Way forward after Subsection 44(1) Report

[donobao]

Hello,
I would like some advice on best way forward for my current status.

I soft-landed in Canada in October 2018 with my wife and kids. PR Card was delayed, but issued in Feb 2019.
We tried to move to Canada in June 2020, but that was the peak of COVID and thought it best not to relocate at that time.
My family moved in November 2021, but I kept working outside Canada and traveled as much as I could back to live in Canada.
When we applied for PR card renewal in Jan 2024, my family met residency obligation, but I did not. At that time I had about 400 days.
I tried to apply on H & C grounds based on COVID, and plans for qualifications, but it did not work.

I was issues a Section 44(1) report, awaiting a Ministers delegate decision, and given a One-Year PR card which I was informed is renewable twice only.

Today, I have met the residency obligation with about 975days in Canada in the past 5 years to date, but when I applied for PR card last August (2025), I only got a One-Year extension again.

From reading some of the posts on this Forums, I understand my days are suspended since section 44(1) report was issued.

Is it possible to appeal this now, to try to get the Section 44(1) report set aside/canceled or withdrawn??

My wife and children are now Canadian citizens since last year June 2025.

 

[dpenabill]

Hello,
I would like some advice on best way forward for my current status.

I soft-landed in Canada in October 2018 with my wife and kids. PR Card was delayed, but issued in Feb 2019.
We tried to move to Canada in June 2020, but that was the peak of COVID and thought it best not to relocate at that time.
My family moved in November 2021, but I kept working outside Canada and traveled as much as I could back to live in Canada.
When we applied for PR card renewal in Jan 2024, my family met residency obligation, but I did not. At that time I had about 400 days.
I tried to apply on H & C grounds based on COVID, and plans for qualifications, but it did not work.

I was issues a Section 44(1) report, awaiting a Ministers delegate decision, and given a One-Year PR card which I was informed is renewable twice only.

Today, I have met the residency obligation with about 975days in Canada in the past 5 years to date, but when I applied for PR card last August (2025), I only got a One-Year extension again.

From reading some of the posts on this Forums, I understand my days are suspended since section 44(1) report was issued.

Is it possible to appeal this now, to try to get the Section 44(1) report set aside/canceled or withdrawn??

My wife and children are now Canadian citizens since last year June 2025.

Best source of advice would be a qualified immigration lawyer. (Reminder: it's tough to get what you pay for from lawyers, so it's a no-brainer what a free consultation is worth, which is about what you paid for. Still, once tangled in inadmissibility proceedings, best to lawyer-up, or at the least get a paid-for consultation pursuant to which the lawyer reviews your case in detail before offering advice.)

This forum is not a good source for advice beyond basic information (like which forms to use, content of application forms, referral to authoritative sources, and such), and in particular any advice here beyond that is on its face suspect (there are far too many reasons to enumerate in this post).

The days you spend in Canada AFTER a 44(1) Report is issued do NOT count toward meeting the PR Residency Obligation. That said, if the report is set aside by a Minister's Delegate (MD) or by the IAD in an appeal, those days will count toward the RO going forward. Nonetheless, such days in Canada can be a positive factor considered by either a MD (if that really is still pending), or by the IAD if there is an appeal, which can help to get the inadmissibility report set aside for H&C reasons (days in Canada count as a positive tie to Canada even though they do not formally count as days toward meeting the RO).

Some non-expert (but fairly well informed) observations:

Sponsorship Safety Net:

If your spouse is eligible to sponsor you for PR anew (main criteria for a citizen to sponsor a spouse is not being on government support), worst case scenario is going through the sponsorship process to obtain a new grant of PR.

You could begin that process immediately after you have lost PR status . . . which leads to a key question.

Key Question: Is there actually, still, a Minister's Delegate (MD) decision pending? Based on what you report, including in particular that you currently have a one-year PR card and you do not mention being issued a Removal or Departure Order, it appears the MD has not made a decision yet. (I frame this as a question because of the lengthy timeline, typically expecting a MD's decision more quickly.)

Assuming you are in fact still waiting for the MD's decision:

If the MD decides is to set aside the inadmissibility report, that is the 44(1) Report, there is no need to appeal. If this happens your PR status is good and you will be eligible for a full five year PR card.

The other decision the MD might make is to issue a Removal or Departure Order. That is a decision terminating PR status but it does not take effect as long as you have the right of appeal. You might want to pay for a lawyer's advice when deciding whether or not to appeal (you have 30 days to appeal from the date the Removal/Departure Order is issued), or to simply proceed with being sponsored for PR by your spouse.

There is nothing to appeal unless the MD makes a decision to issue a Removal or Departure Order.

If you appeal once there is a Removal or Departure Order, you continue to have PR status pending the outcome of the appeal. So, for example, you can continue to work in Canada and you continue to be eligible for a one-year PR card pending the outcome of the appeal. If you win, your status is good to go. If you lose, you can proceed with the sponsorship process (assuming your spouse is not on government support).

 

[donobao]

Thanks for the feedback. Good to understand the Sponsorship safety net option.
The fact is I would hope not to require it as that would mean a whole new PR application process, and I presume a reset of the RO days count.

The MD has not made a decision for sure, and the officer who wrote the 44(1) report had mentioned that it could be years to get some sort of decision, which is why I was wondering if I could trigger this somehow.

Technically, if the 44(1) report is set aside, and my days in Canada count, I would be eligible for citizenship before the end of this year. I am considering making that application if that would trigger a quick review and decision.