Got a follow up call after 44(1) report
- Thread starter Canadahelpme123
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I believe you are referring to something else.
Those applying for a renewal based on H&C considerations don't necessarily have pending removals or other issues; in many cases the only issue is non-compliance with the residency obligation.
You can see this in the PR card renewal/PRTD where if non-compliant, one has the option to put in H&C reasons.
It can still take the time mentioned above, but we cannot say how long. It is still somewhat risky, as it can result in having one's PR status revoked for non-compliance - BUT if one is in Canada, it seems in many cases IRCC just slow-walks the PR card renewal app and/or calls the applicant in for card pick up (in which in most cases an applicant in Canada seems to get the PR card handed over after a few questions, i.e. it looks mostly like a check that the PR is still residing in Canada).
In both cases, you could interpret this as mostly meaning that IRCC is letting the PR demonstrate they intend to reside in Canada by ... actually residing in Canada. And mostly not leaving the country makes all the difference.
Again, this MAY not at all apply to those with removal orders or other issues - different situation entirely, I think.
Approximately 40 days are for those who have met RO and often with a buffer period and infrequent travel. Processing of your PR card renewal will take substantially longer but how long is hard to determine.
In my recent experiences, without meeting RO…
- approximately 9-12 months to being summoned for first interview to be either issued 5 year card or 1 year card if officer decide to write 44(1)
- if 44(1) is written, another 2 years or so until a ministers delegate picks up the file either issue a removal order or summon you for another interview
- from here if issued removal order and appealed, less than a year to appear at the tribunal.
- approximately 9-12 months to being summoned for first interview to be either issued 5 year card or 1 year card if officer decide to write 44(1)
- if 44(1) is written, another 2 years or so until a ministers delegate picks up the file either issue a removal order or summon you for another interview
- from here if issued removal order and appealed, less than a year to appear at the tribunal.
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Hi Canadahelpme123
I faced a similar situation just yesterday on 1st Jan 25. I entered the land border with my family through Buffalo and the CBSA officer filed 44(1) against us saying we didn't meet PR obligations of 730 days . He said I will get a call and will be asked to come as he has escalated my case to his superior. I did my landing in 2019 but came to Canada a few times for 2 weeks on each occasion. Now that I came in to settle permanently on Jan 1 2025 with my family , I got this report from CBSA for 44(1). What HC grounds reasons did you give so I can be prepared when I get a call or if I am asked to come and defend myself? My son was also born in the US and I need to apply for his sponsorship also. I would really appreciate your support as I am in exactly the same situation like you to wait for the next step on my 44(1).
Thanking you in advance
Regards
Stressed new PR settler
FYI - You want your H&C reasons to be unique to you. They should not be generic since you may need to support them with evidence. What kept you from meeting the residency requirement?
Thank you Scylla. I understand that it should be unique and mine was primarily due to covid Pandemic. But it might also trigger some point that I may not be thinking of.
Anything else? The COVID pandemic ended a few years ago so you can't really point to that at this point.
Generally working or studying outside of Canada is not accepted as an H&C argument - or is a weak H&C argument.
Generally a stronger argument can be something like having to return to your home country for an extended period of time to take care of an immediate relative who was extremely ill. For example, taking care of a terminally ill parent where you are the only child or there are no siblings living in the home county who can assist in taking care of that parent.
I recently had the experience and was successful to clear 44(1) reports on PR obligations. Let me first say that COVID-19 alone is not a sufficient ground because the borders are open for PR and there were commercial flights.
Some considerations for H&C:
- Degree of breach. A significant breach will require significant overcoming factors
- Whether there were absolute reasons why you cannot travel to Canada (jobs generally cannot factor positively). Like previous poster said, taking care of ill family member when no one else is available
- Degree of establishment in Canada such as jobs, economic interest (house, properties), families impact.
- Extraordinary hardship if were to be removed from Canada.
Typically cases that succeed shows applicants are already established here, showed strong intention / proved that they have settled here, showed degree that the reason they cannot travel was beyond their control, and that their removal would cause significant hardship. All of these factors when demonstrated can lead to successful H&C case.
Cases that do fail at tribunal show that the applicant still has ties to other countries, shows that the reason they didn't meet their RO is due to jobs, reasons that cannot be explained, have little establishment in Canada.
Good luck!
It’s whatever reasons YOU had or have for failing to meet the lenient RO.
Covid isn’t a reason .