Canadian PR Entry Concerns: Crossing Canada border with Family from Detroit USA without meeting Residency Obligation

[abff08f4813c]

Also, are there any potential downsides to collecting these notes that might raise concerns with IRCC about my situation?

No. It's a different officer from a different team who handles this. Since under the PA it's also free, there's absolutely no downside - the worst case is just that there's nothing helpful and you are at the same place you were before you ordered.

Do these notes help to get clarification in situations like mine?

Does these notes show whether an officer issued IRPA or not? Has anyone in these forums shared any input related to this.

I wasn't in this situation when I requested my notes, but what I got back was pretty detailed. I'd imagine that if there is something on file, you'd find that in here. Of course, if it's just been received by IRCC from CBSA and sitting on a desk, there might not be anything really there in the IRCC file to see.

Some friends suggested getting GCMS and CBSA Notes.

It's a good idea to get both sets of notes from CBSA and IRCC. I can't say for sure but my guess is that the CBSA notes are more likely to have what you are looking for - a confirmation that the officer did an official review and even if an A44 report was actually filed, or at least drafted. Alternatively, you might find a note explaining why they decided not to pursue. (The other thing is that IRCC can take forever, but my guess is that if CBSA was going to take some action, then they would have wrapped up their part by now.)

If it did move forward beyond CBSA, then the IRCC notes will give you a very rough, somewhat vague idea of where things currently stand. (If there's no mention in IRCC notes at all but CBSA notes has the referral, then it's sitting in IRCC's backlog and they've not seen it yet. Otherwise, there'll be some note that says what the last status was.)

 

[dpenabill]

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One of the lawyer via email shared this . . .
. . .
I am planning to reach out to a new lawyer and explain them in person about my situation and what actions I need to take regarding my child PR and my situation.

Apart from how you choose to proceed in regards to the status of your child, who unlike you is not a Canadian (does not have status as a Canadian PR or as a Canadian citizen), it should be OK (probably preferrable) to wait-and-see what happens next before taking any action.

That is, as long as you are prepared to respond to any requests for information or for an interview, your position does not worsen if you stay, work, and otherwise just wait.

In contrast, whether or not there is a 44(1) Report pending (it appears likely there is a Report pending), the longer you are here, and the more established you are here, the stronger that makes your H&C case if and when that is being decided.

How to handle things in regards to your non-Canadian child's status could be tricky. Given the extent to which you have been outside Canada since landing, and having spent relatively little time in Canada, it would be prudent to have a lawyer representing you and your child, in a paid-for attorney-client relationship, and guiding you in how you approach this, BEFORE initiating any further transactions with either CBSA or IRCC.

It is OK to make ATIP requests even though that is probably unnecessary. Moreover, it is not clear what you will learn will be helpful.

And it is imperative you timely and appropriately respond to contacts, notices, requests for information or an interview, or such, whether that is from either CBSA or IRCC.

But otherwise probably best to NOT engage in any further transactions with CBSA or IRCC, including not making any sponsored PR application for the non-Canadian child, again UNLESS guided by an experienced Canadian immigration lawyer pursuant to a paid-for attorney-client relationship. (Yeah, I tend to be repetitive in regards to something so key as this.)

The Lawyer's Email . . .

My sense is that what I say just above is consistent with what this "one" lawyer said in the email you shared here . . . . even though the lawyer's email otherwise is not consistent with what I understand.

Main thing is to Wait-and-See.

Meanwhile, be prepared to provide information if requested, to make the case why you should be allowed to keep PR status despite failing to comply with the RO, and otherwise, for now, wait to see what action is taken by the government.

BEYOND THAT . . .

It gets complicated. There are multiple interesting facets of your situation, some of which have been discussed by others, observations by @abff08f4813c in particular. But there is also a lot of unknown detail that could have a big impact on

(1) what is actually happening, such as whether there is a 44(1) Report pending (still appears a Report is pending) and what that means​

(2) what can and will happen​

Despite that, it is still probably the case that to wait-and-see is the way to go for now, again unless a lawyer, engaged as a lawyer representing you (not some free consultation), guides you otherwise in regards to your non-Canadian child. (My sense is overstaying would not be a big deal, but best to sort out how to handle this with a competent, experienced immigration lawyer.)

So addressing this further is likely to be more a distraction than it is helpful.

Example:

Generally I steer away from challenging information or advice from lawyers (except when obviously warranted). After all, I am not a Canadian lawyer, and I am no immigration expert.

And even here, where the way the lawyer has framed things seems rather odd to me, I am not challenging the essence of what the lawyer says, which again is mostly wait-and-see while in the meantime being prepared for an interview or information requests.

So there is not much to be gained wrangling with how the lawyer's email is a bit off and, at the least, seems an odd way of phrasing things . . .

IRCC may still review your residency status periodically, and it’s possible you could receive follow-up communications or be asked for additional information as part of their routine checks.

In terms of how things technically work, there is a fair bit to quibble with here:

It is not clear to me what this lawyer is referring to here with terms like "periodically" and "routine checks." Or even what the lawyer means in regards to what "review" IRCC may still do.

If a 44(1) Report prepared attendant a PoE examination is pending, it is a CBSA officer (acting in the role of a Minister's Delegate) who will be conducting a review, not IRCC.

In contrast, if there is no 44(1) Report pending, there is nothing for anyone at CBSA or IRCC to "review" at this juncture.

And there are no routine checks pursuant to which IRCC would ask for additional information.

Otherwise, IRCC does not conduct routine checks of PR status outside the scope of transactions which depend on verifying PR status, some of which specifically include a RO compliance assessment (like a PR card application), some of which may (but not necessarily will) include a RO compliance assessment (like a family class sponsorship application).

That is, absent cause to investigate you for security or criminal inadmissibility (which I assume is not relevant here), if there is no 44(1) Report pending there will not be any further review of your PR status or RO compliance unless YOU trigger a review of your PR status by engaging in a transaction with CBSA (by making an application for permission to enter Canada at a PoE, which you would when returning to Canada if you leave) or IRCC (by making an application for a new PR card, an application to sponsor a family member, or an application for citizenship).

But none of the quibbling counters the gist of the lawyer's communication, which again mostly amounts to this:

wait-and-see, while in the meantime being prepared for an interview or information requests.​

So, sorting through the more technical procedural details is not likely to illuminate useful decision-making information for you. In terms of what you are up against, what could go wrong, what matters at this juncture is whether there is indeed a 44(1) Report pending, awaiting a MD's review. But there is nothing you can do, no decision you can make, which will change that. If a Report is pending, the question is whether you will get H&C relief when it is reviewed; your role is to be prepared for that review when it happens (if that is what happens).

Report Pending?

In terms of what could happen, of course you are anxious to know whether or not you currently have an outstanding 44(1) Report pending (again, seems likely one is pending). You may be able to find out if a Report was prepared and is still pending through ATIP requests.

It would be nice to know but knowing will not change what you need to do.

If there is no Report pending, you can for sure just stay with little or no risk to your PR status. If you stay for 730 days before engaging in any further transactions with IRCC, that will put you back into RO compliance, which will mean you could then apply for a new PR card or to sponsor your child, or both, with no risk.

So, if there is no Report pending, relax.

If, in contrast, there is a Report pending, still relax. Relax but be prepared to make the H&C case to another officer (and for your purposes, it makes little if any difference to you whether that is technically a CBSA or IRCC officer).