Appeal on Residency Obligation

[primaprime]

- What documents are checked at PoE?
- Is there a chance of not being allowed to enter Canada at PoE? Why?
- What will happen after not being allowed? Will IRCC be informed about the person?

You need to satisfy them that you're a PR, so you would presumably bring your expired PR card. They cannot refuse you entry as a PR, but will likely write an A44(1) report and issue you a removal order, as non-compliance with your RO makes you inadmissible to Canada. You will have to appeal against the order within 30 days.

 

[piedpiper]

You need to satisfy them that you're a PR, so you would presumably bring your expired PR card. They cannot refuse you entry as a PR, but will likely write an A44(1) report and issue you a removal order, as non-compliance with your RO makes you inadmissible to Canada. You will have to appeal against the order within 30 days.

Let me get this right.
A person enters Canada at PoE with expired PR Card & is probably issued a Removal Order for not meeting RO. Then he/she starts living & working in Canada. If issued a Removal Order, he/she will appeal against it within 30 days from date of issue. He/she will continue living & working until decision is made on the Appeal, say after 2 years.

 

[canuck78]

Let me get this right.
A person enters Canada at PoE with expired PR Card & is probably issued a Removal Order for not meeting RO. Then he/she starts living & working in Canada. If issued a Removal Order, he/she will appeal against it within 30 days from date of issue. He/she will continue living & working until decision is made on the Appeal, say after 2 years.

Appeals can be faster. Yes and they can still be denied even if they are living and working during the appeal time. The time you spend in Canada during an appeal doesn’t count towards your RO if your appeal is denied.

 

[piedpiper]

Appeals can be faster. Yes and they can still be denied even if they are living and working during the appeal time. The time you spend in Canada during an appeal doesn’t count towards your RO if your appeal is denied.

- If I am right, it should be much better to file an Appeal from inside Canada than from outside.
- Is it possible to live & work in Canada with an expired PR Card without facing any restrictions? Can Health Card be renewed during this period?
- If the Appeal fails, what is the next step? Should the person pack up & leave Canada?

 

[cabamba]

As long as you are a PR, you are entitled to "enter" Canada. So, if you can travel to a Canadian PoE, you can enter Canada and stay. No need to wait for a decision on the PR TD. If the PR TD application is denied you can do this before filing the appeal, for up to 60 days, or after filing the appeal.

If you have not been in Canada for more than a year, it is NOT likely you would be issued a special PR TD to come to Canada pending the appeal. Which means you will not be allowed to board an airline flight coming to Canada since you do not have either a valid PR card or a PR TD.

That is, there is a difference between being allowed into Canada versus the available means of travel to Canada. In particular, for most people that means the only way to get to Canada is to travel to the U.S. and then in the U.S. travel to a land border crossing into Canada.

I do not know or pay much attention to who or how or when non-Americans can travel to the U.S. (it is *hole country I avoid as much as possible, which is not easy because I have family and friends there). But if a PR abroad can travel to the U.S., that is one of the ways a PR can get back to Canada, and once the PR reaches a PoE into Canada the PR will be allowed to enter Canada.

@dpenabill Really appreaciate your detailed insights. I have a slightly tangential question: if one loses their PR due to not fulfilling their residency obligations and/or the PR card expires, and they apply again for a PR, say a few years later; will the loss of the first PR have any impact on the PR application down the road? And also, is there any advantage to voluntarily surrendering a PR?

 

[primaprime]

- If I am right, it should be much better to file an Appeal from inside Canada than from outside.
- Is it possible to live & work in Canada with an expired PR Card without facing any restrictions? Can Health Card be renewed during this period?
- If the Appeal fails, what is the next step? Should the person pack up & leave Canada?

You can remain in Canada as a PR while the appeal is ongoing but cannot cure the breach of the RO by doing so. Your health card is up to the province. If refused and you do not appeal further to the Federal Court for judicial review, the removal order takes effect and you have to leave Canada.

 

[dpenabill]

@dpenabill Really appreaciate your detailed insights. I have a slightly tangential question: if one loses their PR due to not fulfilling their residency obligations and/or the PR card expires, and they apply again for a PR, say a few years later; will the loss of the first PR have any impact on the PR application down the road? And also, is there any advantage to voluntarily surrendering a PR?

The fact that a PR card expires does NOT affect a PR's status. Not directly anyway (PRs abroad who do not possess a valid PR card are presumed to not have valid PR status, but this is largely procedural, only affecting the PR's burden of proof when applying for a PR Travel Document. Which is to say that PR status is not lost if the PR card expires.

Moreover a PR remains a PR unless and until there is a formal adjudication that PR status is terminated, no matter how long the PR has been in breach of the Residency Obligation. A PR is NOT a Foreign National and thus cannot apply for PR again until status is officially terminated. The process is (1) complete and submit the form for voluntary renunciation of status, or (2) apply for a PR TD and status is terminated when that application is denied (technically this does not officially happen until the time to appeal has run out), or (3) get issued a 44(1) Report and Removal Order at a PoE.

BUT I am no expert. And I have not paid much attention to the other particular aspects you ask about.

I can say that in general there is no penalty or disadvantage for having had and lost PR status before. No advantage or disadvantage related to the manner in which prior status was terminated.

But of course the individual details matter. Even if there is no overt accusation of misrepresentation, for example, if IRCC or CBSA suspected deceit or subterfuge, and flagged the client's GCMS records, I would anticipate (but I do not know) that could affect subsequent transactions with Canadian immigration authorities.

 

[SecularFirst]

Hello,
I was 5 months short on my RO and was let in after secondary without any reporting. Officer asked me a lot of questions but seems satisfied at the end, stamped my passport with entry stamp and let me go. I am now living and working in Canada. I plan to live in Canada for 3 years straight without stepping out. I applied and received DL and provincial health Card.
I am now settled in Canada with full time job, bought a car and in process of buying a house. My parents want to visit me. They want to apply for visitor visa. Will there be any issues if my parents apply for visitor visa?
I am aware to not apply for renewal of my PR or any sponsorship before finishing 2 straight years and coming back in RO compliance. Will that also apply if my parents apply for visitor visa??

 

[primaprime]

Hello,
I was 5 months short on my RO and was let in after secondary without any reporting. Officer asked me a lot of questions but seems satisfied at the end, stamped my passport with entry stamp and let me go. I am now living and working in Canada. I plan to live in Canada for 3 years straight without stepping out. I applied and received DL and provincial health Card.
I am now settled in Canada with full time job, bought a car and in process of buying a house. My parents want to visit me. They want to apply for visitor visa. Will there be any issues if my parents apply for visitor visa?
I am aware to not apply for renewal of my PR or any sponsorship before finishing 2 straight years and coming back in RO compliance. Will that also apply if my parents apply for visitor visa??

No, your RO status has nothing to do with your parents' ability to enter as visitors.

 

[piedpiper]

Hello,
I was 5 months short on my RO and was let in after secondary without any reporting. Officer asked me a lot of questions but seems satisfied at the end, stamped my passport with entry stamp and let me go. I am now living and working in Canada. I plan to live in Canada for 3 years straight without stepping out. I applied and received DL and provincial health Card.
I am now settled in Canada with full time job, bought a car and in process of buying a house. My parents want to visit me. They want to apply for visitor visa. Will there be any issues if my parents apply for visitor visa?
I am aware to not apply for renewal of my PR or any sponsorship before finishing 2 straight years and coming back in RO compliance. Will that also apply if my parents apply for visitor visa??

- What documents did the Officer check?

- Which was your Port of Entry (POE)? From where did you travel to the POE, if I may know?

 

[SecularFirst]

- What documents did the Officer check?

- Which was your Port of Entry (POE)? From where did you travel to the POE, if I may know?

I just handed my passport and PR card. He never asked for more. It was at Toronto Airport.

 

[piedpiper]

- Can I enter Canada at POE on road from US after I have filed the Appeal from outside Canada?

- Should I mention that I have already filed the Appeal & show any proof?

- Will this affect the Appeal ?

 

[primaprime]

- Can I enter Canada at POE on road from US after I have filed the Appeal from outside Canada?

- Will this affect the Appeal ?

Unless and until your PR is revoked, you can enter Canada at a land border crossing.

 

[canuck78]

Hello,
I was 5 months short on my RO and was let in after secondary without any reporting. Officer asked me a lot of questions but seems satisfied at the end, stamped my passport with entry stamp and let me go. I am now living and working in Canada. I plan to live in Canada for 3 years straight without stepping out. I applied and received DL and provincial health Card.
I am now settled in Canada with full time job, bought a car and in process of buying a house. My parents want to visit me. They want to apply for visitor visa. Will there be any issues if my parents apply for visitor visa?
I am aware to not apply for renewal of my PR or any sponsorship before finishing 2 straight years and coming back in RO compliance. Will that also apply if my parents apply for visitor visa??

A TRV is primarily based on their own finances, ties to their home country and previous international travel like any other visitor.

 

[canuck78]

- If I am right, it should be much better to file an Appeal from inside Canada than from outside.
- Is it possible to live & work in Canada with an expired PR Card without facing any restrictions? Can Health Card be renewed during this period?
- If the Appeal fails, what is the next step? Should the person pack up & leave Canada?

As long as you have a SIN# you can work. Reapplying for a healthcare may be more difficult. If you have a family do they all have PR because if not that could lead to a 3 year separation.