The Long Read . . .
I obtained my PR card in early 2020 and it is expring in about 6 months. I returned to my home country after a short landing (of one week) and then due to the pandemic, I am not able to return to Canada till April 2022. After a short stay (a few weeks) in 2022, I had to leave Canada again to take care of my family. Right now I am decided to come back and reside in Canada to meet the RO.
- Any suggestion to answer the questions if I get second at PoE in the airport?
- What's the odds if CBSA decides to allow me in with a report under A44? (In the past 2 years, I get a freelancer and unofficial contract job for a firm in Canada and filed tax as a non-tax resident, not sure if I should bring this up or tell CSBA in case they are about to give me A44 report)
I've read some other threads but found no similar situation like mine. I know its YMMV but just want to get some suggestions here to help me get into Canada this time(planned next month).
The first response by
@armoured largely covers the gist of it.
Not sure what YMMV means; not "
you made my day" I'm guessing; perhaps some version of
results may vary? If the latter, that's really the deal. How it goes can and does VARY. You are in breach of the PR Residency Obligation and in breach by quite a lot. So there is a very substantial RISK that upon arrival at the Port-of-Entry (PoE) you will be subject to inadmissibility proceedings. The possibility of being "
reported" does not adequately reflect what is involved in that process, which is discussed at length in numerous topics.
Meanwhile, it appears you largely understand the situation:
Just to get back to some questions above:
- I haven been overseas and in a remote/contract/PT job for a Canadian business, but I guess it didn't prove much ties here.
- Filing taxes as a non-resident is not the same as paying taxes.-> I filed tax form for my Canadian business income so there are taxes actually paid (5-digit). I guess it is probably a slightly better than just filing the tax form.
Such employment is of course, obviously, a direct tie to Canada. But that's it, just a Canadian tie. Filing and paying Canadian taxes likewise. Other factors have far more influence in whether H&C relief is allowed for a PR who has failed to comply with the Residency Obligation.
If you are coming here to settle permanently, to stay, yeah best wishes.
That said, at the risk of going too long, diving too deep, I will offer further more in-depth observations.
Main reasons for adding my two cents:
-- I disagree with the characterizations about working remotely
-- to emphasize the variability and complexity of making the H&C case, especially emphasizing that H&C cases are tricky
-- some clarification of the process at the PoE which many in this forum truncate, referring to being reported
Leading to . . .
Further Observations and Clarifications:
As I noted, the possibility of being "
reported" does not adequately reflect that process. The main thing is whether or not the PoE screening results in being issued a Removal Order. A Removal Order is the worst case scenario, but even if this happens you can enter Canada and appeal, and stay pending the outcome of the appeal.
You refer, for example, "
in case they are about to give me A44 report." Not sure how you would know that a CBSA officer is about to prepare a 44(1) inadmissibility report, and while how it goes in practice probably varies some, what matters is whether a 44(1) Report is prepared and if so, if that then results in being issued a Removal Order. Sure, it matters whether an inadmissibility report itself is prepared, whether you are given a copy or not. But again the main thing is whether the PoE screening results in being issued a Removal Order. More regarding this below.
Possibility of being waived through; no RO compliance questions:
Meanwhile, you still have a valid PR card and you are still within the first five years since landing. There is some chance that upon your arrival at the PoE you will NOT be questioned about your RO compliance. Be sure to be
honest answering questions without dodging.
If you are waived through without being closely questioned about RO compliance (without a Secondary examination), you can then STAY.
This brings up the first clarification: not sure why
@armoured refers to "
minimal travel," but to be clear, your best chance of keeping PR status will be to STAY with
NO travel outside Canada until you are in compliance with the RO. Also do NOT apply for a new PR card until you are at least well settled here and getting close to meeting the RO (it warrants recognizing that it is better to not apply for a new PR card until you are actually in RO compliance).
RO compliance questions but NOT issued Removal Order:
See detailed discussion of the procedure involved in Secondary examinations as to RO compliance in other topics, including procedure involving making H&C case to a second officer (technically the Minister's Delegate; in practice just a second officer) if a 44(1) inadmissibility Report has been prepared.
The scope of questioning varies widely, but as already noted in regards to arriving back here while in breach of the RO the main thing, even if a 44(1) Report is prepared, is whether or not a Removal Order is issued. The most influential factor is the extent of the breach, and this is just arithmetic. The next most important factor (in terms of whether a Removal Order will be issued) is
WHY you remained abroad for as long as you did.
Again, it is important to be honest and to NOT dodge questions. This is not to suggest offering more than is asked . . . but when asked "
why" questions, that's an opportunity to tell your story, to make your H&C case as to why you more or less deserve the chance to keep your PR status and STAY, to settle and stay.
In particular, when the questioning becomes focused on the fact you are in breach of the RO (if it does become focused on that) there should be some questions which, in essence, ask "
WHY" you were outside Canada for so long. Again, this is your opportunity to tell your story, to explain why your plans to move here and settle PERMANENTLY in Canada (assuming this is honestly part of your story) have been delayed, and to offer any other H&C reasons why you stayed abroad.
This is about telling YOUR story, the real story, YOUR reasons for not settling here PERMANENTLY sooner, and to the extent it is true, YOUR plans to stay and settle here. This is totally personal to YOU, to YOUR situation, and as much as there are similarities among different PRs, the variables and, frankly, vagaries in how border officials deal with this or that individual, make it impossible to quantify the odds.
If your H&C case is not persuasive at the PoE, again you can still enter Canada and you will have a chance to appeal and to more formally present your H&C case in the appeal, with the help of a lawyer if you choose.
H&C Cases Are Inherently Tricky:
The variability of influence particular factors might have in regards to H&C relief is illustrated by so-called "
family" reasons, which are among some of the most common reasons for remaining abroad that PRs put forward as a positive H&C factor. The details matter. While typically many family reasons are a positive factor, even compelling family reasons can be a negative factor in some situations. For example, see reference to the Mehmood case in further posting below.
Thus, absent engaging in a formal relationship with a lawyer and going over the details of the H&C case specifically and in depth, which few will do for purposes of preparing for PoE questioning, about the best a PR in breach can do is just be ready to tell their story and perhaps have some supporting documents in hand. If despite telling YOUR story there is a Removal Order issued, again you will be allowed to enter Canada and given time (30 days) to make an appeal, and if you do that you can stay pending the appeal and you should have time to meet with a qualified immigration lawyer who can review your situation and evaluate your H&C factors, giving you the information you will need to help make the decision whether to fully pursue the appeal and whether to engage the lawyer to represent you in the appeal.
There is simply no way to quantify what the risk is you will be issued a Removal Order, let alone what the odds are on appeal if you are issued a Removal Order. You are definitely at risk. But you are still within the first five years of landing. The official decisions do not speak of this as a positive factor, but the anecdotal reporting very much suggests that there is a fair chance of being waived through without any extensive questioning as to RO compliance, or even if not waived through, being treated leniently with a decent shot at being allowed to keep PR status based on H&C reasons.
