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RO not met + card expired = Trouble

SuperMarco

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Jul 23, 2024
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Yes but they're definitely enabled and encouraged by the Canadian governments policies. For example - allowing international students to work 40 hours a week outside campus. That's ridiculous. It's they're deliberately creating legal loopholes to be exploited. When I was an international graduate student in the US, I was allowed to work no more than 20 hours per week and only on campus, so international students never took away local blue collar jobs like in Canada
I think it's true. Generally students in europe are allowed to work like 20 hours, otherwise they are no longer student. But my concern was about the best strategy to enter canada. I expected to apply to good job after i pass my degree from abroad to prove the agent i'm motivated. The good news is the info about us border even i don't understand which border and what should he asks me instead. Thanks a lot all of you.
 

armoured

VIP Member
Feb 1, 2015
16,649
8,478
That's just my opinion and we can agree to disagree .
You wrote that you 'think Canada has gone far too left.' That's clearly an opinion - sure. What exactly 'far' means in your measurement, I don't see into your mind. Since you are referring to a degree of movement, I'm not going to argue with your thoughts.

Canada being far left is a different matter - by no objective measure or meaning of the words is Canada 'far left.' Canada is further left, no doubt, than the USA, but that's not saying much. IMO.

But at any rate my point was mostly about the fact that one can't speak of this as just being a federal government thing, because Canada really has a high degree of government at provincial level, and a higher proportion of Canadian provinces (compared to US states) are controlled by conservative parties.

I'm just saying it's complicated and there's a lot of blame to be shared.

BTW, macleans which leans moderate liberal, also shares my opinion, as do many right wing think tanks - https://macleans.ca/opinion/canada-has-shifted-to-the-left/
I'm shocked that right wing think tanks agree that Canada is too far left or just 'far left.' (I've left out the sarcasm/obvious tags here).

But that is not at all what Stephen Maher wrote in Macleans - that Canada is too far left or far left. Read the article - he says it's moving (moved I guess since article from 2021) left, but definitely does NOT claim 'far left', nor 'too far left', unless you're determined to misread a sentence like "something like a northern European social democracy. Since those countries have the best standard of living in the world, the best health outcomes, the highest levels of gender equality, you can see why people might like it...".

I think Canada's mostly moved left socially and with respect to some social programs, and incoherently / all over the place with respect to economic matters. Immigration being an example - nothign inherently 'left' about having too many students (as the glee with which conservative provincial govts pursued them demonstrates), nor too many temporary residents overall.

I think temporary resident expansion is most of the problem, and supported by numbers in that it's mostly increase in temp residents that's far off trend, just an explosion over a few years - that firehouse of temporary residents has to be turned down to a trickle, but it probably can't be done overnight - at least not without causing other problems that the provinces don't want to deal with.
 

canuck78

VIP Member
Jun 18, 2017
54,488
13,211
I think it's true. Generally students in europe are allowed to work like 20 hours, otherwise they are no longer student. But my concern was about the best strategy to enter canada. I expected to apply to good job after i pass my degree from abroad to prove the agent i'm motivated. The good news is the info about us border even i don't understand which border and what should he asks me instead. Thanks a lot all of you.
Canada allowed students to work for 40 hours for a short period during Covid in response to perceived labour shortages. Was purely for Canada’s benefit not for the students. Back at max 24 hours was 20 hrs before that. Reasoning for 24 hours is 3 8hr shifts. If you don’t allow people to work legally many will work illegally so this way at least you get some tax revenue.
 
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canuck78

VIP Member
Jun 18, 2017
54,488
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Many thanks ! i'm stupefied. So you mean that i can enter the border with an expired PR card without any trouble (if any immigration agent)? (please which border? ontario, qc?) Please i'm thrilled by this news.
You can still be reported for not meeting your residency requirement. You can wait in Canada while you appeal losing your PR status.
 

armoured

VIP Member
Feb 1, 2015
16,649
8,478
Canada allowed students to work for 40 hours for a short period during Covid in response to perceived labour shortages. Was purely for Canada’s benefit not for the student’s. Back at max 24 hours was 20 hrs before that. Reasoning for 24 hours is 3 8hr shifts. If you don’t allow people to work legally many will work illegally so this way at least you get some tax revenue.
Thank you for clarifying that! I had a feeling something was incorrect about that but didn't double check it.
 
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SuperMarco

Full Member
Jul 23, 2024
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You can still be reported for not meeting your residency requirement. You can wait in Canada while you appeal losing your PR status.
Many thanks. I'm sorry i think i dont understand. What i understand from all of your threads is: for sure i can enter from the us border (still i had no explanation why) to canada and wait two years to renew. you add that still in the meanwhile i can be lose my status and get reported outside canada. Please correct me. In addition, i thought that i could enter from the border WITHOUT any appeal just like schengen in europe and get back with 24-9 months to renew. Thanks again.
 

armoured

VIP Member
Feb 1, 2015
16,649
8,478
Many thanks. I'm sorry i think i dont understand. What i understand from all of your threads is: for sure i can enter from the us border (still i had no explanation why) to canada and wait two years to renew. you add that still in the meanwhile i can be lose my status and get reported outside canada. Please correct me. In addition, i thought that i could enter from the border WITHOUT any appeal just like schengen in europe and get back with 24-9 months to renew. Thanks again.
You have misunderstood.

If you enter via the land border, the officer will evaluate your situation and may do one of several things, basically ranging from reporting you for being out of compliance with the residency obligation (this is called a 44(1) report, more later) to waving you through with no formal action (perhaps a note to file and/or a warning). [There are a few potential wrinkles in here which can be important but not essential to know at this point.]

In all cases, you WILL be admitted to Canada, where you are allowed to remain and work - in the case of the 44(1) report, temporarily/conditionally.

If you are allowed in WITHOUT the formal report: you are in Canada legally and you can work, live, etc. Once you get the 730 days to be in compliance again, you can apply for a new PR card. In the interim, you basically should not leave the country (you can, of course, but on return you risk getting the 44(1) report which can lead to losing PR status).

A warning that in the interim you can encounter some difficulties in terms of getting things like health care coverage (to some degree depends on province). Work is legal, you are still a PR. For many, the (effective) limitation on travel and other issues make this approach more difficult than it sounds.

44(1) report:
-the number refers to part of the IRP act;
-it formally starts the process of revoking your PR status;*
-it can be appealed (must appeal within 30 or 60 days, I forget which);
-appeal process can take quite a while, eg 6-12 months.

*Some will argue it is at the end of the process, or is the process, since one loses PR status if not appealed. I'm not going to argue semantics on that.

If you lose the appeal, basically you lose PR status. Losing PR status does not preclude you applying and getting PR status again, however that may be unlikely.

Compared to applying from abroad for a PRTD: in brief, the visa offices abroad are more strict than at the borders, so unless you have good H&C reasons, more likely to lose PR status. At the land border, they may have other priorities than writing 44(1) reports, and/or may decide to let the applicant 'prove themselves' by remaining.
 

SuperMarco

Full Member
Jul 23, 2024
43
1
Roma
Category........
BUSINESS
Visa Office......
London
You have misunderstood.

If you enter via the land border, the officer will evaluate your situation and may do one of several things, basically ranging from reporting you for being out of compliance with the residency obligation (this is called a 44(1) report, more later) to waving you through with no formal action (perhaps a note to file and/or a warning). [There are a few potential wrinkles in here which can be important but not essential to know at this point.]

In all cases, you WILL be admitted to Canada, where you are allowed to remain and work - in the case of the 44(1) report, temporarily/conditionally.

If you are allowed in WITHOUT the formal report: you are in Canada legally and you can work, live, etc. Once you get the 730 days to be in compliance again, you can apply for a new PR card. In the interim, you basically should not leave the country (you can, of course, but on return you risk getting the 44(1) report which can lead to losing PR status).

A warning that in the interim you can encounter some difficulties in terms of getting things like health care coverage (to some degree depends on province). Work is legal, you are still a PR. For many, the (effective) limitation on travel and other issues make this approach more difficult than it sounds.

44(1) report:
-the number refers to part of the IRP act;
-it formally starts the process of revoking your PR status;*
-it can be appealed (must appeal within 30 or 60 days, I forget which);
-appeal process can take quite a while, eg 6-12 months.

*Some will argue it is at the end of the process, or is the process, since one loses PR status if not appealed. I'm not going to argue semantics on that.

If you lose the appeal, basically you lose PR status. Losing PR status does not preclude you applying and getting PR status again, however that may be unlikely.

Compared to applying from abroad for a PRTD: in brief, the visa offices abroad are more strict than at the borders, so unless you have good H&C reasons, more likely to lose PR status. At the land border, they may have other priorities than writing 44(1) reports, and/or may decide to let the applicant 'prove themselves' by remaining.
First thank you very much for this clear and detailled email. Indeed, i was wrong. Now things are much clear. What i understand is that in ALL cases I will be allowed to enter the country, but most likely, i will at a future point Loose my PR status (I have true H&C but always complicated to convince) and most probably will be throwed out of the country (i prefer not to appeal).
What i don't get is a minor point on " Losing PR status does not preclude you applying and getting PR status again, however that may be unlikely." => you mean what? that if i apply for a new PR (after losing mine), the chance to be rejected are high? Thank you my friend.
 

SuperMarco

Full Member
Jul 23, 2024
43
1
Roma
Category........
BUSINESS
Visa Office......
London
You have misunderstood.

If you enter via the land border, the officer will evaluate your situation and may do one of several things, basically ranging from reporting you for being out of compliance with the residency obligation (this is called a 44(1) report, more later) to waving you through with no formal action (perhaps a note to file and/or a warning). [There are a few potential wrinkles in here which can be important but not essential to know at this point.]

In all cases, you WILL be admitted to Canada, where you are allowed to remain and work - in the case of the 44(1) report, temporarily/conditionally.

If you are allowed in WITHOUT the formal report: you are in Canada legally and you can work, live, etc. Once you get the 730 days to be in compliance again, you can apply for a new PR card. In the interim, you basically should not leave the country (you can, of course, but on return you risk getting the 44(1) report which can lead to losing PR status).

A warning that in the interim you can encounter some difficulties in terms of getting things like health care coverage (to some degree depends on province). Work is legal, you are still a PR. For many, the (effective) limitation on travel and other issues make this approach more difficult than it sounds.

44(1) report:
-the number refers to part of the IRP act;
-it formally starts the process of revoking your PR status;*
-it can be appealed (must appeal within 30 or 60 days, I forget which);
-appeal process can take quite a while, eg 6-12 months.

*Some will argue it is at the end of the process, or is the process, since one loses PR status if not appealed. I'm not going to argue semantics on that.

If you lose the appeal, basically you lose PR status. Losing PR status does not preclude you applying and getting PR status again, however that may be unlikely.

Compared to applying from abroad for a PRTD: in brief, the visa offices abroad are more strict than at the borders, so unless you have good H&C reasons, more likely to lose PR status. At the land border, they may have other priorities than writing 44(1) reports, and/or may decide to let the applicant 'prove themselves' by remaining.
Please one comment: if i'm authorized to enter the country but with a high probability to be ousted from the country, it might be difficult to rent an appartment and find a job i guess....sad.
 

Naturgrl

VIP Member
Apr 5, 2020
43,459
9,129
Please one comment: if i'm authorized to enter the country but with a high probability to be ousted from the country, it might be difficult to rent an appartment and find a job i guess....sad.
If you have a SIN number then you can work. If you don’t meet residency obligations, you may not be able to get a driver’s license or provincial healthcare. Make sure you have private health insurance. So enter with a lot of funds.
 
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armoured

VIP Member
Feb 1, 2015
16,649
8,478
First thank you very much for this clear and detailled email. Indeed, i was wrong. Now things are much clear. What i understand is that in ALL cases I will be allowed to enter the country, but most likely, i will at a future point Loose my PR status (I have true H&C but always complicated to convince) and most probably will be throwed out of the country (i prefer not to appeal).
To be a bit more clear and specific:
-if you apply from abroad for a PRTD, you may be refused while abroad.
-A fair number of individuals at the border are simply waved through with not much more than a warning.
-At the border you ALSO have the right to make your case - verbally - about H&C reasons, and my impression is that if the person has a plausible case, officers can be reluctant to start the 44(1) report. I.e. they admit with a warning. To be explicit, if they think the H&C case made by the PR at border is decent, they will tend not to do the 44(1).
-Your detailed H&C case in writing would likely be made on appeal. I am making absolutely zero comment about how likely you would be to prevail and don't know why you think your case is complicated. H&C is, arguably, more generous than many think it is, and certainly more lenient than some think it should be - but it's also not infinite.
-I see no reason to rule out appealing in advance.
-I believe that for those who lose all appeals/lose their status, and who agree to leave voluntarily, it is not so abrupt as 'being thrown out' sounds. It doesn't mean you have to leave in shackles. There is no shame as a PR in trying to stay a PR.

So in sum: I don't know about your 'most probably.' My gut is 'most probably' may overstate things.

That said, I'm not trying to encourage you or discourage you in any course of action (well, except hopeless ones or clearly wrong).

What i don't get is a minor point on " Losing PR status does not preclude you applying and getting PR status again, however that may be unlikely." => you mean what? that if i apply for a new PR (after losing mine), the chance to be rejected are high? Thank you my friend.
I should have phrased that in a more neutral way. I only said 'however unlikely' given your own comments about age - i.e. qualifying for some economic streams may not be realistic. Other than that I have no opinion on your chances.

You could also apply as a foreign worker if you find a job/employer willing to support, or any other program. l don't have an opinion about your chances there either.
 
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armoured

VIP Member
Feb 1, 2015
16,649
8,478
Please one comment: if i'm authorized to enter the country but with a high probability to be ousted from the country, it might be difficult to rent an appartment and find a job i guess....sad.
It may be difficult in both cases, but I don't believe there's any reason why a landlord or potential employer would come to know of the status of your appeal, etc.
 

SuperMarco

Full Member
Jul 23, 2024
43
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If you have a SIN number then you can work. If you don’t meet residency obligations, you may not be able to get a driver’s license or provincial healthcare. Make sure you have private health insurance. So enter with a lot of funds.
Great explantion, i get it. I have a sin. So i'll have to organize by myself, i would take a private insurance at 50$ per month and take subway
 

SuperMarco

Full Member
Jul 23, 2024
43
1
Roma
Category........
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Visa Office......
London
It may be difficult in both cases, but I don't believe there's any reason why a landlord or potential employer would come to know of the status of your appeal, etc.
Thanks a lot. Sure you are right, but from myside, i could be interrupted with 2-3 months after entering the country and ask to stop everything and go back home.
 

SuperMarco

Full Member
Jul 23, 2024
43
1
Roma
Category........
BUSINESS
Visa Office......
London
To be a bit more clear and specific:
-if you apply from abroad for a PRTD, you may be refused while abroad.
-A fair number of individuals at the border are simply waved through with not much more than a warning.
-At the border you ALSO have the right to make your case - verbally - about H&C reasons, and my impression is that if the person has a plausible case, officers can be reluctant to start the 44(1) report. I.e. they admit with a warning. To be explicit, if they think the H&C case made by the PR at border is decent, they will tend not to do the 44(1).
-Your detailed H&C case in writing would likely be made on appeal. I am making absolutely zero comment about how likely you would be to prevail and don't know why you think your case is complicated. H&C is, arguably, more generous than many think it is, and certainly more lenient than some think it should be - but it's also not infinite.
-I see no reason to rule out appealing in advance.
-I believe that for those who lose all appeals/lose their status, and who agree to leave voluntarily, it is not so abrupt as 'being thrown out' sounds. It doesn't mean you have to leave in shackles. There is no shame as a PR in trying to stay a PR.

So in sum: I don't know about your 'most probably.' My gut is 'most probably' may overstate things.

That said, I'm not trying to encourage you or discourage you in any course of action (well, except hopeless ones or clearly wrong).



I should have phrased that in a more neutral way. I only said 'however unlikely' given your own comments about age - i.e. qualifying for some economic streams may not be realistic. Other than that I have no opinion on your chances.

You could also apply as a foreign worker if you find a job/employer willing to support, or any other program. l don't have an opinion about your chances there either.
Great comment. Thanks a lot. Now I understand that i could try to get to the border because: - for sure i will be authorized to enter the country, but with in the best case a warning (i don't believe as i usually have bad luck in life) or most probably a H&C case to defend and if the agent is hostile, he will start a 44(1) and i will have to wait for the decision (during which i work and finance myself health care etc.) .

Sure you are right: no shame to tempt to keep a PR status.

Yes sure my age is a negative point for re applying. I will have to earn point with doing english test, doing a degree (which i'm doing with a canadian institution) and yet could be refused.

Many thanks for all.
 
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