Got reported 44(1)

[anuom]

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.

No, I am not going back and forth. I am looking for a job in Ontario. I even moved all my things from US.

 

[anuom]

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.

I applied for the course before I started down the PR application journey and was not very hopeful that would get the PR. I wanted to get a project management degree, regardless of what could've happened. I didn't want to wait till the results of my PR application to even start the masters degree.

 

[anuom]

@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.

Thanks.

 

[anuom]

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

I am been unemployed since march, and not commuting

 

[anuom]

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.

I plan to do a PhD here. And I apologize but I don't remember which thought came first, whether to join the course or applying for PR. But just wanted to let you know, there are other reasons or situation why I joined the course. I had very limited options of what I could do since I was (still am) sole breadwinner and taking care of my mother. How long I could go without earning would depend on my responsibilities and the funds that was available to me at that time. So, while it might seem like a direct question, it unfortunately was not for me.

 

[anuom]

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 . . .

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 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.

Thank you so much. I appreciate your insight, it helped me to get bound to the reality rather than going crazy with thoughts. @armoured and @dpenabill

 

[anuom]

All i'm going to add is that whatever you have said in your interactions with US immigration can be used against you. IRCC has full access to that and If you made an application for US LPR status or made applications to renew your existing status in the US after your PR was granted, it will really hurt your credibility in terms of whether you truly intended to settle permanently in Canada.

Also deleting old posts only hurts the kind of advice you may get.

I didn't apply for any renewals in US and I am sorry I don't know what LPR is. And I have mentioned at the border that I have a PR in Canada and intend to move there in the near future - and that has been my plan. The main reason (among others) is that I could visit my family whenever I want if I am in Canada, unlike a lot of restrictions that F1 or h1b have in the US.

 

[armoured]

Thank you! I appreciate your answer very much. I do have a tendency to downplay things and usually don't convey things in its full degree if importance or impact. I am going to get legal help just to make sure that I don't make any mistakes. I got a call and have an interview in August 7th, hopefully it will go well. If it doesn't then will deal with that when it happens.
I am sorry for my late response, I was purposely avoiding to see this forum because of the anxiety issues. I am going to lay down all the issues and hiccups that had to go through, with the timeline and documents. Thank you once again.

Your interview is in August with IRCC or CBSA officer?

Obviously if you're going to consult with a lawyer, it may make sense to do so beforehand.

That said, I don't think this means that you have to have a lawyer represent you at that stage or be at the interview - your choice. (And you will have time to engage a lawyer for appeal afterwards).

Either way: get organized beforehand; writing things down is often a good way to organize (but do not just read everything you have written beforehand, use them as guidance); listen to the questions and respond to them; and make your points without too much length or detail.

On the last part - brief and without excessive detail - this is as much because people tend to get lost in detail and head down ways they did not intend. Keeping it brief helps make your main points.

 

[anuom]

Your interview is in August with IRCC or CBSA officer?

Obviously if you're going to consult with a lawyer, it may make sense to do so beforehand.

That said, I don't think this means that you have to have a lawyer represent you at that stage or be at the interview - your choice. (And you will have time to engage a lawyer for appeal afterwards).

Either way: get organized beforehand; writing things down is often a good way to organize (but do not just read everything you have written beforehand, use them as guidance); listen to the questions and respond to them; and make your points without too much length or detail.

On the last part - brief and without excessive detail - this is as much because people tend to get lost in detail and head down ways they did not intend. Keeping it brief helps make your main points.

Thank you, thank you once again. The interview is with the border officer. I'm trying to get an appointment with a lawyer (it's expensive ) this week. Thanks for the tip. I tend to do that, even at job interviews, just keep blabbering before I come to realization.

 

[armoured]

I didn't apply for any renewals in US and I am sorry I don't know what LPR is. And I have mentioned at the border that I have a PR in Canada and intend to move there in the near future - and that has been my plan.

The utility of debating with and/or explaining to others here is probably not high. You have other things you should focus on and I doubt this is helping your anxiety. Up to you of course.

The main reason (among others) is that I could visit my family whenever I want if I am in Canada, unlike a lot of restrictions that F1 or h1b have in the US.

I'm going to highlight this (or rather I have bolded it) as an example of thinking through what you want to say during an interview and what you should consider NOT saying.

Above you discussed your intent to stay in Canada, and here this comment reads as if your point of being in Canada as a PR is to have more freedom to leave Canada.

Now I don't believe you meant to say the latter (I'm aware of the huge problems with various visa statuses in USA and the risks involved in leaving even for short trips), but I'd also suggest that apart from the 'freedom to leave' part or a comparison to US you have the brief explanation of your intent to remain in Canada be about Canada, permanently, and that your time in the US was temporary and that is all.

 

[anuom]

The utility of debating with and/or explaining to others here is probably not high. You have other things you should focus on and I doubt this is helping your anxiety. Up to you of course.

Makes sense and you are right, thank you.

I'm going to highlight this (or rather I have bolded it) as an example of thinking through what you want to say during an interview and what you should consider NOT saying.

Above you discussed your intent to stay in Canada, and here this comment reads as if your point of being in Canada as a PR is to have more freedom to leave Canada.

Now I don't believe you meant to say the latter (I'm aware of the huge problems with various visa statuses in USA and the risks involved in leaving even for short trips), but I'd also suggest that apart from the 'freedom to leave' part or a comparison to US you have the brief explanation of your intent to remain in Canada be about Canada, permanently, and that your time in the US was temporary and that is all.

I understand and yeah, I didn't mean the later part. It's the ability to go visit my family or go on a vacation without tremendous stress attached to it, is what I meant. But I'll keep that in mind, thank you!!!