Thank you for the detailed answers. I think entering through the border with all the evidences is the safest choice. The A44 report is the result of a PR card renewal without meeting RO, not examination at a PoE. Even I’m surprised at being given another chance despite being outside of Canada.
applying for PRTD after a44 report has been overcome.
- Thread starter MahSh
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Do you have any medical conditions? Being able to obtain a health card will likely be difficult for 2.5+ years until you are able to obtain a PR card. You should make sure to purchase an emergency travel medical insurance policy to at least cover emergencies until you are able to get a valid health card Has U of T asked to see your PR card in order to confirm that you are a PR and qualify as domestic student? If you enter via the US border you need to be prepared to remain in Canada until you are back in compliance with your RO. That could mean over 2 years without seeing family or going to see your home abroad. That is something you need to consider. Many will be fine with this but some will struggle a lot so this is something you should consider. Many international students face significantly significant mental health issues when they come to Canada partly because they have never lived away from their family. Although you are not an international student you have more in common with international students than most PRs so you may be affected by similar issues.
UofT is okay with seeing a verification of status to complete my enrolment. I was thinking once I’m back in Canada and build more ties + i would start studying, ill build a strong renewal case based on H&C from my local IRCC office which is etobicoke
I'd wait and see how the entry at the border crossing goes. Make sure to take a copy of that most recent correspondence from IRCC with you.
It may be that applying for a PR card based on H&C makes sense but your situation is a bit unusual.
Have you asked U of T what they will accept in terms of verification of status? Other than valid PR card there is no proof that you still have PR status. You can still be a PR without a valid PR card but most universities are often not familiar with immigration. In the case of PRs without a valid PR card people have proof that they have not left Canada or have maybe gone the the US by car for a short a short period of time but otherwise have been living in Canada since they landed.
If you manage to avoid being reported at the land border it is best to wait the 2 years and then apply for PR card renewal. Processing for PR card based on H&C is often a long process and is typically over a year so you are taking a large risk but if approved you may not get the PR card much faster.
Update: i entered canada through the land border. They only took me inside secondary to confirm the notes on file regarding my case and decision by IRCC. They just told me to apply for a renewal which i will be doing immediately. It wasn’t complicated at all, they already had everything, even the correspondence between me and the MD after I got my decision.
Unfortunately it’s just par for the course on a Government department not doing their job
Really not surprised
Surprised when they do enforce the laws
It’s annoying when the CRA goes after Canadians for unknowingly following the rules , there’s penalties, interest for non compliance. Then there’s the good ole IRCC
The H&C department where basically there’s no rules.
Anything goes
update: I entered through the border without any issues on 12th July. Applied for PR renewal 14th July. Received email to pick it up 1st october. Picked it up 16th october. Its a five-year card and from the expiry date it was issued on 19th september, within my processing time.
Thanks for coming back and updating. This is helpful for others.
You are now on a rolling requirement to be compliant with your RO it is not longer a 5 year period like your initial PR card. Your best option is to remain in Canada for the next 2 years so you are back in compliance.
Not really. When I entered through the border in July the border agent said I will start my 5 year RO period from now. I also travelled in December to my country for a month without any issues. I am also travelling in the summers.
I wouldn't count on the verbal statement by the border agent. In other words: not technically correct. You may benefit in practice from leniency based, basically, on the previous decision and a new PR card (they tend to treat new PR cards / those with several years left) as effectively showing compliance. And it may not be likely given the decision was rather recent. But it is not a 'start over' as if your first five year period, it remains a rollin
This may be fine for most purposes, esp if trips abroad not long. But if you stay out much longer and/or appear not to be living full-time in Canada, they might look into it in more detail.
Although technically they could at any time, really. That may not be very likely, but I doubt anyone could tell you with certainty.
Up to you. Given the history, I think overall you'd prefer not to have the file re-opened. Chances of issues will go up the more often you pass borders/have significant periods of time abroad. Your choice. I'd note that often a 'flag' of previous non-compliance remains visible to cbsa officers for quite some time (even when circumstances have changed).
Once you do have 730 days + in the relevant period, the issue is resolved though.
As others have commented most border agents are not experts in immigration. This just confirms it. Travel st your own risk until you are compliant with your RO. As we are seeing the US (extreme example) immigration enforcement can change. We are already seeing Canada tightening policies.
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