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.