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Got a follow up call after 44(1) report

armoured

VIP Member
Feb 1, 2015
17,646
9,151
What did your lawyer say? As per my understanding, it should be 40 days.

HC timeline applies once you have been ordered removal and then appeal for HC.

Right now you have not even been issued removal order so you cannot even appeal for HC.
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.
 

canuck78

VIP Member
Jun 18, 2017
56,284
13,754
What did your lawyer say? As per my understanding, it should be 40 days.

HC timeline applies once you have been ordered removal and then appeal for HC.

Right now you have not even been issued removal order so you cannot even appeal for HC.
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.
 

ethelstan

Full Member
Sep 16, 2016
37
22
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.
 
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