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I recently did landing in Canada along with my family. Immigration office has issued IRPA28 saying that you do not meet residency obligation and you will need to give additional interview. Officer mentioned that I should be receiving this info via email or mail. I have not received anything yet.
I am basically short of 115 days out of 730.
What should be the next step after this?
What things I should do or collect to make sure I clear my next interview.
If you received any paperwork from the Port-of-Entry officials, be sure to read it carefully.
Current Stage of Proceedings and Next Step
Assuming you were not given paperwork constituting a Removal Order or a Departure Order . . .
and assuming you do not have some other application or procedure in process with IRCC triggering RO enforcement proceedings (such as a sponsorship application) . . .
then . . .
A 44(1) Report for inadmissibility has been prepared.
Next step is an interview with an officer acting in the capacity of a Minister's Delegate. That interview will be about how many days credit you have toward meeting the Residency Obligation, and since you are not in compliance with the RO, it will proceed to be about whether there are sufficient H&C reasons to allow you to keep PR status. The MD will review the Report and based on the information in the Report, information of record for you (your GCMS, and CBSA travel history, maybe other data sources), and input from you during the interview, the MD will decide:
-- whether to issue a Removal Order, or
-- allow you keep PR status (for H&C reasons)
***Procedural note: Even though (for proceedings initiated by CBSA) the MD interview is typically done during a Port-of-Entry examination, it is common for it to be delayed (often due to not having an officer presently available to act in the role of a MD, among various reasons). I referenced this contingency when I addressed the various ways things would go when you arrive at the PoE, in my post above (bold added to highlight this particular contingency):
The actual status of things at that stage will be very different depending on whether:
-- you have been waived through the border, or
-- subject to inadmissibility proceedings resulting in
-- -- a positive H&C decision on the Report, which would allow you to then enter Canada with no worry about losing PR status, or
-- -- a negative decision on the Report resulting is being issued a Removal/Departure order (but still allowed to proceed into Canada), which can be appealed, or
-- -- the interview/hearing on the Report is postponed, so you enter Canada in the meantime subject to what happens when there is a hearing/interview and review of the Report, typically but not always within days or weeks
(I also referenced this contingency in passing in the first paragraph of that post, stating "
. . . if there is a 44(1) Report prepared but for some reason the interview/hearing is postponed, best to get a lawyer right away, if you can afford it . . . ")
Clearly the latter is where you are now at. No mystery. Given the officer's reference to "
issued IRPA28 saying that you do not meet residency obligation and you will need to give additional interview" there is no significant uncertainty as to where this is now at (even though how things can go varies, and how they do go fairly often does vary, including outright deviations from standard practice and other anomalies like lost files, remote odds stuff).
That is, the officer was (almost certainly) referring to the preparation of a 44(1) Report for inadmissibility due to a breach of the RO. Next step, attendant the MD's interview, is the MD's review of the Report and assessment of H&C considerations.
Again, following the interview the MD will decide:
-- whether to issue a Removal Order, or
-- allow you keep PR status (for H&C reasons)
So, the main thing is to be prepared to present whatever H&C case you have. In particular . . .
Preparation For Interview; Presenting H&C Information:
It is important to be sure you have provided valid contact information so immigration officials can follow through in conducting the interview. You want immigration officials to understand your intent is to be cooperative and to follow the rules as best you can.
Given your RO breach, the main thing, what will determine the outcome, is whether you should be allowed to keep PR status based on H&C reasons. As I have posted dozens of times in this forum:
The key factors are (1) how much in breach of the RO the PR is, and (2) the strength of the PR's H&C case.
(there is more to the discussion in that thread which you might find helpful)
There are many discussions in this forum about presenting H&C information in regards to seeking relief for a breach of the RO (which is very different from H&C in most other immigration matters, even though other than the extent of the breach factor, most of the key factors, like best interests of minor children, are technically the same).
I glossed over this in my previous responses to your situation:
If you do not have access to guidance/advice about this from a qualified Canadian immigration lawyer, to give you some instructions about how to approach this, then probably the best approach would be to come as soon as you can and be prepared to tell YOUR genuine story to border officials if they probe your RO compliance. I am guessing, for example, that you had a plan to settle in Canada in time to avoid breaching the RO, and then this or that happened, and there was one thing and then another, perhaps the difficulty securing adequate employment in Canada stalled things, among other real-life hurdles that delayed getting here to settle, but you got the Canadian job, now, and you are ready and eager to settle here now, permanently. If that is your story, tell it. Whatever is YOUR story, tell your version (contrary to what many seem to believe, generally the true story is the best story).
A lawyer's guidance could indeed help you better prepare for the interview. There may not be time to get a lawyer's help before you are contacted for that.
It is really, really important to be honest and straight-forward. At this stage you are relying on being granted discretionary relief. If you cannot get help from a lawyer before the interview, prepare to
honestly tell YOUR STORY, why you wanted and intended to get here sooner, why things did not work out that way, what actually delayed getting here. If the MD's decision does not go your way, and you need to appeal, you can add more to your case in the appeal (best to have a lawyer do this) but you cannot take back what you have presented in the interview.
Beyond that . . .
As noted, the MD will decide:
-- whether to issue a Removal Order, or
-- allow you keep PR status (for H&C reasons)
If the MD decides the latter, in favour of H&C relief allowing you keep PR status, the 44(1) Report will be set aside. You will be good to stay. Your PR status will not be at risk of a RO breach (assuming you stay). That's a more or less
all clear.
If the immigration officer (acting in MD role) issues a Removal/Departure Order, that is a decision to terminate your PR status. BUT you have the right of an appeal and if you appeal you continue to have PR status pending the outcome of the appeal. The appeal is basically a rehearing, a chance to persuade the IAD you should be allowed to keep PR based on the H&C reasons you present . . . best to lawyer-up for this, the sooner the better.
