Got reported 44(1)

[anuom]

Hello,
I got reported 44 (1) and was told that I would get a call from the superintendent.
I got my PR in Feb 2023, couldn't move to Canada because I had started a course before I got the PR card. I couldn't just leave it and move because I had spent money (most of my savings).
I finished the course and planned on moving on March 2026 but due to some personal issues I couldn't do it, and moved back this month, yesterday.
I have rented a place before with th intention of commuting from Windsor to Detroit and have done so a couple of times. But the days spent in Canada doesn't cover the obligations.
I genuinely want to be here and get the citizenship. I am single women, 37 years old and I am not very confident about getting this chance again, if I choose to reapply for the PR.

What are my options and chances of continue my stay!?

 

[armoured]

What are my options and chances of continue my stay!?

No-one can realistically give you an estimate, apart from vague 'not too bad' or other language - precision is not possible. (Personally my choice of words would be 'decent' chances, but I won't try to quantify, apart from saying that you are not very far out of compliance with the residency obligation). Your chances are better than zero, and less than 100%.

But the real decision point is this: you say you are concerned you may not have chances via applying again, and given age and current state of programs, it's a VERY valid concern.

Therefore, stay and try to ride it out.

Now things you can do:
-Prepare in case the supervisor (or really just another officer acting as 'Minister's Delegate'. or MD) calls and wants to ask more questions and/or invite you for an interview.

Things to prepare: you are vague above about your history (no need to go into all details in this forum), but arrange your thoughts and story to be brief and hit the main points. EG: had started course of study and needed to complete that for employment purposes; personal issues (summarize each and list) delayed you further, but you came as soon as you realistically could. (If any of these are unavoidable personal - death in family, health, whatever - have documentation ready just in case).

Otherwise: you're serious and you have moved and you are here to stay. Employment in Canada would be a positive. Having rented a place before you moved in Windsor is not a strong point on its own, but IS supporting evidence that things 'beyond your control' prevented and your seriousness (you wouldn't have rented an apartment if you hadn't intended to use it).

[Note: lots of opinions here on what type of reasons 'count'. My opinion: ignore that discussion mostly - you can't change the facts. The MD will (indeed 'must') listen to and consider your reasons in context - they just may or may not give some of your reasons much weight in the consideration.]

It would not hurt to write things down, mainly for your organization and memory, but also for use in event of appeal later. As with any interaction like this: try to be specific, but concise - they usually don't want a Russian novel, but the bullet point version. (Don't annoy them by going into a lot of detail they haven't asked for - but do provide any detail they ask for)

It's also possible it will take some time before you hear from them, and being 'settled' in Canada is a positive.

Final two thoughts:
1) I don't have an opinion on seeing a lawyer or whether it's worth it at this stage.
2) If the person who does this does not agree with your reasons, you'll have a chance for an appeal, which will take some time, and you can work etc while that goes on (and the extra time in Canada won't formally be 'counted', can still strengthen your case to remain as settled). That is a stage at which a lawyer's assistance likely should be seriously considered.

I'm sure others will have more useful input though.

 

[canuck78]

The biggest issue is you are non-compliant while also planning on commuting to the US to work so not really committing to establishing a life in Canada. You will have frequent interaction with border officials and living in Canada while you I assume continue to work in the US doesn’t show a strong commitment to becoming Canadian. Are you working for the same employer you were previously working for in the US?

 

[armoured]

What are my options and chances of continue my stay!?

I draw attention to the points @canuck78 raised - I'm not sure that having a 44(1) outstanding is compatible with travel outside Canada (may be less of an issue if rare and returning via USA), let alone travelling back and forth frequently. There are lots of issues that potentially come up, esp if the periods of time outside Canada are substantial/frequent.

 

[canuck78]

If you want the strongest chance of retaining PR you should find a job in Canada and remain in Canada without leaving until you find out if you can retain your PR. The fact that you applied for a course while also applying for PR was not a surprise commitment on your part and you would have known that attending your course may make being compliant with your RO impossible or at least very difficult. Typically when trying to retain your PR when reported H&C reasons that prevented someone from being compliant are unforeseen situations. You should be consulting a lawyer.

 

[Copingwithlife]

Hello,
I got reported 44 (1) and was told that I would get a call from the superintendent.
I got my PR in Feb 2023, couldn't move to Canada because I had started a course before I got the PR card. I couldn't just leave it and move because I had spent money (most of my savings).
I finished the course and planned on moving on March 2026 but due to some personal issues I couldn't do it, and moved back this month, yesterday.
I have rented a place before with th intention of commuting from Windsor to Detroit and have done so a couple of times. But the days spent in Canada doesn't cover the obligations.
I genuinely want to be here and get the citizenship. I am single women, 37 years old and I am not very confident about getting this chance again, if I choose to reapply for the PR.

What are my options and chances of continue my stay!?

I genuinely want to be here and get the citizenship”

From what you’ve said , it was an afterthought, not a priority. Come on. You won’t even have a job in Canada .
In a nutshell , you didn’t make PR a priority


And you knew

A

Thread 'Need advice: Expired F1 - AVR'

Jan 22, 2023

Hello,
Sorry if this is a repeated question and I do not have H1b, I just wanted to know if any one had any recent experience.
I am on a day 1 CPT program, course - MS in project management (my previous course was, MS in CS). My visa expired on July 2022 and my i-20 is valid. I am not very sure about my i-94.
My CoPR expires on March 2nd, 2023. I still have to wrap up a few things here and want to finish my course here.
I would like to get my PR validated before it expires and return to the US using AVR.
I wanted to know if anyone had done this recently and could share their experience or...

• anuom
• Replies: 21
• Forum: H-1B Holders in the U.S.

 

[armoured]

The fact that you applied for a course while also applying for PR was not a surprise commitment on your part and you would have known that attending your course may make being compliant with your RO impossible or at least very difficult.

@anuom - this is the type of opinion I mentioned that you hear discussed on the board.

And that I suggested you largely ignore.*

It may or may not be true - I honestly don't know, although I question whether anyone could actually know what an officer (the MD in this instance) is going to think is a good argument or not.

But at this point it doesn't matter much - it's the truth, the officer must consider it in combination with other factors, and it (and/or your other reasons) MIGHT be considered sufficiently weighty in context of your (relatively minor in terms of number of days) non-compliance with the residency obligation.

*not meant as an insult or clap-back, @canuck78 . You clearly think it's worth raising/emphasizing which reasons are 'good' or not. I mostly don't, because we actually don't know how the officers weigh these matters, nor how it might be weighed on appeal.

Also not particularly useful to opine on how genuinely or not someone wants to move here, but people also opine on that.

 

[canuck78]

@anuom - this is the type of opinion I mentioned that you hear discussed on the board.

And that I suggested you largely ignore.*

It may or may not be true - I honestly don't know, although I question whether anyone could actually know what an officer (the MD in this instance) is going to think is a good argument or not. Their declared plan was to move to

But at this point it doesn't matter much - it's the truth, the officer must consider it in combination with other factors, and it (and/or your other reasons) MIGHT be considered sufficiently weighty in context of your (relatively minor in terms of number of days) non-compliance with the residency obligation.

*not meant as an insult or clap-back, @canuck78 . You clearly think it's worth raising/emphasizing which reasons are 'good' or not. I mostly don't, because we actually don't know how the officers weigh these matters, nor how it might be weighed on appeal.

Also not particularly useful to opine on how genuinely or not someone wants to move here, but people also opine on that.

Based on OPs declared timeline they seem to have applied for their course after or at the same time as applying for PR. They also declared they had planned to move to Canada not meeting their RO but were actually delayed further for personal reasons. Of course not up to me to determine whether there were genuine H&C considerations but OP declared they never planned on meeting their RO and applying for a masters program takes time and planning so wasn’t a surprise. OP could have applied for a similar program in Canada after securing PR or while waiting for PR to be processed so they could start studying after landing. The residency obligation is extremely generous to begin with so people should make a genuine attempt to be compliant. Canada was extremely generous when it came to not reporting people for not being compliant with their RO as well as many other things like not deporting people so people have come to expect no action. Appears as though Canada may actually be enforcing some of their policies although decades late in some instances making it much harder.

 

[scylla]

Find a job in Canada as soon as possible and stop commuting.

 

[dpenabill]

Hello,
I got reported 44 (1) and was told that I would get a call from the superintendent.
I got my PR in Feb 2023, couldn't move to Canada because I had started a course before I got the PR card. I couldn't just leave it and move because I had spent money (most of my savings).
I finished the course and planned on moving on March 2026 but due to some personal issues I couldn't do it, and moved back this month, yesterday.
I have rented a place before with th intention of commuting from Windsor to Detroit and have done so a couple of times. But the days spent in Canada doesn't cover the obligations.
I genuinely want to be here and get the citizenship. I am single women, 37 years old and I am not very confident about getting this chance again, if I choose to reapply for the PR.

What are my options and chances of continue my stay!?

While I largely concur in many of the observations in @armoured's first response, the main one is to "stay and ride it out" . . . that is, IF settling, working, and living in Canada permanently is indeed your priority.

This is echoed by @canuck78 . . .

If you want the strongest chance of retaining PR you should find a job in Canada and remain in Canada without leaving until you find out if you can retain your PR.

and by @scylla . . . and is something I also agree with, emphatically so, and several others have "liked."

Of course that begs the question: what are your chances? Are the odds of saving your PR status good enough to make that investment, that commitment? Is the time and effort to keep PR status worth it?

That's a judgment call for YOU to make.

If you decide it is worth the effort to stay and pursue saving your PR status:

Other than what the facts are as of now, and how they influence what happens, staying is probably the most important factor, by a lot, in how this will turn out. In terms of what you should and can do, beyond the main thing (again that is staying) again I largely concur in the first response by @armoured, even though I might phrase things a little differently. (Generally I'd suggest that getting paid-for help from a lawyer sooner is a good idea, for a PR who can afford to pay for such services; but regarding this situation I concur in @armoured's ambivalence. See further note about this below.)

Is Saving PR Status Worth Staying and . . .

Again, that's a judgment call for YOU to make. That depends a lot on YOUR personal objectives, your goals, your intent.

I genuinely want to be here and get the citizenship.

I do not mean to parse your words or in any way pass judgment, even if your overall objective is more about obtaining Canadian citizenship than it is about permanently establishing a life living in Canada. (Appears more than a few pursue PR and citizenship primarily for the status, "passport shopping" some describe it, rather than to permanently establish a life in Canada.) Technically, given the way the law and process works, at this stage now that you are a Canadian with PR status, it does not matter if your goal, your intent, is to acquire Canadian citizenship as a means or stepping stone for pursuing opportunities other than living permanently in Canada. But the difference could have some influence given that H&C relief, which is what you need to keep PR status, is to a large extent about what the PR deserves. So of course the total stranger bureaucrats who will decide whether you deserve to keep PR status could be influenced by what they perceive to be your intent, your goals.

Other responses here reflect this, particularly those suggesting that commuting to a job outside Canada while your PR status is subject to inadmissibility proceedings is likely to be counterproductive.

That said, you can leave and return while inadmissibility proceedings are pending. In particular, unless there is a Removal or Departure Order that becomes enforceable (which does not happen until the right of appeal is expired, at which point you would be a Foreign National, not a PR), you can leave and return to Canada, your PR status and PR card remain valid . . . but no experience in brain surgery is needed to recognize the negative influence doing that could have on the thinking of total stranger bureaucrats who will decide whether you deserve to keep PR status. (Disagreeing some with the later comments by @armoured about discerning what an officer might think or what might influence an officer's thinking, noting after all one of the main advantages a lawyer provides is better insight into an officer's thinking process based on experience combined with knowledge of what really matters, recognizing however that such insight is not limited to lawyers; they tend to know better what matters and be better at discerning what influences officers and other decision-makers . . . but more than a few active participants here make a concerted effort to be as well-informed as non-professionals can be.)

Leading to what might seem like a digressive, perhaps not even relevant tangent about intent . . .

I will try to get to that in a separate post.

Re whether to lawyer-up or not; when to lawyer-up:

As noted above, for now, I concur in @armoured's ambivalence about whether to lawyer-up pending further proceedings. If the cost is no problem, get a lawyer's input (free consultations are not worth much and can be misguiding in some situations). Otherwise, mostly, again, @armoured's first response covered how to prepare for further proceedings.

But if you are issued a Removal or Departure Order, you have just 30 days to make an appeal, and that's when it would be time to lawyer-up. You do not need a lawyer to start the appeal, and you can proceed without a lawyer if you cannot afford one, but in making your case to the IAD (which will hear and decide an appeal) a lawyer's assistance can make a big difference. Note, even though a lawyer cannot change the facts, a lawyer will generally be a far better guide in what to say, what to emphasize, and very importantly, what not to say; most of us can argue, but lawyers are specially trained and experienced to argue persuasively, a big part of which is knowing what matters, what doesn't matter, what's a distraction, and what could be detrimental.