Section 44 Report after CBSA allowed Entry

[canuck78]

You should not leave Canada if you decide to appeal so that will mean a much longer separation from your family with no guarantee of retaining your PR.

 

[Collino44]

Thank you for the advice. Well taken.

 

[Collino44]

Hello People,

Just a quick one.

What, in your opinion, would be considered that a person has established well in Canada in terms of effect in inadmissibility hearing? Does anyone have any immigration division or appeal case I can look at, please?

 

[sameer49]

I became a PR in 2009 and left Canada some months after landing. I was having a messy divorce back at home just after landing and the effects of the divorce and giving up my tender daughter was devastating. I visited Canada in 2012 and 2014 but was not in a state of mind to stay. I tried to come with my new wife but she was denied visa. I stayed back in my country to nurture a new family until November 2023 when I returned to Canada.

At the Toronto border I plainly told the officers my life situations and asked them to use their discretion in my favour. They examined me for close to 3 hours and finally allowed me entry without conditions and asked that I quickly get a replacement PR card.

Two weeks later I applied for a new card and after waiting for 10 months IRCC came back with section 44 report still on the residency obligations that the CBSA officers had pardoned. Is the IRCC allowed to do this please?

 

[sameer49]

this is exact case with me , only thing i didn't applied for PR Card renewal after entering Canada, now i am planning to sponsor my wife and kids who are in home country(their PR card expired), I completed 420 days still short of 300 days for residency compliance, NOW after reading your post I am worried shall I sponsor or wait for residency compliance?

 

[canuck78]

this is exact case with me , only thing i didn't applied for PR Card renewal after entering Canada, now i am planning to sponsor my wife and kids who are in home country(their PR card expired), I completed 420 days still short of 300 days for residency compliance, NOW after reading your post I am worried shall I sponsor or wait for residency compliance?

Wait until you are compliant. Are your family members still PRs?

 

[sameer49]

Wait until you are compliant. Are your family members still PRs?

I am applying for voluntary revocation of PR for my family

 

[canuck78]

I am applying for voluntary revocation of PR for my family

That process alone will take some time. Given your very long absence from Canada if your goal is to retain your primarily goal is to retain PR status it is advisable to stay off IRCC’s radar for 2 years.

 

[sameer49]

That process alone will take some time. Given your very long absence from Canada if your goal is to retain your primarily goal is to retain PR status it is advisable to stay off IRCC’s radar for 2 years.

since it is voluntary revocation I was told the process will be completed in couple of weeks. and then i can sponsor them again

 

[Copingwithlife]

since it is voluntary revocation I was told the process will be completed in couple of weeks. and then i can sponsor them again

NOTHING with the Government takes a couple weeks

 

[canuck78]

since it is voluntary revocation I was told the process will be completed in couple of weeks. and then i can sponsor them again

You can technically sponsor them if they no longer are PRs but without meeting RO you are taking a risk. There are no guarantees that your status will also not be examined if you attempt to sponsor your family which id why it is advised to wait until you meet your RO. With the majority of your family abroad and a very long absence in Canada if assessed you may have a very tough time justifying why you have grounds to keep PR. By staying aboard for a long period of time and reentering via land border you already took a risk of getting reported at the border. It appears you got lucky and were able to enter without being reported so why tempt faith once again?

 

[sameer49]

You can technically sponsor them if they no longer are PRs but without meeting RO you are taking a risk. There are no guarantees that your status will also not be examined if you attempt to sponsor your family which id why it is advised to wait until you meet your RO. With the majority of your family abroad and a very long absence in Canada if assessed you may have a very tough time justifying why you have grounds to keep PR. By staying aboard for a long period of time and reentering via land border you already took a risk of getting reported at the border. It appears you got lucky and were able to enter without being reported so why tempt faith once again?

agreed, can i apply just before meeting RO compliance LIKE 500 or 520 days such that by the time my application process i fully meet RO. as the sponsorship application typically takes minimum 6 months to process.

 

[scylla]

agreed, can i apply just before meeting RO compliance LIKE 500 or 520 days such that by the time my application process i fully meet RO. as the sponsorship application typically takes minimum 6 months to process.

No, definitely not. This will result in refusal and loss of your PR status. You must have at least 730 residency days on the date you submit your application. The number of days is locked on the date your application is submitted. There is no credit given for days after application submission.

 

[armoured]

No, definitely not. This will result in refusal and loss of your PR status. You must have at least 730 residency days on the date you submit your application. The number of days is locked on the date your application is submitted. There is no credit given for days after application submission.

I think this is overstating the case. I agree with the advice that it is NOT wise to apply before meeting the RO requirements, and it CAN result in loss of PR status and a refusal.

But do we know this with certainty, in all cases? No. Do we know with certainty that the number of days IS locked on the day the app is submitted? I don't know that; please show where this is the case.

We DO know this is the case in some instances - eg citizenship app days-in-country very much DO depend on date of submission [indeed signature?]. We DO know that WHEN a 44(1) is prepared, it can get frozen as of [some date in the process] - but we do NOT know that a 44(1) is initiated in every case where a PR out-of-compliance applies to sponsor a spouse/child. Indeed, I'd say we know that in some cases it doesn't happen (but we can't say for any reason more than luck, as far as I can tell).

Let's not overstate what we know - although I recognize that often such overstatement might be intended for good reasons, since (clearly) some PRs don't understand (want to udnerstand?) that such ambiguity does not mean it's a good idea to risk it.

Here's what I think we do know: simply put, that yes, attempting to sponsor while out of compliance CAN result in loss of PR status and/or severe delays (leaving out the process by which this happens). But it is not automatic ('self-executing' is one associated legal term). The laws and regs say (as best I can tell) only that a sponsor cannot be 'inadmissible', but there is no automatic determination that one is inadmissible.

Someone - IRCC - must actively make that determination, and WITHOUT having automatically to hand some or all of the info needed to make that determination. The sponsorship form does not have the day count in it, and there is no H&C infrmation (q here about whether they must ask for and get it in order to finalize the 44(1) - probably).

Note: I'd say that the day count of days-in-Canada for RO is absolutely the easiest information for IRCC to access if they decide to do so - particularly for the MANY cases we see here where the sponsor has clearly been out of Canada for years before applying to sponsor.

Again: I don't think it's a good idea to apply to sponsor before in compliance, and I think if doing so, it's both risky and largely pointless (because IRCC will likely delay the processing until the PR-sponsor is clearly in compliance again, so no net gain).

But I don't think it's as certain as some here would like to believe.

 

[Buletruck]

I think this is overstating the case. I agree with the advice that it is NOT wise to apply before meeting the RO requirements, and it CAN result in loss of PR status and a refusal.

But do we know this with certainty, in all cases. No. Do we know with certainty that the number of days IS locked on the day the app is submitted? I don't know that; please show where this is the case.

We DO know this is the case in some instances - eg citizenship app days-in-country very much DO depend on date of submission [indeed signature?]. We DO know that WHEN a 44(1) is repaired, it can get frozen as of [some date in the process] - but we do NOT know that a 44(1) is initiated in every case where a PR out-of-compliance applies to sponsor a spouse/child. Indeed, I'd say we know that in some cases it doesn't happen (but we can't say for any reason more than luck, as far as I can tell).

Let's not overstate what we know - although I recognize that often such overstatement might be intended for good reasons, since (clearly) some PRs don't understand (want to udnerstand?) that such ambiguity does not mean it's a good idea to risk it.

Here's what I think we do know: simply put, that yes, attempting to sponsor while out of compliance CAN result in loss of PR status and/or severe delays (leaving out the process by which this happens). But it is not automatic ('self-executing' is one associated legal term). The laws and regs say (as best I can tell) only that a sponsor cannot be 'inadmissible', but there is no automatic determination that one is inadmissible.

Someone - IRCC - must actively make that determination, and WITHOUT having automatically to hand some or all of the info needed to make that determination. The sponsorship form does not have the day count in it, and there is no H&C infrmation (q here about whether they must ask for and get it in order to finalize the 44(1) - probably).

Note: I'd say that the day count of days-in-Canada for RO is absolutely the easiest information for IRCC to access if they decide to do so - particularly for the MANY cases we see here where the sponsor has clearly been out of Canada for years before applying to sponsor.

Again: I don't think it's a good idea to apply to sponsor before in compliance, and I think if doing so, it's both risky and largely pointless (because IRCC will likely delay the processing until the PR-sponsor is clearly in compliance again, so no net gain).

But I don't think it's as certain as some here would like to believe.

The only argument to this I can think of is the likely impending change in government. I can see the conservatives making every effort to enforce immigration regulations to the letter if the do form the next government.