I have heard that if I am reported I will get 60 days to appeal, when will i get result of appeal? within those 60 days?
If it is going to take 2 years- will i be able to work, will i get a temporary status or proof that i can show to my employer?
60 days is your time to appeal, not for IRCC to provide result of appeal. It may be months or longer. If you get reported, your time spent in Canada waiting for the appeal likely won't count towards your RO.
One correction, a big correction: 30 days to appeal. Not 60.
If an application for a PR TD is denied, the PR has 60 days to appeal that. When a Removal Order is issued (what many in this forum call being "
reported"), the PR has just 30 days to make the appeal.
Otherwise the responses by others mostly cover it. In particular . . .
As
@YVR123 noted, an appeal likely takes months to be heard and decided. In the not too distant past some of these appeals did take more than a year, as
@scylla said, and some even longer, but that appears to have been largely Covid related, while more recently it appears that many if not most of these are finalized in less than eight or ten months, more than a few less than that.
(Note: Most of what we know about the timeline for appeals is based on extrapolating from known cases and that lags real time by many months, at the least, so the trend can change well before we are aware of it here. That said, last indicators are that appeal timelines are getting faster.)
As
@YVR123 also noted, the days spent in Canada pending the appeal will not be credited as days in Canada for purposes of calculating how much in breach of the RO you are at time of the appeal. They can help, but that is mostly in the sense that staying here pending the appeal helps show a commitment to establishing ties in Canada, whereas being outside Canada while the appeal is pending tends to be a negative, or even big negative factor (it is surprising how many will leave Canada while their appeal is pending).
@scylla largely covered the situation if you are rather fortunate to be waived through at the border, not subject to a section 44(1) Report and Inadmissibility proceeding resulting in a Removal Order (again, this is what many here call being "
reported").
I will just add some details in regard to the procedure if a 44(1) Report is prepared at the Port-of-Entry (PoE).
(Note: This is how it should go, according to established guidelines, and how it typically goes; however, how it goes in any particular case can vary.)
First, being "
reported" is more likely than being waived through, even though we see many anecdotal reports of PRs in breach of the RO being waived through. Again,
@scylla largely covered the situation if you are rather fortunate to be waived through, and it is worth emphasizing that if this happens your best chance of keeping PR status and successfully sponsoring your spouse will be to WAIT before making any application for a PR card or application to sponsor.
If you are not waived through the PoE by the first officer, the Secondary officer might waive you through (and if so, again
@scylla covered that) or question you about RO compliance (ask questions about when and how long you have been in Canada). It is that officer who decides whether to prepare a 44(1) Report.
If the Secondary officer prepares a 44(1) Report you will then be interviewed (in person or by telephone, usually while you are still in the PoE) by another officer who will decide whether to allow you to keep PR status or issue a Removal Order. You will have an opportunity to make your H&C case to this officer (who is acting in the role of a Minister's Delegate).
If the officer acting in the role of a Minister's Delegate is not persuaded by your H&C reasons, that officer issues a Removal Order, and you then have 30 days to appeal.
If you persuade this officer you should be allowed to keep PR status, there will be no need to appeal. Indeed, if that happens you might not need to wait two years to make a PR card application, or an application to sponsor your spouse. Better to get firmly established here, first, before making these applications. In particular, with the positive H&C decision you will probably be OK not waiting a full two years (hard to say how long to wait to be safe, long enough to get established at the least, and you will still need to make the H&C case again in a PR card application if you make that before spending 730 days here).
However, based on anecdotal reports of PoE experiences, if no Removal Order is issued it might be difficult to know, for sure, whether you were waived through or if there was a 44(1) Report and it was set aside for H&C reasons. It appears that the officers often do not clearly communicate to the traveler the particulars of the procedure except for the issuance of a Removal Order. To be safe, if no Removal Order is issued best to WAIT two years to make applications UNLESS you are sure there was a 44(1) Report and then a decision by another officer to set that aside for H&C reasons.
Additional Caution:
"My husband has TRV to enter canada and we are travelling to start my sponsorship application."
A TRV does NOT guarantee being allowed entry into Canada. The TRV is authorization to enter Canada, but the traveler must still get permission to actually enter Canada at the PoE. A border officer can deny entry, or allow entry subject to an order to leave Canada within a short period of time, if the officer concludes the traveler is intending to stay in Canada (that is, if it appears the traveler is not coming to Canada
temporarily).
I have not been following how these things go much for a number of years, now, so I cannot say much about what typically happens, let alone what will happen. I do not even know whether it is likely you will be questioned together or separately. And the information submitted attendant obtaining the TRV, which I know nothing about, may influence how things go.
So this is just a
heads-up caution to make you aware that your situation is probably at least a little more tricky than most PRs who are in RO breach trying to get back into Canada to establish a life here. And, in particular, how things go could very much depend on how the two of you present your situation to border officials. They should recognize what is called "
dual intent," so even if the officers perceive the two of you are coming here hoping to stay, as long as they know your spouse intends to leave Canada timely, depending on whether status to stay is extended or PR status is granted, they should allow your spouse to enter on the TRV (with a lot of emphasis on they
should, not necessarily what they will do). Again, this is an aspect that I have not been paying much attention to now for several years, and a lot depends on the particulars of your situation and what you actually intend, so I cannot suggest how you should approach this . . . other than to be cognizant that if you are making the case you should be allowed to keep PR status based in large part on reasons why you are just now coming to stay, that could cause border officials to be concerned your spouse is coming to stay. You may find more current and helpful guidance about this in the forums here for temporary visitors.
