I submitted an H&C application 2 years ago but now CBSA asked me to buy plane tickets and leave Canada. My children are in school. What can I do?
You submit a Request for Deferral or have a lawyer submit a Stay Motion at Federal Court. It is important that in both of these applications, you provide strong supporting documents and reasons to strengthen your request.
Given that you have school-aged children, the Enforcement Officer or the Federal Court Judge will consider the best interests of the children, however, it is up to you as the applicant to make a strong case so that your request is granted.
You should contact an immigration lawyer as soon as possible to discuss your options. The immigration lawyer will review the PRRA refusal and determine whether this decision was reasonable or unreasonable based on the documentation that you submitted. If the decision is unreasonable, then you might want to consider submitting a Judicial Review of the PRRA refusal at the Federal Court.
Within the Request for Deferral, your lawyer will be able to indicate that you have a pending Judicial Review at the Federal Court and the Enforcement Officer will determine whether to allow you to remain in Canada temporarily until your litigation matter at the Federal Court is resolved. Also, given that your H&C application has been in process for some time, you can request within the Request for Deferral that you be allowed to stay in Canada until a decision is made on your Permanent Residence Application on Humanitarian and Compassionate grounds.
If the Request for Deferral is refused, your lawyer can submit Stay Motion at the Federal Court, usually the Monday before your removal date. Your lawyer will argue your case and demonstrate to the Federal Court Judge that the decision to refuse the Request for Deferral was unreasonable. The Stay Motion is your last option to remain in Canada. If your Stay is granted, you will be allowed to remain in Canada temporarily until your legal matters are resolved (Judicial Review of PRRA, Judicial Review of H&C, etc) as well as other impediments to removal (children in school, medical condition, inability to travel, etc).
