Is it too late to withdraw the application,
No report was mentioned just directed to the manager and was told not to miss that appointment.
In this case definitely in breach. So would a 44)1 be issued for sure?
Do you know the time line for an appeal?
it can they easily get a visitors visa or reapply for PR again?
Any advise on what to do? I dont know if it is too soon to involve a lawyer
It is not too late to request withdrawing the application. Pursuant to somewhat recently (last couple years or so) adopted policy and practice, however, IRCC may or may NOT allow the application to be withdrawn. If the PR is already subject to investigation or proceedings for inadmissibility (including inadmissibility for a breach of the PR RO), it appears IRCC does not ordinarily terminate processing the PR card application, but rather follows through on the investigation or proceedings for inadmissibility.
In other words: a request can be made to withdraw, it may or may not be allowed, but that is not likely to avoid negative actions for inadmissibility.
Definitely in breach . . .
"
In this case definitely in breach. So would a 44)1 be issued for sure?"
Historically there has been only sporadic reporting from PRs in a similar situation. I doubt anyone can forecast how this sort of case will go without being well acquainted with the full gamut of relevant information, and even then it would largely be a guess; that extent of information cannot be reasonably exchanged in a forum like this, and is more suitable for a lawyer's office.
In other words, I do not know. (Certain factual settings may be predictable, such as an application made by a PR who has been in Canada less than a month, who went abroad again after making the application and has not been in Canada much at all while the application has been pending, and the H&C reasons for being abroad are weak . . . yeah, easy to forecast that PR will be issued a 44(1) Report. But otherwise, how it will go is not predictable.)
Scores of PRs in Secondary Review have reported their experience, but the vast majority of them have been in one of the following groups:
-- met the PR RO at the time of applying but IRCC/CIC saw reason to impose additional scrutiny; most of these are PRs who had been in Canada less than half the time, but met the PR RO
-- were cutting-it-very-close or were short some at the time they made the PR card application, but by the time IRCC/CIC actually took action on the application, they were either in compliance with the PR RO or very close to being in compliance
-- were PRs who were abroad extensively or continuously while the PR card application was in process
Their experience does not illuminate much about how it will go in this scenario.
It may be interesting, however, that there are two other forum participants who are at a later stage of this scenario. Three anecdotal reports do not illuminate a real lot, but it is interesting how few of these scenarios we have seen reported over the years, and now suddenly three are being actively discussed at the same time . . . to early to discern if this signals a more aggressive policy to enforce the PR RO on PRs who have returned to Canada, if they apply for a PR card before they are back in compliance.
Do you know the time line for an appeal?
If you are asking how long does it take for an appeal to reach a decision, that is currently hard to know as well. Until recently, it was usually taking over a year, and well over a year for many, and over two years for many. But there have been recent reports of much shorter timelines.
This is important because (1) it allows the PR to stay in Canada in the meantime, and (2) for those who do stay in Canada, the additional time in Canada can substantially help make the H&C case (it will not change the calculation of days, but it can be a positive factor in the H&C assessment).
[If they] can they easily get a visitors visa or reapply for PR again?
This depends entirely on their specific qualifications.
Losing PR status will have NO effect on this . . . although, it can be a positive factor relative to a visitor's visa if IRCC discerns their history supports the proposition they will not come and over-stay the visitor's visa.
Any advise on what to do? I dont know if it is too soon to involve a lawyer
I am NOT competent or qualified to give personal advice. Moreover, again, this is a situation which requires in-depth acquaintance with a lot of facts in order to assess the case even in general terms.
The strength of H&C factors looms large and I believe these can influence the "manager" to not issue a 44(1) Report, although I am not sure of that . . . but in any event, H&C reasons can influence the Minister's Delegate to NOT issue a Removal Order, and indeed the Minister's Delegate MUST assess H&C reasons before issuing a Removal Order.
The strength of H&C reasons is also a huge factor in assessing prospects on appeal.
The biggest factor of course is how much short of being in compliance the PR is . . . at the time of applying for the PR card, AND perhaps more importantly, at the time of the interview.
To my view, the sooner a lawyer is engaged the better. A lawyer may help prepare the PR for the interview.
In any event, there is no harm in following through, being as prepared as possible for the interview, to show what days have been in Canada, to show what H&C reasons there are, to show extent of current settlement in Canada, to show plans to stay and be permanently settled in Canada.
