The latter later . . . First from back in early May:
Extensive detail is indeed good information. Much appreciated.
Your story, however, demands a
big red flag, a caution: just in procedural terms your situation is uncommon, probably unusual if not highly unusual (will explain below), so there are very few other PRs who, as you reference, are "
in similar situation." And, even for those who are, for the rather few other PRs who might be in a similar situation
procedurally, it is highly unlikely they are factually in a similar situation in terms of the merits of their H&C case.
The only general lesson learned is to lawyer-up when tangled in inadmissibility proceedings. That, however, is a lesson well known by all but fools. (Albeit not affordable for many.)
While others have offered useful observations, the following summed things up quite nicely:
Indeed, the main thing that your story illustrates, as SuperMarco phrased it, is that you were given a "
chance" to keep your PR status despite the breach of the RO.
That is, to put it in more concrete terms, what your story illustrates and which might, possibly, "
help whoever else might be in similar situation," is that
(1) H&C relief for a breach of the RO is available in some cases;
(2) assistance from a qualified lawyer (even if just detailed advice) can be very useful; and
(3) how it goes procedurally can vary considerably from case to case
Your story offers near ZERO insight into how, in particular, things are likely to go for other PRs even if they are in a similar situation (let alone just roughly in a similar situation).
To be clear . . . the detail described is both interesting and useful, so again appreciated, even though what appears to be your point (or as SuperMarco refers to it, "
the final point") probably misses the point and is off the mark. It is interesting and useful in that it helps to fill in the picture, helping the forum better understand some of the procedural nuances that can be involved. But it is not all that useful in any particular case, definitely not an illustration of what other PRs in breach of the RO can expect let alone rely on, no matter how similar their case is . . . except, again, one obvious and overriding aspect: yeah,
lawyering-up can make the difference. For those tangled in inadmissibility proceedings who can afford a lawyer, getting a lawyer involved as soon as possible can make the difference.
Meanwhile, the detail helps those of us whose participation here is to help others (in contrast to those looking for help), in that it illustrates some procedural nuances including uncommon procedures. These have been discussed and explained at length and in some depth here in numerous threads (see, for example, just one among many examples,
my procedural observations nearly a year ago here).
The Point . . . ????
This experience does not detract from the conventional wisdom about NOT making a PR card or sponsorship application while in breach of the RO.
It might appear that the OP's experience illustrates an example in which a PR card application relying on H&C relief has gone OK for a PR in RO breach. That appearance is deceptive. As the OP (
@Canadahelpme123) acknowledges:
The OP's case is actually way different, not at all similar to the somewhat common case in which a PR in breach of the RO has returned to Canada and is considering whether to proceed with a PR card or sponsorship application. I will get to that. But (for the record one might say), we should be clear about the conventional wisdom.
The conventional wisdom in this forum is unequivocal:
-- best to WAIT to make a PR card application ONLY when in compliance with the RO
-- best to WAIT to make a family class sponsorship application ONLY when in compliance with the RO
I concur in the conventional wisdom. And even though that comes with a caveat, that is recognizing that quite a few PRs in breach manage to proceed with a PR card or sponsorship application without any serious problems, without triggering inadmissibility proceedings even, to be clear I nonetheless very much emphatically concur in the conventional wisdom to WAIT. (Why, and factors relevant to perhaps why not, is itself a complicated subject which has been addressed in other threads; and, of course, there are situations in which waiting is not a practical option, situations in which a PR in RO breach is more or less compelled to take their chances.)
One problem, among many, is that given the number of known cases in which PRs did not wait and it went OK (and for many it not only went OK but was successful with relatively little delay), these cases have invited more than a few to say, probably many more to think, "
it worked for Jack or Jill, so it is OK."
NO, no with emphasis. "
It worked for Jack" (and Jill and Joe and more) ONLY means it is POSSIBLE it will be OK, that it MIGHT work. The safe approach is to NOT engage (if this is possible) in any transaction with IRCC or CBSA that will involve a RO assessment (such as a PR card application) or has a high risk of triggering a RO assessment (like a sponsorship application). Don't do it unless you have to do it. It might go OK, but the odds playing Russian Roulette are better (the odds playing Russian Roulette are actually quite good, five to one it goes OK, just not anywhere near good enough to make it a safe bet).
Most PRs in breach of the RO have no choice. Many will need a PR TD just to return to Canada, so there is no chance of avoiding a RO compliance assessment and, moreover, a PR TD application necessarily involves an overt status decision. So the PR TD application puts it on the line; if the H&C case falls short, the decision denying a PR TD is a decision that terminates PR status (subject to right of appeal . . . a complicated enough tangent in itself).
PRs in RO breach who can travel to Canada (whether that is by using a still valid PR card to fly here or traveling to a PoE on the U.S./Canada border) must make an application for permission to physically enter Canada; while they cannot be denied physical entry, the PoE examination can lead to inadmissibility proceedings, as it did for the OP (again,
@Canadahelpme123).
The latter is part of what makes the OP's case different from the vast majority of cases in which a PR in breach is considering making a PR card application, and for the OP the procedure which followed was especially outside the norm, way outside. I vaguely recall, but only vaguely, at most a couple other anecdotal reports of cases in which a PR has been offered a favourable decision in a pending inadmissibility proceeding conditioned on making a PR card application. At the most, the very most, this is clearly NOT at all common, and frankly I suspect it is actually so unusual that for practical purposes there simply are no other PRs in a
similar situation.
The conventional wisdom is about those situations in which, one way or another, a PR in breach of the RO is IN Canada, and considering whether to stay and wait long enough to get into RO compliance BEFORE making a PR card application.
Again, that is not the situation the OP was in. As usual I have taken the long way around to make a relatively simple point: this case, the OP's experience, does not change the conventional wisdom.
Beyond that . . . more to come . . .