I concur in observations by both
@Tubsmagee and
@armoured.
The observation by
@Tubsmagee in regards to days after being Reported NOT COUNTING warrants emphasis. If Reported (meaning there is both a Report prepared and a Removal Order issued), in the appeal the calculation of RO compliance will be based on days IN Canada as of the day of the examination resulting in the Report.
And that can make a difference in the evaluation of H&C considerations . . . because unlike getting credit for days remaining until the fifth year anniversary during the initial RO compliance examination, for H&C purposes the extent of breach factor is all about days in Canada . . . the
woulda-and-coulda days do not count.
Without diving too deeply into the weeds, one of the things I have tried to make clear in this forum is that the appeal is the lowest probability of success part of the process. Yes, the IAD will likely give some, but not a lot of positive credit, for time spent in Canada after being Reported, because that is a ties-in-Canada factor. But for purpose of counting days, nope.
Example: Landing September 15, 2018; return to Canada June 8, 2022 with 18 days credit based on days actually in Canada since landing; Reported and issued a Removal Order upon arrival (again June 8, 2022): In this example, the RO compliance calculation at the PoE is 18 days credit for days actually IN Canada plus 462 days credit for days left until the fifth year anniversary of landing; total 480 days credit. That's a breach. A big breach actually.
But once the Report is prepared, days after that do not count. So, from then on, for the appeal the breach is huge: 18 days in Canada means more than 700 days short. And that is the extent of the breach factor no matter how long the PR is in Canada up to the IAD hearing.
So, a reminder, at this stage keeping PR status depends on --
-- not getting Reported or
-- if Reported, getting H&C relief allowing you to keep PR status despite the RO breach, and
-- failing that, if Reported and issued a Removal Order, appealing and winning the appeal (likewise, probably, based on H&C relief)
The better odds are in the first two. T
he best hope is to avoid having to appeal. The PR's best opportunity to get H&C relief is during the PoE examination (or in some cases, during the review interview taking place in the days or at least weeks after, if a second, reviewing officer was not available during the initial PoE examination). I cannot say how much weight the circumstances you describe will have but yes they are generally the sorts of things it can help to present,
generally explaining the plan to get here and how this and that delayed your plans.
Since it appears you can afford a lawyer's assistance, probably a good idea to consult with a qualified Canadian immigration lawyer soon after arriving here . . . and for sure, doing that if you are Reported and need to file an appeal.
