Can you please update us with your experience? What happened with you? we are in similar situation
Would you mind to let us know whether you have crossed the border and reported or not. Your experience will help us , because some are in the same situation like you.
Reminder/Caution: Isolated individual experiences about how it goes at a Port-of-Entry for a PR in breach of the Residency Obligation will NOT illuminate much at all about how it might go for another PR, even a PR in very similar circumstances. It will NOT, for sure NOT, indicate how things will likely go let alone for sure will go.
How it goes in these situations varies a great deal and the particular facts and circumstances in the individual's situation can have a big influence on how it goes. Personal immigration history can have a big influence. Just the dynamics in the interaction between the PoE officers and the PR applying for entry into Canada can vary widely and have a big impact.
What I am saying is that knowing how it went for the OP will not, sorry, will NOT "
help" you much.
When a PR who is in breach of the RO arrives at the PoE, either of the following can happen:
-- many are nonetheless waived into Canada without being referred to Secondary, no significant questioning related to RO compliance
-- many are referred to Secondary if and when the PIL (Primary Inspection Line) officer identifies a RO compliance concern
Various factors will influence which of those happens. There is a higher risk of the referral the more obvious it is the PR is in breach of the RO; this can be indicated, for example, by the length of the most recent absence; arriving after a lengthy absence with a PR card near its expiration date; or having an expired PR card, or no PR card; or the PIL officer may see an alert in the PR's records (if something has triggered an alert, like a pending PR card application, a flag following concerns noted during a previous PoE examination, or such).
Which of those occurred for the OP here, whether the OP was waived through or referred to Secondary, will only confirm that is one of the ways things can go, which we well know, as we well know it can also go the other way. The OP's experience will tell you very little, near nothing, about how it is likely to go for you.
If there is NO referral to Secondary, the PR can enter Canada and stay and work and so on. Best to wait and stay long enough to get into RO compliance before traveling outside Canada again, and before making any application to IRCC (like a PR card application).
If the PR is referred to Secondary, here again there is significant variability in how things go. And here again, no matter how "
similar" the OP's situation is, how it went for the OP (if there was a referral to Secondary) will not say much about how it will go for you.
@IndianBos outlined the procedure in very general terms:
No, they cannot issue a removal order behind your back. When you go to secondary inspection, they will ask you a lot of questions and will let you in the country irrespective if you are a PR. However, if they go ahead with paperwork to revoke your PR, you will get papers right there and will have a right to appeal within 30 days.
Again, regardless how it went for the OP, we know that some PRs in similar situations are only asked a few questions, some a lot, some are cautioned or admonished about RO compliance but then waived through without the preparation of a formal "Report" or as
@IndianBos phrased it, the "
paperwork" (this is about a 44(1) Report for Inadmissibility for Breach of RO), while others will have the Report prepared against them so they will then be interviewed by another officer who will decide whether to issue a Removal Order. Which of these will happen for a particular PR will depend on that particular PR's circumstances, on that particular day, at that particular PoE.
Even if a Removal Order is issued, the PR is still allowed to enter Canada, and has a right of appeal. The Removal Order is not enforceable for 30 days, and if the PR makes an appeal the Removal Order remains unenforceable for as long as the appeal is pending.
If no Removal Order is issued, just like being waived through without a referral to Secondary, the PR can enter Canada and stay and work and so on. Again, best to wait and stay long enough to get into RO compliance before traveling outside Canada again, and before making any application to IRCC (like a PR card application).
