Canadian born son, whom I have full custody of his mom is Canadian me and her didn’t work out. We can’t go back to our home country, we don’t have any means of to survive or dangers we face. We got called in for an interview, just to tell me I currently don’t have any status, and I should buy a ticket for me and my son to go home, or find someone to leave him in their custody. but I have a valid working permit. Is there anything I can do to atleast wait till a decision is made ?
 
An deportation order will override any visa/permit you currently hold. CBSA has the authority to cancel visa/permits at their discretion. If they choose to enforce it, and all other avenues have been exhausted, they will remove you.
It likely events like this will become more common with the directive from the government to expidite the removal of those in Canada with no status.

https://www.cbc.ca/news/politics/cbsa-deportations-border-removals-1.4873169
 
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An deportation order will override any visa/permit you currently hold. CBSA has the authority to cancel visa/permits at their discretion. If they choose to enforce it, and all other avenues have been exhausted, they will remove you.
It likely events like this will become more common with the directive from the government to expidite the removal of those in Canada with no status.

https://www.cbc.ca/news/politics/cbsa-deportations-border-removals-1.4873169
When I applied I thought I applied for temporary residency, is there a way to ask to speed up my HnC case, because my son depends on me for survival, and I basically have nowhere to return to. And I don’t trust anyone with my son or him being end up in the system
 
No way to speed up the process. They will continue to process your H&C application if you are removed. Have you consulted legal council since your interview? It would probably be wise to actively engage one at this point.
 
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I booked an appointment with a lawyer he was on vacation. I have to return to CBSA for a second interview and a plane ticket next month
 
I booked an appointment with a lawyer he was on vacation. I have to return to CBSA for a second interview and a plane ticket next month

I would certainly get a consult with a lawyer. There are many lawyers - don't wait for this one to get back from vacation.

Hope for the best but also start making a plan for what you will do if you have to leave Canada and return to your home country (since that's a real possibility).
 
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Definitely retain a lawyer at this point. Given you have a second interview (with a plane ticket mentioned), CBSA most likely considers you removal ready. Expect things to happen very quickly after the second interview.