Consequences of being reported on form 44 for not meeting non-residency obligation.

[taxpayer2000]

Hello

I'm a US passport holder with Canadian PR status who has not met the residency obligation. I'm planning to visit relatives in Canada and I understand that there is a risk of form 44 being filled out for me.

From what I am reading it will cause a deportation order? is that the case even as a US passport holder?

Will it be recorded as derogatory information that the US CBP will see as a deportation order?

Will it have negative effects on future visits to Canada?

 

[dpenabill]

.

Hello

I'm a US passport holder with Canadian PR status who has not met the residency obligation. I'm planning to visit relatives in Canada and I understand that there is a risk of form 44 being filled out for me.

From what I am reading it will cause a deportation order? is that the case even as a US passport holder?

Will it be recorded as derogatory information that the US CBP will see as a deportation order?

Will it have negative effects on future visits to Canada?

The labels (like "inadmissible") aside, the worst outcome (most negative consequence) is losing the status of being a Canadian and becoming, relative to Canada, a "Foreign National;" that is, no longer a Canadian PR. For many this can be a serious, severe outcome, potentially harsh or even devastating. But for someone who is not relying on settling and living in Canada, and who has a passport allowing travel to Canada visa-exempt, like a U.S. citizen, all it means is that for future travel to and time in Canada they are a visa-exempt traveler with the same status as any other traveler carrying the same passport.

The procedure getting there is a little complex, and there are options, which I have I discussed at length and in-depth in numerous topics here. Among the options is going through the process of renouncing your PR status at the Port-of-Entry rather than going through the process of losing PR status in inadmissibility proceedings (which in terms of outcomes is not complicated, but again I have described elsewhere the process in terms of the procedural details).

So a big factor is whether it is important for you to keep PR status. If not, whichever procedural path you go the final outcome is the same: you become a Foreign National who can travel to Canada the same as others who carry the same passport you do.

If instead you want to try to keep PR status, that's a more complex discussion.

 

[Besram]

Hello

I'm a US passport holder with Canadian PR status who has not met the residency obligation. I'm planning to visit relatives in Canada and I understand that there is a risk of form 44 being filled out for me.

From what I am reading it will cause a deportation order? is that the case even as a US passport holder?

Will it be recorded as derogatory information that the US CBP will see as a deportation order?

Will it have negative effects on future visits to Canada?

The ultimate consequence of being reported at the border is a removal order, of which a deportation order is only one type.

Typically, the removal order is issued in the form of a departure order, which asks you to leave the country within a specified amount of time (30 days). If you comply with it, there are no further negative consequences for future visits to Canada, but you will have to disclose this fact when asked. Note you must have your departure confirmed by CBSA.

The deportation order, on the other hand, is a lot more serious, and gets issued if you do not comply with the departure order. This permanently prevents you from coming to Canada unless you apply for an Authorisation to Return to Canada.

Since you are a US Citizen, I don't see how either of the above could have any negative effects on your status in the US.

Note: if you don't have any desire to live in Canada and you don't want to salvage your PR status, you have the option to renounce your PR status. This option is frequently/sometimes (?) provided to people who are being questioned for non-compliance at the border, and if chosen, you can then be admitted as a visitor instead. You can also do this voluntarily ahead of time.

Note if you are issued a removal order, you can appeal it. This means the removal order will not be enforced for the duration of the appeal.

 

[Rahul61]

Has anyone personally experienced, or knows a documented case, where a PR:

Entered Canada with a valid PR card

Was not reported at entry

Stayed continuously for more than 2 years

Met 730+ days in the rolling 5-year window at the time of PR card renewal

AND STILL had their PR card renewal refused solely due to earlier absence?

I am not asking about PRTD refusals, or cases where the person applied before meeting 730 days.

Thanks in advance

 

[armoured]

Has anyone personally experienced, or knows a documented case, where a PR:

Entered Canada with a valid PR card

Was not reported at entry

Stayed continuously for more than 2 years

Met 730+ days in the rolling 5-year window at the time of PR card renewal

AND STILL had their PR card renewal refused solely due to earlier absence?

I am not asking about PRTD refusals, or cases where the person applied before meeting 730 days.

Thanks in advance

I do not know of any. Basic answer is that it *should* not be possible, because residency obligation compliance is evaluated at the time of the PR renewal application. Previous 'breaches' are not punishable.

Emphasis in interpreting this on "refused solely to the the earlier absence." And assuming all facts are factual (eg day count is not disputed).

Only exception I could possibly think of would be a situation where somehow the 'report' was started and somehow continued without the PR being aware. Which, you know, should not happen. That would then get into legal issues such as appeal periods, fair notice, etc.

In other words: it's not impossible to have a case that might look like what you say, but where a report was somehow completed. The rest is factual disputes about what happened and obligations of the parties, etc. And it's likely (almost certain, really) that there are cases in the past that have met this description (at least in the opinion of one of the parties).

But on a basic 'what the procedures say and allow', no, the renewal can't be refused on that basis if the facts are as described.

 

[Rahul61]

Ok thanks
So it is safe if someone entered without being reported at entry time and then he shd stay straight for more then 2 years and apply for renewal only when he meet more then 2 year residency.

Then for sure no risk or still being risk ?

 

[victoreberhart1]

Ok thanks
So it is safe if someone entered without being reported at entry time and then he shd stay straight for more then 2 years and apply for renewal only when he meet more then 2 year residency.

Then for sure no risk or still being risk ?

Stay in MAGA land.. we have enough flip flops here

 

[Rahul61]

Stay in MAGA land.. we have enough flip flops here

This is not a political discussion.
I’m asking a genuine question about Canadian PR residency rules and real-world renewal outcomes.
If you have factual information or personal experience relevant to this, please share. Otherwise, let’s keep the thread on topic.

 

[steaky]

Ok thanks
So it is safe if someone entered without being reported at entry time and then he shd stay straight for more then 2 years and apply for renewal only when he meet more then 2 year residency.

Then for sure no risk or still being risk ?

I think risk remains if the person apply things such as sponsor their family for immigration before he meet more than 2 year residency.

 

[armoured]

Ok thanks
So it is safe if someone entered without being reported at entry time and then he shd stay straight for more then 2 years and apply for renewal only when he meet more then 2 year residency.

Then for sure no risk or still being risk ?

I am basically repeating: but no 'real' risk - as @steaky reports (and I neglected to mention) certain things like sponsoring spouse or child or other 'interactions' with IRCC directly (not just *any* interaction, but things which may require them, technically anyway, to confirm one's elgibility/admissibility in order to proceed - like sponsoring spouse) could trigger such an evaluation.

But note, normal day to day life (working etc) should not do so. It's not necessary to be afraid of eg interaction with other govt agencies.

 

[canuck78]

In general very tough to comment when Canada is tightening its immigration system. Still don’t think it is likely but things that were once possible may no longer be possible going forward so would be extra cautious and not base decisions on what people previously got away with.