What's after Decision Made ..?

[THM]

my wife & kids application (H&C PR in Canada) has been in process since 2015. They were under removal order which has been on hold for processing their application. We received 1st stage approval back in April 2018, ,submitted medicals in august. Application status online changed from "In Process" to "Decision Made" on 19 Jan 2019. There was no questions asked regarding our documents ,,,,
....what happens now ...? what we should expect & when ..?

 

[THM]

on IRCC Check Application Status , there is nothing there after "Medical Results Received" ,,,

 

[Bornlucky]

my wife & kids application (H&C PR in Canada) has been in process since 2015. They were under removal order which has been on hold for processing their application. We received 1st stage approval back in April 2018, ,submitted medicals in august. Application status online changed from "In Process" to "Decision Made" on 19 Jan 2019. There was no questions asked regarding our documents ,,,,
....what happens now ...? what we should expect & when ..?

I read on another thread that you applied for a Pre-Removal Risk Assessment for a removal order issued based upon your failure to meet the residency requirement, is this correct?

If so, you'll probably get the H&C decision with your PRRA decision from the CBSA.

What will the decision be? You'll have to attend a meeting with a CBSA Officer to find out I suspect.

 

[douglascage]

I read on another thread that you applied for a Pre-Removal Risk Assessment for a removal order issued based upon your failure to meet the residency requirement, is this correct?

If so, you'll probably get the H&C decision with your PRRA decision from the CBSA.

What will the decision be? You'll have to attend a meeting with a CBSA Officer to find out I suspect.

Hi, Are you sure about this? i have a same scenario. female applied for h&c in 2018 march and they start processing it on aug 2020 then sept 2020 decision made. She has also applied PRRA in sept 2019 and was in the removal order as per the prra even before she applied for h&c . the date mentioned in the prra is before she applied for the h&c, she also tick a no when in h&c they ask that : are you in removal order?
please recommend as now it is decision made since sept but no mail or anything else communicated.
thanks

 

[Bornlucky]

Hi, Are you sure about this? i have a same scenario. female applied for h&c in 2018 march and they start processing it on aug 2020 then sept 2020 decision made. She has also applied PRRA in sept 2019 and was in the removal order as per the prra even before she applied for h&c . the date mentioned in the prra is before she applied for the h&c, she also tick a no when in h&c they ask that : are you in removal order?
please recommend as now it is decision made since sept but no mail or anything else communicated.
thanks

Hi - I can't offer any certainty but what I wanted to convey was that usually the two decisions (H&C and PRRA) are delivered at the same time if that's practical for them - it's a processing efficiency for IRCC and the CBSA removals people. PRRAs are a priority because it's an inter-governmental relationship with the CBSA, and positive H&C decisions forestall any removal efforts, and so the CBSA doesn't waist time and resources where it isn't required.

I'm not sure from your message what, "was in the removal order as per the prra" means.

If there was a PRRA decision made while there was an H&C outstanding then that's unusual in my very dated experience. Sorry that I can't help there, but if they've changed their processing methods and priorities since I knew the business lines then it may no longer be a practise to marry up the two applications for decisions by one officer. I'd be surprised though.

Still, if they did make a negative PRRA decision and the CBSA found impediments to the removal then it is was it is, a somewhat stale PRRA decision with some sort of H&C decision finally being addressed.

As for the boxes checked or missed, once a person is on an executable removal order then any application problems would need to be significant for it to change much.

I hope that this is clear, and that it works out for the person.

 

[douglascage]

Hi - I can't offer any certainty but what I wanted to convey was that usually the two decisions (H&C and PRRA) are delivered at the same time if that's practical for them - it's a processing efficiency for IRCC and the CBSA removals people. PRRAs are a priority because it's an inter-governmental relationship with the CBSA, and positive H&C decisions forestall any removal efforts, and so the CBSA doesn't waist time and resources where it isn't required.

I'm not sure from your message what, "was in the removal order as per the prra" means.

If there was a PRRA decision made while there was an H&C outstanding then that's unusual in my very dated experience. Sorry that I can't help there, but if they've changed their processing methods and priorities since I knew the business lines then it may no longer be a practise to marry up the two applications for decisions by one officer. I'd be surprised though.

Still, if they did make a negative PRRA decision and the CBSA found impediments to the removal then it is was it is, a somewhat stale PRRA decision with some sort of H&C decision finally being addressed.

As for the boxes checked or missed, once a person is on an executable removal order then any application problems would need to be significant for it to change much.

I hope that this is clear, and that it works out for the person.

HI Sir,

I am also confused about the series of events which this client declared in her application for H&c. So, as per your experience if PRRA and h&c both are getting processed at the same time, then the decision will be given by cbsa officer generally when both the application were done? or they deliver each separate? that is actually what i wanted to ask in the first place.
Her PRRA is an exclusion order to be clearer, mentioning failure to comply with the timely departure and not security threat, issued in July 2020 but dated Feb 2, 2018, a month before her H&C application was even applied.
then she applied for h&C in march 2018 saying she is not in any removal order in her application.
Also, like to clarify as you are an experienced member, do one officer look at both files?

 

[Bornlucky]

HI Sir,

I am also confused about the series of events which this client declared in her application for H&c. So, as per your experience if PRRA and h&c both are getting processed at the same time, then the decision will be given by cbsa officer generally when both the application were done? or they deliver each separate? that is actually what i wanted to ask in the first place.
Her PRRA is an exclusion order to be clearer, mentioning failure to comply with the timely departure and not security threat, issued in July 2020 but dated Feb 2, 2018, a month before her H&C application was even applied.
then she applied for h&C in march 2018 saying she is not in any removal order in her application.
Also, like to clarify as you are an experienced member, do one officer look at both files?

Hi, the 2 applications would usually see both the PRRA and H&C decisions delivered by the CBSA Officer together at one meeting. This is the CBSA's opportunity to discuss removal plans with the person if both are negative decisions and if one is positive, congratulations.

If there was no removal order when she applied for H&C and/or the Exclusion Order was issued but she wasn't aware of it doesn't much matter as the two applications would be discovered later and "married up" or brought together for a single Senior Immigration Officer to decide and for a single CBSA Officer to deliver.

I should add that I haven't occupied the immigration working world for a number of years, but I doubt that much has changed in this regard because of the efficiencies that are found with a single decision-maker and concluding H&Cs while the person is still in Canada, avoiding repetitive interviews or unnecessary enforcement expenditures. It's high drama for the person but they don't leave Canada with an H&C application left undecided.

There will be exceptions due to mistakes, impracticable circumstances or some focus or another like a serious inadmissibility but they're simply exceptions to the programs' delivery design.

I hope this helps

 

[douglascage]

Thank you for the prompt reply, you certainly got some valuable experience in immigration.

 

[douglascage]

Hi, the 2 applications would usually see both the PRRA and H&C decisions delivered by the CBSA Officer together at one meeting. This is the CBSA's opportunity to discuss removal plans with the person if both are negative decisions and if one is positive, congratulations.

If there was no removal order when she applied for H&C and/or the Exclusion Order was issued but she wasn't aware of it doesn't much matter as the two applications would be discovered later and "married up" or brought together for a single Senior Immigration Officer to decide and for a single CBSA Officer to deliver.

I should add that I haven't occupied the immigration working world for a number of years, but I doubt that much has changed in this regard because of the efficiencies that are found with a single decision-maker and concluding H&Cs while the person is still in Canada, avoiding repetitive interviews or unnecessary enforcement expenditures. It's high drama for the person but they don't leave Canada with an H&C application left undecided.

There will be exceptions due to mistakes, impracticable circumstances or some focus or another like a serious inadmissibility but they're simply exceptions to the programs' delivery design.

I hope this helps

May i ask your point of view on this matter? A female 2013 enter to Canada as a foreign worker, laid off 2014, and since then no work till work permit expired for a non-skilled job. after that applied with negative results for tourists, students, and refugee. Finally filed an H&C in 2018. claim shows common law, but the common law neither signs any documents to support the h&c nor applied for the family sponsorship even he is eligible to do so. later the file updated to a Canadian-born child and marriage in Canada, but no withdrawal of h&C and reapply under family sponsorship but the client trusts her H&C.

 

[Bornlucky]

May i ask your point of view on this matter? A female 2013 enter to Canada as a foreign worker, laid off 2014, and since then no work till work permit expired for a non-skilled job. after that applied with negative results for tourists, students, and refugee. Finally filed an H&C in 2018. claim shows common law, but the common law neither signs any documents to support the h&c nor applied for the family sponsorship even he is eligible to do so. later the file updated to a Canadian-born child and marriage in Canada, but no withdrawal of h&C and reapply under family sponsorship but the client trusts her H&C.

Hi - this is a really complex situation and even if I had everything in front of me I'd be loathe to speculate on what decision might be reached.

Generally speaking, she should try to get some advice from a family law clinic regarding her domestic situation, the absence of a sponsorship and any impending removal will see potential custody issues.

Here is the online manual link https://overseastudent.ca/migratetocanada/IMMGuide/CICManual/ip/ip05-eng.pdf

A well laid out H&C should refer to the elements of this manual and how her application corresponds positively with Canada's policies.

The application is "alive" until it's decided so the application should always be updated with any information that's important for the decision-maker to have in front of them as they weigh the material provided.

The decision is discretionary and the Officer has nearly complete autonomy when coming to a conclusion, so it's important to be organized and point to the policies in play within the person's situation.

Earlier actions that could be viewed as a negative should be addressed, explaining perhaps the refugee claim or any other things that happened that might effect credibility. I don't know anything about the claim or her country or origin so this is a general statement regarding how encompassing the H&C considerations can be.

Having children, whether born in Canada or not, isn't decisive in itself and the younger the children then the less likely it is to be compelling that they remain in a country where they can't be more substantially integrated because they're infants or toddlers.

It is unusual that there is a marriage and no sponsorship so that's something that needs explaining.

Some people on here enjoy predicting outcomes but from what I've seen they're over their heads. Nothing replaces a competent lawyer dedicated to Immigration work and experienced in building H&C applications, but they're expensive. Free legal clinics exists in major cities and they're well worth the visit.

I wish her good luck.

 

[douglascage]

Hi - this is a really complex situation and even if I had everything in front of me I'd be loathe to speculate on what decision might be reached.

Generally speaking, she should try to get some advice from a family law clinic regarding her domestic situation, the absence of a sponsorship and any impending removal will see potential custody issues.

Here is the online manual link https://overseastudent.ca/migratetocanada/IMMGuide/CICManual/ip/ip05-eng.pdf

A well laid out H&C should refer to the elements of this manual and how her application corresponds positively with Canada's policies.

The application is "alive" until it's decided so the application should always be updated with any information that's important for the decision-maker to have in front of them as they weigh the material provided.

The decision is discretionary and the Officer has nearly complete autonomy when coming to a conclusion, so it's important to be organized and point to the policies in play within the person's situation.

Earlier actions that could be viewed as a negative should be addressed, explaining perhaps the refugee claim or any other things that happened that might effect credibility. I don't know anything about the claim or her country or origin so this is a general statement regarding how encompassing the H&C considerations can be.

Having children, whether born in Canada or not, isn't decisive in itself and the younger the children then the less likely it is to be compelling that they remain in a country where they can't be more substantially integrated because they're infants or toddlers.

It is unusual that there is a marriage and no sponsorship so that's something that needs explaining.

Some people on here enjoy predicting outcomes but from what I've seen they're over their heads. Nothing replaces a competent lawyer dedicated to Immigration work and experienced in building H&C applications, but they're expensive. Free legal clinics exists in major cities and they're well worth the visit.

I wish her good luck.

Hi,

Thanks for the reply, i will surely update what the officer decided, as soon as i hear it.

 

[douglascage]

Hi,

Thanks for the reply, i will surely update what the officer decided, as soon as i hear it.

Hi,
Got an update for the same client, yesterday they sent her an invitation to meet cbsa for her PRRA and also asked in the same letter for 4 passport size pic of her and any dependent. however, there is no words regarding the H&C in the papers.
Any idea of what to expect?

 

[Bornlucky]

Hi,
Got an update for the same client, yesterday they sent her an invitation to meet cbsa for her PRRA and also asked in the same letter for 4 passport size pic of her and any dependent. however, there is no words regarding the H&C in the papers.
Any idea of what to expect?

Hi,

H&C isn't a part of the CBSA mandate so it's no surprise that they wouldn't mention it. The process to receive the decision(s) is designed to not reveal the outcome of the PRRA so that people don't rush underground.

In order to find out the decision the person needs to attend the meeting, but there's little need to worry about being arrested due to a negative result with both applications if the person is cooperating.

There are 3 grounds for arrest - identity, danger to the public and unlikely to appear for a process or removal.

To learn the decision the applicant has to attend and is likely to get to exit the building afterwards no matter the decision.

 

[douglascage]

Hi,

H&C isn't a part of the CBSA mandate so it's no surprise that they wouldn't mention it. The process to receive the decision(s) is designed to not reveal the outcome of the PRRA so that people don't rush underground.

In order to find out the decision the person needs to attend the meeting, but there's little need to worry about being arrested due to a negative result with both applications if the person is cooperating.

There are 3 grounds for arrest - identity, danger to the public and unlikely to appear for a process or removal.

To learn the decision the applicant has to attend and is likely to get to exit the building afterwards no matter the decision.

Hi Sir,
You were exactly right about the process. She been to cbsa and they read to her both decision h&c and PRRA. Unfortunately, both negative but they still said that in two to three weeks they will send her another letter to the mentioned address where she resides for another meeting. In the meeting they are going to discuss about her departure from Canada and after the letter she will have 2-3 weeks to leave Canada or else will be reported to authorities if not reported/ departs from Canada.
In conclusion, if one stay in Canada for a long time without status and even have a Canadian child that doesn't mean that h&c will be approved.
hope it helps someone.

 

[Bornlucky]

Hi Sir,
You were exactly right about the process. She been to cbsa and they read to her both decision h&c and PRRA. Unfortunately, both negative but they still said that in two to three weeks they will send her another letter to the mentioned address where she resides for another meeting. In the meeting they are going to discuss about her departure from Canada and after the letter she will have 2-3 weeks to leave Canada or else will be reported to authorities if not reported/ departs from Canada.
In conclusion, if one stay in Canada for a long time without status and even have a Canadian child that doesn't mean that h&c will be approved.
hope it helps someone.

Hi - I'm sorry to hear about this massive disappointment that she's experienced. It's a hard pill to swallow when she'll know others who had successful applications.

As you're her friend I would encourage you to communicate some of the realities of the immigration process like the fact that these officers only look at desperate applicants all hoping for the same thing. The result is that they see some pretty awful situations and her application didn't rise to that level. They don't think that she'll return home and be imprisoned and tortured - that's a good thing!

Whatever she's learned here could help her when she is home again. I don't know where she's from or the support that exists there, but she's more sophisticated now than she was when she arrived in Canada.

It's not a positive experience when people talk about "failed" applications but these aren't failed people. The applications didn't match the legislation and policies according to one decision-maker assessing circumstances, not the applicant herself.

In very real terms not having a successful PRRA or H&C means that her situation may not be so dire. She's probably gained from being in Canada, going through these complex processes and her self-worth ought to be enhanced and not diminished as much as she justifiably feels that it is currently.

I've often thought that were I in a similar circumstance that I'd apply to every large hotel chain in my country using my experience abroad and acquired language skills with hopes of greater opportunities to come. It's a time to rebuild and not lament this setback. It takes time for the fog to clear, but tomorrow can be brighter.