Departure order is recommended!

[Sarah2017]

HELLO ALL
I applied to renew my Pr card with out meeting my RO with H and C for Valid reasons- death of a family and a child being held outside of Canada.
I was called for an interview and the officer did not consider my reasons and told me I will be issued one year pr card and I will be called for second interview to determine my status.

And I was given a letter by the end of interview title
Report under subsection 44(1) amd at the end of the report it said

Issuance of departure order is recommended!

and at the same time I was issued a one year Pr card!

my questions are:
will for sure I will be receiving the deportation order or no?

When will be my next interview?

Also the new Pr expired by the end of 2026 and by that time I will be meeting the 730 days.

Please any information will help thanks

 

[scylla]

HELLO ALL
I applied to renew my Pr card with out meeting my RO with H and C for Valid reasons- death of a family and a child being held outside of Canada.
I was called for an interview and the officer did not consider my reasons and told me I will be issued one year pr card and I will be called for second interview to determine my status.

And I was given a letter by the end of interview title
Report under subsection 44(1) amd at the end of the report it said

Issuance of departure order is recommended!

and at the same time I was issued a one year Pr card!

my questions are:
will for sure I will be receiving the deportation order or no?

When will be my next interview?

Also the new Pr expired by the end of 2026 and by that time I will be meeting the 730 days.

Please any information will help thanks

Time to hire an immigration lawyer

 

[Sarah2017]

I know but !!!! I contacted 3 different lawyers
and each one told me different scenarios!!!

 

[Buletruck]

HELLO ALL
I applied to renew my Pr card with out meeting my RO with H and C for Valid reasons- death of a family and a child being held outside of Canada.
I was called for an interview and the officer did not consider my reasons and told me I will be issued one year pr card and I will be called for second interview to determine my status.

And I was given a letter by the end of interview title
Report under subsection 44(1) amd at the end of the report it said

Issuance of departure order is recommended!

and at the same time I was issued a one year Pr card!

my questions are:
will for sure I will be receiving the deportation order or no?

When will be my next interview?

Also the new Pr expired by the end of 2026 and by that time I will be meeting the 730 days.

Please any information will help thanks

Since you've been issued a 44(1), time in Canada won't count towards RO until a decision is made in your favour.

 

[scylla]

I know but !!!! I contacted 3 different lawyers
and each one told me different scenarios!!!

What were the different scenarios?

 

[Sarah2017]

1- I will not be called for second interview until I apply to renew my PR card next year.

2- I will bb receiveing a departure order for sure within this year.

3- As it says recommended so I might not receive any orders and I just wait to fulfil my obligations.

And also, one said I will definitely be called for a second interview to mad a final decision.

Im lost ! all of the above were given to me by immigration lawyers

 

[Sarah2017]

FORGOT TO MENTION that (44)1 is always handed woth (44) 2 and as was only given one it dose not mean the departure order is issued
as the one of the lawyers explained

Admissibility hearings before the Immigration Division (ID)
Report & referral: An officer who believes that a permanent resident or foreign national in Canada is inadmissible may prepare a report for the Minister: IRPA s. 44(1). If the Minister believes the report is well-founded, the Minister may refer the report to the ID for an admissibility hearing: IRPA s. 44(2).

 

[armoured]

HELLO ALL
I applied to renew my Pr card with out meeting my RO with H and C for Valid reasons- death of a family and a child being held outside of Canada.
I was called for an interview and the officer did not consider my reasons and told me I will be issued one year pr card and I will be called for second interview to determine my status.

And I was given a letter by the end of interview title
Report under subsection 44(1) amd at the end of the report it said

Issuance of departure order is recommended!

and at the same time I was issued a one year Pr card!

my questions are:
will for sure I will be receiving the deportation order or no?

When will be my next interview?

Also the new Pr expired by the end of 2026 and by that time I will be meeting the 730 days.

Please any information will help thanks

You would be better to post in the forum on residency obligation which considers these more often and posters/cases somewhat similar.

https://www.canadavisa.com/canada-immigration-discussion-board/forums/permanent-residency-obligations.11/

First, this is why it is usually recommended to NOT apply to renew PR card until in compliance.

And repeat: you need a lawyer.

Then the best we can say:
-this appears to be a full 44(1) report, which I believe MUST have another officer's review. Is it signed or make reference to a 'Minister's Delegate'?

-if so, that would appear to be - therefore - not just a recommendation but a decision that you have not met RO - and that the H&C reasons are not sufficient to overcome that deficiency. (This is not legal language, my paraphrase).
-also if so: you would have a period within which to appeal this. That would appear to make sense with the above (your card is valid until end 2026). You can remain in Canada, work, etc., while your appeal is being processed, heard and decided.

Now caveat: it could be this is not a complete 44(1) report, but awaits an interview with the Minister's Delegate (another officer of IRCC/CBSA), and just a recommendation.

It's possible there are other scenarios.

 

[armoured]

1- I will not be called for second interview until I apply to renew my PR card next year.
...
3- As it says recommended so I might not receive any orders and I just wait to fulfil my obligations.

And also, one said I will definitely be called for a second interview to mad a final decision.

Referring to my post above: I think both of these comments are consistent with the scenario that this was NOT a complete 44(1) report but effectively the submission to Minister's Delegate. If so, there is not much you can do but prepare for eventual second interview - but first and foremost, remain in Canada.

It may happen, it may happen in many months, it may not happen if the other officer reads the submission and decides 'not worth it, let's not bother with an interview, just drop it.' (Hopefully you would be advised of this but not 100% certain).

2- I will bb receiveing a departure order for sure within this year.

This does not sound correct to me: if the formal 44(1) were prepared and approved by the M-D, the text should have indicated that you can appeal.

So a question: did ANY of the lawyers indicate that you should file notice of appeal right away?

 

[armoured]

FORGOT TO MENTION that (44)1 is always handed woth (44) 2 and as was only given one it dose not mean the departure order is issued
as the one of the lawyers explained

Admissibility hearings before the Immigration Division (ID)
Report & referral: An officer who believes that a permanent resident or foreign national in Canada is inadmissible may prepare a report for the Minister: IRPA s. 44(1). If the Minister believes the report is well-founded, the Minister may refer the report to the ID for an admissibility hearing: IRPA s. 44(2).

Do you have the reference/text from which you got this?

 

[Sarah2017]

thanks for your answer

my main concern is will this time count or not. ??

Non of the lawyers said I have to appeal OR do anything now Just WAIT AND SEE WHAT NEXT !

which is the most difficult part is waiting
and here is the link

https://www.irb-cisr.gc.ca/en/transparency/pac-binder-nov-2020/Pages/pac5a.aspx

 

[Buletruck]

My girlfriend was a student in Canada almost 6 years ago. She was granted a 3 work permit. A day after her work permit expired, she applied for PR and mistakenly applied for a paper-based extension of her work permit instead of an open bridge work permit, even though none applied to her because bowp is only good after you get an ITA. The application was returned to her because, I believe, she did not submit all the required documents. After consulting with an unlicensed immigration consultant, she resubmitted the same application to a new CPC address. She continued working with an expired work permit for 6-8 months. She did not hear back about the work permit extension file she submitted. She received an ITA for her PR file but did not follow through with the application and let it expire because she again lacked the required documents. Eventually, she decided to return home on her own accord. Now she is planning to apply for PR and is worried she might be inadmissible to Canada. Is there any way to know if she was issued a deportation/exclusion order? She did not receive any physical copy or an email about it from IRCC.

How about starting your own thread instead of hijacking other people's. Your problem is in no way relevant to the conversation that's going on.

 

[armoured]

thanks for your answer

my main concern is will this time count or not. ??

Non of the lawyers said I have to appeal OR do anything now Just WAIT AND SEE WHAT NEXT !

which is the most difficult part is waiting
and here is the link

https://www.irb-cisr.gc.ca/en/transparency/pac-binder-nov-2020/Pages/pac5a.aspx

Please post in the residency obligation forum for a better chance of getting an answer to this specific question.

My understanding is that no, days from the day they issued this report will not count. But I do not know for certain.

It is still a positive that all the lawyers think this is not at the stage where you need to appeal.

 

[armoured]

and here is the link

https://www.irb-cisr.gc.ca/en/transparency/pac-binder-nov-2020/Pages/pac5a.aspx

I think this section is not the appropriate one, but rather here:
https://www.irb-cisr.gc.ca/en/transparency/pac-binder-nov-2020/Pages/pac5b.aspx

Issuance of a removal order by an officer – Permanent resident: If the Minister believes the report is well-founded, in the case of a permanent resident who is inadmissible solely for contravening the residency obligation under IRPA s. 28, an officer may make a removal order (departure order). IRPA s. 44(2), Regulations s. 228(2).

The underlining above is mine. I am not sure that the ID/IAD part of the IRB gets involved at this stage.

That's why I think the officer + minister's delegate stage is not complete. If it were, they could have directly issued the removal/departure order.

But I'm not an expert, nor a lawyer, and again, recommend posting in the more specific forum.

These seemingly minor differences can be quite important - notably, again, for whether they count your days from the date of the report.