rahul00 said:
Hi all,
I have entered Canada, showing my PR card at the point of entry
1) the officer gave be a letter of subsection 44-1 that I have not meet residency obligation.
2) when I spoke to his supervisor, he took my interview for 1 and half hours. And let me go in. He said That he is going to look into my case and inform me in next 2-3 days my post. I told him all truth and gave him all the paperwork.
I have not received any post, but I checked my status online in website. It say application for the permanent residency card is received and is in process.
Can someone explain me what this mean and how much time it is going to take
I am confused and do not know what to do
Thanks
You have been reported as inadmissible due to a breach of the PR Residency Requirement. That is what the section 44(1) report is about.
It was referred to the "supervisor" to determine whether a Removal Order will be issued. The supervisor is acting as the Minister's delegate.
If the Removal Order is issued, as it seems likely it will be (albeit the fact the supervisor did not issue it immediately and, in effect, took it under advisement, offers some hope it might not be issued), you will have thirty days to appeal. If you appeal, you can remain in Canada pending the appeal. If you appeal, the Removal Order does not become "enforceable" unless and until the appeal is decided against you or it is withdrawn. Or, it becomes enforceable after thirty days if no appeal is made.
It is likely you will know the outcome soon, that is whether or not a Removal Order is issued, but it is also possible that rather than issue a Removal Order, the 44(1) report is referred to a local
Immigration, Refugees, and Citizenship office for further processing.
If no Removal Order is issued pursuant to a decision based on H&C grounds, allowing you to retain PR status, your PR status is OK. Probably better to
not apply for a new PR card for two years, but I am not sure whether or not technically the H&C decision is binding on
Immigration, Refugees, and Citizenship, and if so you should be issued a new PR card upon application.
If no Removal Order is issued but the Report is referred to a local
Immigration, Refugees, and Citizenship office, it may be some time before the next step. In the meantime, though, your time in Canada will
not count toward meeting the PR RO.
If a Removal Order is issued, and you do not appeal, your PR status will be effectively terminated as of the next day after the last day you could have made the appeal. You would then be a Foreign National. Assuming you are a UK citizen you could then come and go as any other UK
visitor unless you apply for and obtain other status.
If a Removal Order is issued and you do appeal, again the time you are in Canada now will not count toward meeting the PR RO. The appeal could take from many months to more than a year. Pending the appeal you remain a PR of Canada.
If you appeal the Removal Order and lose, PR status is terminated and you would then be a Foreign National, returning you to the same position as any other UK citizen.
Better to obtain the assistance of a licensed legal professional for the appeal. If you win the appeal, your PR status is retained and then the time you have been spending in Canada will count toward compliance with the PR RO.
Obviously, winning the appeal depends on the strength of your H&C grounds. Hard to see how you could win this.
Your best hope is that the "supervisor," the Minister's delegate, makes a determination to not issue a Removal Order. Odds of that are probably not good, but that depends on a lot of variables and factors, including current policies at CBSA and
Immigration, Refugees, and Citizenship. Outright generous, let alone lenient decisions are possible. Probably not likely, but possible.
