SORRY, MUST SHOUT: WHOA
Odds are
@sgaur is deemed INADMISSIBLE. There are other possibilities, but the likelihood of INADMISSIBILITY looms large.
In particular . . .
@sgaur --
There is a significant
probability that you are at least deemed INADMISSIBLE, and thus NOT eligible to be issued a PR card based on having been issued a 44(1) Report of Inadmissibility for a breach of the PR Residency Obligation. This appears to be the most likely situation. (In which case the days you have been spending in Canada would
NOT COUNT toward compliance with the PR Residency Obligation.)
It is possible you do NOT have PR status, that there was a determination made
in absentia to issue a Departure (or Removal) Order based on that report. Or a Departure Order was issued at the PoE and you misunderstood what would happen next.
It is possible a Minister's Delegate reviewed the 44(1) Report of Inadmissibility
in absentia and made a determination in your favour, based on H&C reasons. This seems less likely than the other potential outcomes of the Report you were issued at the PoE two years ago.
It is also possible that CBSA/IRCC have intentionally left the Report in limbo, waiting for your next interaction, which could bode well in terms of a review of the report resulting in a favourable H&C decision.
WHAT TO DO?
YOU COULD TELEPHONE THE HELP CENTRE AND INQUIRE AS TO YOUR STATUS, USING YOUR CLIENT NUMBER. AND THEN PROCEED ACCORDINGLY BASED ON WHAT YOU LEARN.
(For example, if you learn that there is NO problem with your status, then you are GOOD to go, as in good to stay, as in OK to apply for a new PR card. CAVEAT: this seems unlikely . . . but there is perhaps a decent chance it is OK.)
OTHERWISE, REVIEW THE PARTICULAR DETAILS IN THE REPORT ITSELF. IF YOU CAN AFFORD A LAWYER, THEN SEE A LAWYER.
Longer explanation:
I entered in Canada from US border just 2 years back. I was 23 year old at that time. The officer at border made a case against me and told me that I will get a call from border authorities with in a month. I did not get any call or any email from border authorities since 2 years.
In the mean time I got a job with a MNC. I paid taxes for last 2 years and bought property in Toronto. I could not go out of Canada as I am not having PR card. Now my 2 years to maintain my PR status with finish with in 10 days. I want to know that what should I do after completion of 2 years. Probable steps as per my understanding I am mentioning below.
Yes they gave me a report. And officer kept a copy after taking my signatures.
There is
NOT enough information here to clearly discern your status with confidence.
Based on what is known, as you report,
THE PROSPECT OF BAD NEWS LOOMS LARGE:
It is
NOT certain the news is BAD. As noted, there is
NOT enough information to discern your status with confidence. BUT . . . the more likely situation is that at the LEAST you are deemed INADMISSIBLE, and NOT eligible for a PR card, and if a Departure Order has not already been issued, the best case scenario upon engaging in a transaction with IRCC or CBSA is an interview with a Minister's Delegate who will review the 44(1) Report and your situation.
Obviously, upon review the 44(1) Report would be determined to be valid in law, since it is clear there was a failure to comply with the PR Residency Obligation, and given the Report itself,
time in Canada since does NOT count and thus does NOT cure the breach.
The question to be determined, then, is whether there are sufficient H&C reasons to allow you to retain PR status.
As I noted at the beginning of this post, there are OTHER POSSIBILITIES. You may have already lost PR status. OR your status may be good . . . but the latter would depend on there having been a formal review and decision,
in absentia, allowing you to retain status based on H&C reasons, which as I noted seems the least likely.
ASSESSMENT of CURRENT STATUS:
Based on what you report, what is known is that two years ago you were issued a "report," and that was a formal enough report to require recording your signature attesting to having received it.
Otherwise, "report" is a vague term. The precise kind of "report" is important, crucial in fact. Not all "reports" are created equal.
It appears you were issued a formal report by a PoE official following an examination as to compliance with the PR Residency Obligation: this appears to be
a 44(1) Report of Inadmissibility. That's a BIG deal.
My guess, it was indeed
a 44(1) Report of Inadmissibility for a breach of the PR Residency Obligation.
You do NOT report also receiving a "DEPARTURE ORDER" (sometimes labeled a "REMOVAL ORDER"). You report a conversation in which the official stated that you would be getting a call. This suggests that at the time you were at the PoE a Minister's Delegate was not available to review the 44(1) Report of Inadmissibility. And thus you were informed that the 44(1) Report would be reviewed later, and you would be contacted for that purpose.
THIS PART IS IMPORTANT: What the official said to you orally is far, far less important than what that "report" states. The form for such a report in the Operational Manual, ENF 05 Writing 44(1) Reports, has a space for entering information as to scheduling the interview or hearing with the Minister's Delegate (which can be telephonic). So you want to look at that part of the report actually issued to you and see what it says. What it says (assuming it says something) is more important than what you recall the PoE official said verbally.
By the way, you can read more about 44(1) Reports in both ENF 05 Writing 44(1) Reports and ENF 06 Review of Reports under subsection 44(1). These can be found in links to pdf documents here:
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals.html
Assuming you were issued a 44(1) Report of Inadmissibility for a breach of the PR Residency Obligation:
Again, there are other possibilities, but this seems the most likely.
If a Minister's Delegate then proceeded,
in absentia, to determine the report was valid in law (which obviously it was), and decided to issue a Departure or Removal Order, essentially GAME OVER. PR status lost. Perhaps a lawyer could pursue some recourse on your behalf but I do not know what the prospects are.
If a Minister's Delegate then proceeded,
in absentia, to determine the report was valid in law (which obviously it was), and decided to
NOT issue a Departure Order, for H&C reasons, your status is OK. Apply for a new PR card.
BUT a rather likely scenario is that a Minister's delegate was unable to contact you to conduct the review (either telephonically or in person), and there is simply, STILL, the outstanding 44(1) Report of Inadmissibility for a breach of the PR Residency Obligation. To be reviewed at the next opportunity.
Which is NOT good news. Which means you have spent two years in Canada without getting any credit toward compliance with the PR Residency Obligation.
The operative Regulation regarding this is Regulation 62(1) in the IRPA Regulations:
62 (1) Subject to [a subsequent favourable decision setting aside the report], the calculation of days [to be credited toward RO compliance] under paragraph 28(2)(a) of the Act in respect of a permanent resident does not include any day after . . . (a) a report is prepared under subsection 44(1) of the Act on the ground that the permanent resident has failed to comply with the residency obligation;
A SILVER LINING:
Even though the days in Canada since being issued the 44(1) Report do NOT count toward RO compliance, they CAN be a POSITIVE FACTOR considered in the assessment of H&C reasons. And even if there is now a negative decision, you can still appeal, and if you continue to stay in Canada those days too can be a positive factor considered by the IAD in hearing the appeal. Your age may be your ace in the hole.
One other possible good news scenario: CBSA/IRCC intentionally left the 44(1) Report in limbo until you next engaged in a transaction with either CBSA or IRCC, intending to revisit the Report on that occasion . . . in which event your staying in Canada in the meantime could now induce a kind of summary review with a favourable decision.
IN ANY EVENT -- AGAIN -- TO DO TAKE AWAY -- Contact the help centre and inquire as to your status, using your client number. This will NOT trigger anything more serious than what the situation already is. It is possible all is well, that your status is OK. Then great, apply for your PR card and proceed with your life as a Canadian.
Unfortunately I apprehend the odds are the news is NOT so good.
