Expired PR card crossing borders and CBSA asked to contact IRCC

[hangshus]

Hello guys,

Here is my story, and I need some opinions.

My PR card expired two and a half years ago and over the last 5 years, I only lived in Canada for 9 months. When I crossed the border recently with my expired PR card by land from US, I was asked to talk to one of the officers in the building. The officer didn't issue me A44 reports nor ask me to sign any document to waive my permanent resident status. Instead, regular questions regarding if I meet the residence obligation, i.e. have you accompanied a spouse who is a Canadian citizen overseas, have you been employees by a Canadian firm overseas, etc.

After getting negative answers for all those questions, the officer asked my future plan and I said I would live here permanently. Then the officer asked for my phone number and address. Last the officer asked me to book an appointment with my local IRCC office and let them decide if my permanent residence status is still valid.

Here is my question? Have CBSA informed the IRCC yet? I know the formal approach to inform IRCC is to issue A44 reports. Should I contact IRCC at all or should I wait to see if I receive any phone calls or mails from IRCC for an in-person interview? My original plan was to stay in the country until I meet the residence obligation and then renew the PR card. If I contact IRCC now, they would know I didn't meet the residence obligation. What should I do guys?

 

[scylla]

Hello guys,

Here is my story, and I need some opinions.

My PR card expired two and a half years ago and over the last 5 years, I only lived in Canada for 9 months. When I crossed the border recently with my expired PR card by land from US, I was asked to talk to one of the officers in the building. The officer didn't issue me A44 reports nor ask me to sign any document to waive my permanent resident status. Instead, regular questions regarding if I meet the residence obligation, i.e. have you accompanied a spouse who is a Canadian citizen overseas, have you been employees by a Canadian firm overseas, etc.

After getting negative answers for all those questions, the officer asked my future plan and I said I would live here permanently. Then the officer asked for my phone number and address. Last the officer asked me to book an appointment with my local IRCC office and let them decide if my permanent residence status is still valid.

Here is my question? Have CBSA informed the IRCC yet? I know the formal approach to inform IRCC is to issue A44 reports. Should I contact IRCC at all or should I wait to see if I receive any phone calls or mails from IRCC for an in-person interview? My original plan was to stay in the country until I meet the residence obligation and then renew the PR card. If I contact IRCC now, they would know I didn't meet the residence obligation. What should I do guys?

I would remain in Canada without leaving for 2 straight years to meet the residency obligation and only then apply to renew your PR card. I would not contact IRCC now.

It's possible CBSA has informed IRCC of something but I would still do as the above.

 

[Ponga]

Hello guys,

Here is my story, and I need some opinions.

My PR card expired two and a half years ago and over the last 5 years, I only lived in Canada for 9 months. When I crossed the border recently with my expired PR card by land from US, I was asked to talk to one of the officers in the building. The officer didn't issue me A44 reports nor ask me to sign any document to waive my permanent resident status. Instead, regular questions regarding if I meet the residence obligation, i.e. have you accompanied a spouse who is a Canadian citizen overseas, have you been employees by a Canadian firm overseas, etc.

After getting negative answers for all those questions, the officer asked my future plan and I said I would live here permanently. Then the officer asked for my phone number and address. Last the officer asked me to book an appointment with my local IRCC office and let them decide if my permanent residence status is still valid.

Here is my question? Have CBSA informed the IRCC yet? I know the formal approach to inform IRCC is to issue A44 reports. Should I contact IRCC at all or should I wait to see if I receive any phone calls or mails from IRCC for an in-person interview? My original plan was to stay in the country until I meet the residence obligation and then renew the PR card. If I contact IRCC now, they would know I didn't meet the residence obligation. What should I do guys?

I concur with the suggestions from @scylla

At this point, you have no idea if CBSA has taken any action towards informing IRCC that you appear be out of compliance regarding the required residency obligation to maintain PR Status.

You should also start to create the narrative that you may need if IRCC contacts you regarding your status. Having not lived in Canada and alreday being out of compliance, you should determine what, if any, H&C grounds you may have to appease IRCC if they start the process to revoke your status.

 

[armoured]

It's possible CBSA has informed IRCC of something but I would still do as the above.

I fully agree with this. We are seeing here a few similar reports, and I think it's just CBSA being lazy and not wanting to do the A44 themselves - and a few cases (albeit infrequent) where the PR contacted IRCC or applied for PR card (basically upon advice of CBSA) then had problems. Up to and including A44 report.

CBSA does not have to have your best interests in mind. Even if it did, IRCC makes its own decisions.

Anyway, whatever anyone might think of CBSA's approach: I think it is only in your best interests to remain in Canada and delay any interaction with IRCC until you are in compliance with the RO - and if you can't wait for those full two years, as long as you can (the closer to in compliance with residence in Canada, the better).