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

[armoured]

Thanks very much

I also wmat to ask
I come to know from various forums that there so some differences of port of entry also like which airport is more easy or where extensive checking is not done
Some say prefer yyz

Some points are there like this
If any info plz share

There are persistent discussions of which airport vs another. My opinion, there's no reliable, verifiable, basis to know, nor even minimally consistent anecdotes that would lead one to make a decision on that basis. Same as far as I can tell for choosing between different land ports of entry. So personally I think it's not worth trying to game it by choosing which airport - probably won't make a difference.

There can be/are relevant differences _depending upon exactly what the situation is_ for those deciding between land entry vs air - most prominently, those without a valid PR card can't board a plane so will have to come by land (although of course they don't have much 'choice' in the matter in that case). Hence not going to try to go into detail, gets complicated.

Suffice to say: if flying, I don't think anyone can say which airport. If you read something online that suggests it does make a difference - well, I'd be skeptical, but believe what you want to believe.

 

[Rahul61]

I concur and this observation is consistent with what many veteran forum participants are likely to comment, and have commented in regards to many other queries here about the various ways things can go in the PoE screening of an arriving PR who is in RO breach. There is a plethora of discussions here about many of various ways things can go at the PoE and subsequently, many diving much deeper into various particular circumstances, wrestling with the many complex nuances which make it difficult, if not nearly impossible, to make any forecasts beyond ballpark generalities, including what should be the obvious: "The sooner you return to Canada, the better your chances are."

Among the many, many related discussions here, for example, in regards to the risk of inadmissibility proceedings at the PoE, I very recently commented:


The caveat is that for a PR in breach there can be and often are various circumstances which will flag a RO compliance issue . . . and as @canuck78 referenced, overall "Canada is tightening its immigration system," and this most likely applies to RO enforcement, so it is even tougher now to forecast how it is likely to go, let alone how it will go for any particular returning PR.

Basically the sooner the PR returns to Canada, the better their odds of being waived through. Being waived through is what can set up the best case scenario in which the PR can settle and stay, and then wait to apply for a PR card ONLY after they are in compliance with the RO.

There is a very real risk, nonetheless, of being questioned about RO compliance at the PoE, and then how things go gets a lot more complicated . . . and the risk of an adverse outcome increases. If there is a "fairly low" breach in conjunction with decent even if not great reasons for not getting here sooner, there should still be fair odds of being waived through, or if a Report is prepared, lower but still fair odds the reviewing officer sets the Report aside for H&C reasons (the latter is actually another best case scenario, as I described above, but once a Report is prepared that significantly reduces the odds the PR will avoid receiving a Removal Order at the PoE).

If this is about you, and you cannot afford or you are otherwise unable to obtain guidance from a Canadian immigration lawyer, regarding how to best prepare to save your PR status when you return to Canada, there is a lot of relevant information posted in this forum . . . with the caveat there's a lot of crap posted here as well. So keep your critical thinking cap on and use it.

For example, for perspective, there was a conversation here around a year ago about whether there has been an increase in inadmissibility proceedings during PoE screening. See https://www.canadavisa.com/canada-i...hreads/increase-in-44-1-at-the-border.864270/ In that topic I discuss, for one example among many, the decision in Agzaou v Canada, 2024 CanLII 135398, https://canlii.ca/t/k8z2s as an example of a soft landing PR who was issued a Removal Order upon arrival when Agzaou was only sixty days short of arriving in time to meet the RO within his first five years. His status was saved on appeal, but it illustrates the risks even for a PR just a little short and with rather good H&C reasons.

If you query is about yourself: Consult with a lawyer . . . or do the homework, read about making the H&C case upon arrival . . . or take your chances coming here as soon as you can, hoping to be waived through (as many who are still more than a year short of the fifth year anniversary of landing report they have been).

Thanks a lot


My case is
I am planing to come next feb starting week
But I am worried about thses things as I am currently short of roughly 3 to 4 months.

So just preparing if something I can do for safety.

My case I have some things medical issues as of my father surgery in first year and then my mother surgery in next year and then regular follow up and so I am also thinking I can carry thsoe medical proofs also in case if nay question I can show some things so they might consider if my luck .

So in my case if any things anyone come across can suggest

 

[armoured]

So just preparing if something I can do for safety.

My case I have some things medical issues as of my father surgery in first year and then my mother surgery in next year and then regular follow up and so I am also thinking I can carry thsoe medical proofs also in case if nay question I can show some things so they might consider if my luck .

-Carry copies with you on plane of at least some of these physical proofs, in somewhat organized form.
-Prepare yourself mentally - however works for you - to answer questions along lines of "what kept you from returning earlier." You want your answers to be relatively brief and to hit the 'top line' issues, without getting excessively into details.
-Try to prioritise these issues - things related directly to you more important, things that were out of your control more than 'choices' you made to stay (although you can mention them too).
-After giving your brief explanations, answer questions. Keep your answers factual and relatively brief. They can ask for more detail (and you can offer more detail). The officers do not have time for and do not want Russian novels.*

Most likely you will not be asked to show the documentation, but it is confidence-enhancing (for most) to know what they have, to have it with them, and to be able to offer/show the docs (which the officer will likely not read in detail but may glance at).



*I keep picking on Russian novels. Not fair. I like Russian novels. By a fireplace, in winter, when you're not in a hurry. In the right time and place.