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Sarah2017

Star Member
Jun 29, 2017
113
3
I became a Permanent Resident in 2019, but due to circumstances beyond my control (my mother's passing, my child's visa refusal, and COVID border closures), I remained outside Canada longer than expected.

I returned to Canada in April 2024 and have not left the country since.

I applied to renew my PR card in June 2024. During an interview in January 2025, a 44(1) report was issued, and I was subsequently granted a new PR card valid for one year.

I have now submitted another PR card renewal application and provided strong evidence of my continuous residence in Canada, including tax records, a lease agreement, utility bills, bank statements, and CBSA travel history.

My questions are:

  1. Has anyone who received a 1-year PR card due to a 44(1) report later received a 5-year PR card?
  2. How did you find out whether the 44(1) report was still active or had been closed?
  3. How long did PR card renewal processing take in similar cases?
  4. Did you receive an AOR or online updates, or did the card simply arrive by mail?
I would greatly appreciate hearing from anyone with a similar experience. Thank you.
 
There have been cases where people who were issued a 1-year PR card after a 44(1) report later received a standard 5-year PR card, but it really depends on whether IRCC is satisfied that they've re-established compliance with the residency obligation and whether there are any outstanding enforcement concerns.

If you've remained continuously in Canada since April 2024 and submitted strong evidence such as your CBSA travel history, tax filings, lease, utility bills, and bank statements, you've given IRCC the type of documentation they typically look for when assessing continued residence.

As for the 44(1) report, it's not always obvious whether it's still active. Many applicants only find out by requesting their GCMS notes or CBSA notes, which can show whether the report was finalized, referred, or otherwise resolved.

Processing times in these situations can vary quite a bit because applications involving previous residency obligation concerns often receive additional review. Some applicants receive an AOR and online status updates, while others see very little movement until the new PR card is mailed. Unfortunately, there doesn't seem to be a consistent pattern.

Given your timeline and the evidence you've submitted, it sounds like you've done everything you reasonably can at this stage. Hopefully someone who has gone through a similar 44(1) process can share their personal experience with the outcome.
 
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I became a Permanent Resident in 2019, but due to circumstances beyond my control (my mother's passing, my child's visa refusal, and COVID border closures), I remained outside Canada longer than expected.

I returned to Canada in April 2024 and have not left the country since.

I applied to renew my PR card in June 2024. During an interview in January 2025, a 44(1) report was issued, and I was subsequently granted a new PR card valid for one year.

I have now submitted another PR card renewal application and provided strong evidence of my continuous residence in Canada, including tax records, a lease agreement, utility bills, bank statements, and CBSA travel history.

My questions are:

  1. Has anyone who received a 1-year PR card due to a 44(1) report later received a 5-year PR card?
  2. How did you find out whether the 44(1) report was still active or had been closed?
  3. How long did PR card renewal processing take in similar cases?
  4. Did you receive an AOR or online updates, or did the card simply arrive by mail?
I would greatly appreciate hearing from anyone with a similar experience. Thank you.

The outcome of you 44(1) has to be resolved before determining whether you may get another 1 year card or a 5 year card. Processing is around a year so you should hear somewhat soon. I would not leave Canada until you get a response regarding the 44(1).
 
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I became a Permanent Resident in 2019, but due to circumstances beyond my control (my mother's passing, my child's visa refusal, and COVID border closures), I remained outside Canada longer than expected.

I returned to Canada in April 2024 and have not left the country since.

I applied to renew my PR card in June 2024. During an interview in January 2025, a 44(1) report was issued, and I was subsequently granted a new PR card valid for one year.

I have now submitted another PR card renewal application and provided strong evidence of my continuous residence in Canada, including tax records, a lease agreement, utility bills, bank statements, and CBSA travel history.

My questions are:

  1. Has anyone who received a 1-year PR card due to a 44(1) report later received a 5-year PR card?
  2. How did you find out whether the 44(1) report was still active or had been closed?
  3. How long did PR card renewal processing take in similar cases?
  4. Did you receive an AOR or online updates, or did the card simply arrive by mail?
I would greatly appreciate hearing from anyone with a similar experience. Thank you.
I have not had a similar experience, but am familiar with numerous similar cases and I understand the process other than what is kept behind the confidentiality curtain.

The response by @Ayomide101 covers the essentials, so far as we know.

That said, what IRCC does in cases like this, more or less in the background, is not clear. It is difficult to discern why there is a delay in proceeding to a review of the Report by an officer acting in the role of a Minister's Delegate. You benefit from the delay to the extent your settlement here, in Canada, is a positive H&C factor, and the longer you remain the more positive weight this has. It is tempting to think (but not with a lot of confidence) that IRCC is not proceeding to the Report review step to give you an opportunity to show you are establishing permanent residence here, a chance to show you deserve to keep PR status.

But some cases like this still result in a Removal/Departure Order and the loss of PR status unless there is a successful appeal. This includes at least one case in which a PR had settled here for an extended period of time after the Report was prepared, up to when the appeal was heard and decided. A big difference in that case (as best I can recall; cannot put my cursor on a citation or link at the moment), however, unlike you that individual was not a "new" PR when they returned here, it being several years past the fifth year anniversary of their landing at the time, and over the years they had an established pattern of not settling here.

Which leads to a clarification about how staying, settling here when you finally did return to Canada, matters.

Unfortunately the days you have been here since the date the 44(1) Report was prepared do not get credit toward meeting the Residency Obligation (unless the Report is eventually set aside by an officer acting in the role of a Minister's Delegate or in an appeal). This could be why @canuck78 cautioned you to not leave Canada in the meantime (although brief trips should be OK), since even though you have been here more than 730 days, most of those do not get RO credit. So your status still depends on H&C relief. That, in turn, as I already noted, can be influenced by how settled you are here, by how long you have been here when the H&C assessment is done.

That is, even though those days here after the Report was prepared do not count toward the RO, they still carry positive H&C weight, so staying can make a difference in how this goes.

Has anyone who received a 1-year PR card due to a 44(1) report later received a 5-year PR card?

Yes, some PRs (that we know of, but probably many more than that) who were subject to inadmissibility proceedings and issued a 1-year PR status card, due to a breach of the RO, subsequently received a 5-year PR card. But the path to that outcome varies, including some who were issued a Removal/Departure Order but then successfully appealed.

Others did not fare so well, the Report leading to a MD's decision to terminate PR status resulting in a Removal/Departure Order that was upheld on appeal.

And there is a fairly recent discussion here in the forum in which a PR has been issued a second 1-year PR card, apparently the 44(1) Report still pending. So far I have not seen them return to share an update.

The latter brings up some of the uncertainty there is in cases like this, and that is whether the Report is still pending, waiting for review by a MD, or whether a Removal/Departure Order has been issued and an appeal is pending. Unfortunately many of those sharing anecdotal reports in a forum like this are not well acquainted with the procedures involved; meanwhile immigration officials, and their notifications, are often confusing. So many times it is not clear just what stage the case is at.

So . . .
How did you find out whether the 44(1) report was still active or had been closed?
. . . as @Ayomide101 referenced, some PRs in these situation obtain a copy of their GCMS records. I would suggest it might be easier to ask IRCC's help centre about your status (even though it can be difficult to get through), since that would be more direct, faster, and avoid potential problems getting IRCC to send the GCMS records that are relevant.

How long did PR card renewal processing take in similar cases?

I do not know the basis for @canuck78 saying "Processing is around a year . . ." When there are inadmissibility proceedings pending, timelines vary widely because the individual cases vary so widely.

Likewise in regards to whether you get a AOR notice or a new PR card is issued, and if a card is issued whether it is mailed or you are instructed to pick it up in person; varies depending on the particular situation.


A plea . . . when you learn more, please return here to share what you learn, and for sure share how this goes for you. Those here trying to help others rely a lot on anecdotal reports to keep us apprised of what IRCC is doing in these situations.
 
.

I have not had a similar experience, but am familiar with numerous similar cases and I understand the process other than what is kept behind the confidentiality curtain.

The response by @Ayomide101 covers the essentials, so far as we know.

That said, what IRCC does in cases like this, more or less in the background, is not clear. It is difficult to discern why there is a delay in proceeding to a review of the Report by an officer acting in the role of a Minister's Delegate. You benefit from the delay to the extent your settlement here, in Canada, is a positive H&C factor, and the longer you remain the more positive weight this has. It is tempting to think (but not with a lot of confidence) that IRCC is not proceeding to the Report review step to give you an opportunity to show you are establishing permanent residence here, a chance to show you deserve to keep PR status.

But some cases like this still result in a Removal/Departure Order and the loss of PR status unless there is a successful appeal. This includes at least one case in which a PR had settled here for an extended period of time after the Report was prepared, up to when the appeal was heard and decided. A big difference in that case (as best I can recall; cannot put my cursor on a citation or link at the moment), however, unlike you that individual was not a "new" PR when they returned here, it being several years past the fifth year anniversary of their landing at the time, and over the years they had an established pattern of not settling here.

Which leads to a clarification about how staying, settling here when you finally did return to Canada, matters.

Unfortunately the days you have been here since the date the 44(1) Report was prepared do not get credit toward meeting the Residency Obligation (unless the Report is eventually set aside by an officer acting in the role of a Minister's Delegate or in an appeal). This could be why @canuck78 cautioned you to not leave Canada in the meantime (although brief trips should be OK), since even though you have been here more than 730 days, most of those do not get RO credit. So your status still depends on H&C relief. That, in turn, as I already noted, can be influenced by how settled you are here, by how long you have been here when the H&C assessment is done.

That is, even though those days here after the Report was prepared do not count toward the RO, they still carry positive H&C weight, so staying can make a difference in how this goes.

Has anyone who received a 1-year PR card due to a 44(1) report later received a 5-year PR card?

Yes, some PRs (that we know of, but probably many more than that) who were subject to inadmissibility proceedings and issued a 1-year PR status card, due to a breach of the RO, subsequently received a 5-year PR card. But the path to that outcome varies, including some who were issued a Removal/Departure Order but then successfully appealed.

Others did not fare so well, the Report leading to a MD's decision to terminate PR status resulting in a Removal/Departure Order that was upheld on appeal.

And there is a fairly recent discussion here in the forum in which a PR has been issued a second 1-year PR card, apparently the 44(1) Report still pending. So far I have not seen them return to share an update.

The latter brings up some of the uncertainty there is in cases like this, and that is whether the Report is still pending, waiting for review by a MD, or whether a Removal/Departure Order has been issued and an appeal is pending. Unfortunately many of those sharing anecdotal reports in a forum like this are not well acquainted with the procedures involved; meanwhile immigration officials, and their notifications, are often confusing. So many times it is not clear just what stage the case is at.

So . . .
How did you find out whether the 44(1) report was still active or had been closed?
. . . as @Ayomide101 referenced, some PRs in these situation obtain a copy of their GCMS records. I would suggest it might be easier to ask IRCC's help centre about your status (even though it can be difficult to get through), since that would be more direct, faster, and avoid potential problems getting IRCC to send the GCMS records that are relevant.

How long did PR card renewal processing take in similar cases?

I do not know the basis for @canuck78 saying "Processing is around a year . . ." When there are inadmissibility proceedings pending, timelines vary widely because the individual cases vary so widely.

Likewise in regards to whether you get a AOR notice or a new PR card is issued, and if a card is issued whether it is mailed or you are instructed to pick it up in person; varies depending on the particular situation.


A plea . . . when you learn more, please return here to share what you learn, and for sure share how this goes for you. Those here trying to help others rely a lot on anecdotal reports to keep us apprised of what IRCC is doing in these situations.

Based on my recollection of the past few 44(1) cases processing seems to be taking around a year if not longer.