Applying PR Card renewal for dependents not meeting RO

[MapleSunshine]

Here is my situation for which I would appreciate some inputs. Came into Canada in early this year with an expired PR card via land border. Managed to not get reported during secondary inspection although I did not meet the 2 year RO due to strong H&C reason. Upon entry to Canada, I applied for PR card renewal urgently as my work required frequent travel to US- no choice as my job was dependent on this travel portion. I had a strong H&C for my absence and hence got approved for a 1 year PR card without any interview or questions (collected my card physically from Etobicoke). Now the situation is that my spouse and minor child (with expired PR cards) joined me via land border in Sep 2025 and they got 44(1) Inadmissibility report written against them despite providing evidence that I am firmly established in Canada with job, residential ties and auto. They were let inside Canada with a 44(1) report copy. Kid got into school here without any issue. It has been more than 2 months and no call has come from the MD/ CBSA regarding the family's 44(1). In this scenario, would it be a good idea to go ahead and apply for their PR card renewal as the H&C reason for me as a primary applicant would apply for them as well? Since I got a 1 year card approved, would their chance be the same? I understand that if you manage to get in through land border without getting reported, it is wise to sit quiet for 2 years and then apply for the PR card once you meet RO. How about in a scenario where you have a 44(1) inadmissibility report on you? Appreciate some insights on this. Thank you.

 

[dpenabill]

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Here is my situation for which I would appreciate some inputs. Came into Canada in early this year with an expired PR card via land border. Managed to not get reported during secondary inspection although I did not meet the 2 year RO due to strong H&C reason. Upon entry to Canada, I applied for PR card renewal urgently as my work required frequent travel to US- no choice as my job was dependent on this travel portion. I had a strong H&C for my absence and hence got approved for a 1 year PR card without any interview or questions (collected my card physically from Etobicoke). Now the situation is that my spouse and minor child (with expired PR cards) joined me via land border in Sep 2025 and they got 44(1) Inadmissibility report written against them despite providing evidence that I am firmly established in Canada with job, residential ties and auto. They were let inside Canada with a 44(1) report copy. Kid got into school here without any issue. It has been more than 2 months and no call has come from the MD/ CBSA regarding the family's 44(1). In this scenario, would it be a good idea to go ahead and apply for their PR card renewal as the H&C reason for me as a primary applicant would apply for them as well? Since I got a 1 year card approved, would their chance be the same? I understand that if you manage to get in through land border without getting reported, it is wise to sit quiet for 2 years and then apply for the PR card once you meet RO. How about in a scenario where you have a 44(1) inadmissibility report on you? Appreciate some insights on this. Thank you.

Caution Re Your Situation:

If there had been a favourable decision allowing H&C relief for the breach of RO you would have been issued a status card valid for five years. So the fact that you have been issued a status card valid for just one year means it is very likely that YOUR status is NOT safe, not yet.

Best case scenario is that your claim for H&C relief in the card application is in process and IRCC proceeds to make a favourable decision and issue the five year card. If this is the situation, all you can do is wait and if IRCC does not make a favourable decision based on the information submitted with the application, be prepared for a hearing (more like an interview but technically a hearing) and, potentially, to submit information and supporting documents to further make your H&C case.

Be aware, unless and until there is a favourable H&C decision, the more days you spend outside Canada in the meantime, the higher the risk of a negative outcome.

So, your situation appears to be one of the following:

-- claim for H&C relief is still in process (best case, discussed above), or​

-- you have an inadmissibility proceeding pending, or​

-- a decision terminating your PR status has already been made and you have been issued the one-year card pending your right of appeal (highly likely you would be aware of this if this is the situation)​

It may be that that going forward the days you are spending in Canada now do NOT count toward meeting the RO, and will not count until there is a definitive decision regarding your H&C case in your favour (again, a positive H&C decision means you will be issued a card valid for five years, and if that happens your days here now will count toward meeting the RO going forward).

How much time you will be spending outside Canada going forward, until there is a definitive decision, could have a big impact on the final outcome. Again, the more you are outside Canada, no advanced studies in brain surgery necessary, the bigger the risk of a negative outcome.

You need to figure out where YOUR case is at procedurally and deal with that. For emphasis, to be clear, the one-year card does NOT mean your status is safe; on the contrary, it means your status is likely still at risk, and potentially at high risk.

You may need a lawyer's help. Leading to . . .

Re Spouse and Children:

Since a 44(1) Report has been prepared but the hearing on it delayed for some reason (typically because a second, independent officer was not available to review the Report at the PoE), making a PR card application and making the H&C case in it will not increase the risk of losing PR status. Indeed, if this has been done, the application made, that may be sufficient to persuade the Minister's Delegate, when there is finally a hearing (more like an interview, could be done by telephone) to set the Report aside, or at least set it aside pending the outcome of the PR card applications.

It is true that if not subject to a Report during entry into Canada, a PR in breach of the RO can stay and if they stay long enough to get into RO compliance (stay long enough to have been IN Canada more than 730 days within the last five years), their PR status is safe. Then they are able to apply for and get a new PR card without risk despite previously being in breach of the RO.

But since a Report has already been prepared, their days in Canada going forward will NOT count toward meeting the RO unless the Report is set aside.

So they already have inadmissibility proceedings pending. That means there is no risk that applying for a PR card now, and making the H&C case, will trigger inadmissibility proceedings (since, again, inadmissibility proceedings are already in process).

Even if they make the card applications, they need to follow through with the Report hearing process. So it is important that CBSA have good contact information.

 

[MapleSunshine]

.




Caution Re Your Situation:

If there had been a favourable decision allowing H&C relief for the breach of RO you would have been issued a status card valid for five years. So the fact that you have been issued a status card valid for just one year means it is very likely that YOUR status is NOT safe, not yet.

Best case scenario is that your claim for H&C relief in the card application is in process and IRCC proceeds to make a favourable decision and issue the five year card. If this is the situation, all you can do is wait and if IRCC does not make a favourable decision based on the information submitted with the application, be prepared for a hearing (more like an interview but technically a hearing) and, potentially, to submit information and supporting documents to further make your H&C case.

Be aware, unless and until there is a favourable H&C decision, the more days you spend outside Canada in the meantime, the higher the risk of a negative outcome.

So, your situation appears to be one of the following:

-- claim for H&C relief is still in process (best case, discussed above), or​

-- you have an inadmissibility proceeding pending, or​

-- a decision terminating your PR status has already been made and you have been issued the one-year card pending your right of appeal (highly likely you would be aware of this if this is the situation)​

It may be that that going forward the days you are spending in Canada now do NOT count toward meeting the RO, and will not count until there is a definitive decision regarding your H&C case in your favour (again, a positive H&C decision means you will be issued a card valid for five years, and if that happens your days here now will count toward meeting the RO going forward).

How much time you will be spending outside Canada going forward, until there is a definitive decision, could have a big impact on the final outcome. Again, the more you are outside Canada, no advanced studies in brain surgery necessary, the bigger the risk of a negative outcome.

You need to figure out where YOUR case is at procedurally and deal with that. For emphasis, to be clear, the one-year card does NOT mean your status is safe; on the contrary, it means your status is likely still at risk, and potentially at high risk.

You may need a lawyer's help. Leading to . . .

Re Spouse and Children:

Since a 44(1) Report has been prepared but the hearing on it delayed for some reason (typically because a second, independent officer was not available to review the Report at the PoE), making a PR card application and making the H&C case in it will not increase the risk of losing PR status. Indeed, if this has been done, the application made, that may be sufficient to persuade the Minister's Delegate, when there is finally a hearing (more like an interview, could be done by telephone) to set the Report aside, or at least set it aside pending the outcome of the PR card applications.

It is true that if not subject to a Report during entry into Canada, a PR in breach of the RO can stay and if they stay long enough to get into RO compliance (stay long enough to have been IN Canada more than 730 days within the last five years), their PR status is safe. Then they are able to apply for and get a new PR card without risk despite previously being in breach of the RO.

But since a Report has already been prepared, their days in Canada going forward will NOT count toward meeting the RO unless the Report is set aside.

So they already have inadmissibility proceedings pending. That means there is no risk that applying for a PR card now, and making the H&C case, will trigger inadmissibility proceedings (since, again, inadmissibility proceedings are already in process).

Even if they make the card applications, they need to follow through with the Report hearing process. So it is important that CBSA have good contact information.

Thanks so much for your valuable insights. This is highly informative. I am not intending to travel unless unavoidable circumstances emerge due to work. This again would likely be for 1-2 days to USA. I have been using this time to firmly establish ties in Canada and hoping that this would be seen positively by IRCC. Glad to know that there is no additional risk in case of a PR card application for my family. I am leaning towards proceeding with that application. One thing regarding the days not being counted towards RO following 44(1)- my wife specifically asked the CBSA officer preparing the 44(1) report whether the days will be counted moving forward and for that, he mentioned that it depends on the officer who would follow-up. Basically meaning it was not automatic but depends on the next officer handling the 44(1) follow up. Basically, need to wait and watch on this. Fingers-crossed.

 

[dpenabill]

One thing regarding the days not being counted towards RO following 44(1)- my wife specifically asked the CBSA officer preparing the 44(1) report whether the days will be counted moving forward and for that, he mentioned that it depends on the officer who would follow-up. Basically meaning it was not automatic but depends on the next officer handling the 44(1) follow up.

Some further clarifying observations:

The reference to "the officer who would follow-up" by the officer who prepared the 44(1) Report was, of course, a reference to the officer who would be acting in the role of a Minister's Delegate. That officer, the one acting as a MD, is the one who decides whether to issue a Removal Order or Departure Order (based on the Report), or to set aside the Report for H&C reasons (based on what the PR presents during a hearing/interview).

As long as the 44(1) Report has not been set aside, days in Canada do not count toward meeting the RO. They can be considered a positive factor in a subsequent H&C assessment, but the practical value of that is that being in Canada pending inadmissibility proceedings (or pending an appeal if things go that way) avoids the negative weight being outside Canada would have; that is, being in Canada does not carry much positive weight in itself, it mostly avoids further negative weight that would come from being outside Canada.

So the comments by the officer, that whether days in Canada would count "depends" on what the MD does, were almost certainly about whether the MD would find sufficient H&C reasons to allow your spouse to keep PR status, in which event the Report is set aside and days in Canada count. Otherwise, if the MD decides the Report is valid and there are not sufficient reasons for H&C relief, and thus issues a Departure/Removal Order, the days in Canada will not count toward meeting the RO (unless that decision is set aside by the IAD in an appeal).

That decision making, the review of the Report by the MD, is typically done there in the PoE before the PR is given permission to proceed into Canada, so in most cases the PR knows when they enter Canada whether they will need to appeal (they have been issued a Departure/Removal Order) or they have been allowed H&C relief (the Report set aside by the MD). But sometimes, as it appears is your spouse's situation, there is not another, independent officer available to review the Report at the time in the PoE, so that part of the process is delayed and the PR is allowed to enter Canada in the meantime. The follow-up Report review by an officer acting as a MD can happen soon, in weeks, or after many months. As a matter of law, the days in Canada in the meantime do not count toward RO compliance (unless the Report is set aside).

If the MD decides to issue a Departure/Removal Order, that needs to be appealed in 30 days, and getting help from a lawyer would be a very good idea.

 

[canuck78]

Would really encourage you to work with an immigration lawyer. This is actually quite a serious situation.