Question on subsection 44(1)

[YVR123]

Hello Members,

I just joined this forum. Very informative. I have been stressing out thinking about my situation; Please guide me. Here is the summary:

Not fulfilled RO and PR card expired in Aug 2024. I landed in Canada in July 2019 but have stayed for only one month. I wanted to come back after resigning from the job, but the Pandemic started. To cut a long story short, I messed up. Please guide me on the following points:

2. If I am traveling to join a job in Canada, would I still be able to join if I get a 44(1) report? What I mean is, does the 44(1) report has to do anything with the refusal to join a job?

Do you have a valid/active SIN? That's what determine if you will be able to work for an employer in Canada. Another factor will be if you are reported and appearl failed, then you will need to leave Canada (no longer a PR). So you will need to end your job at that point.

 

[MukutPR001]

Thanks, YVR123. I got a SIN, but please elaborate on what you mean by active. This is the Social insurance number I received when I landed first after receiving the PR status. My PR card is still valid until July 2024.

 

[YVR123]

Thanks, YVR123. I got a SIN, but please elaborate on what you mean by active. This is the Social insurance number I received when I landed first after receiving the PR status. My PR card is still valid until July 2024.

sometimes SIN can go into dormancy if not been used for a long time. I don't know if there is a way to find out. May be call Service Canada.

p.s. From my google search, it looks like if it's not been used for 5 years, then it may go into dormancy. Maybe yours is still ok. Not 100% sure.

 

[MukutPR001]

Thank you YVR123

 

[armoured]

sometimes SIN can go into dormancy if not been used for a long time. I don't know if there is a way to find out. May be call Service Canada.

p.s. From my google search, it looks like if it's not been used for 5 years, then it may go into dormancy. Maybe yours is still ok. Not 100% sure.

At any rate, with a valid PR card (not expired), SIN can be reactivated without issue (as far as I'm aware).

 

[MukutPR001]

Thank you armoured

 

[Ponga]

At any rate, with a valid PR card (not expired), SIN can be reactivated without issue (as far as I'm aware).

According to this, all that is needed is an immigration document:

https://www.ourcommons.ca/DocumentViewer/en/41-2/ETHI/meeting-16/evidence

The dormant flag identifies SINs that have not been active for a period of five consecutive years or more—meaning that there was no income-related activity, such as filing taxes, or interaction with government programs during this period. Since then, someone with a dormant flag on their SIN file must provide original proof of identity to have their SIN reactivated, an original birth certificate if born in Canada, or Citizenship and Immigration Canada documents if born outside of the country.

It doesn't expressly say that the document must be a valid PR Card.

 

[MukutPR001]

Thank you, Ponga.

 

[armoured]

According to this, all that is needed is an immigration document:

https://www.ourcommons.ca/DocumentViewer/en/41-2/ETHI/meeting-16/evidence

The dormant flag identifies SINs that have not been active for a period of five consecutive years or more—meaning that there was no income-related activity, such as filing taxes, or interaction with government programs during this period. Since then, someone with a dormant flag on their SIN file must provide original proof of identity to have their SIN reactivated, an original birth certificate if born in Canada, or Citizenship and Immigration Canada documents if born outside of the country.

It doesn't expressly say that the document must be a valid PR Card.

Yes. My understanding is that Service Canada seems to require a valid PR card - which I think is absolutely a violation of the law. (Long story)

But for purposes of this particular discussion (although there may have been a few different ones in this thread, I mean most recent): since the poster has an active PR card, there will be no problem. And it's probably not dormant anyway.

 

[Ponga]

Yes. My understanding is that Service Canada seems to require a valid PR card - which I think is absolutely a violation of the law. (Long story)

But for purposes of this particular discussion (although there may have been a few different ones in this thread, I mean most recent): since the poster has an active PR card, there will be no problem. And it's probably not dormant anyway.

Agreed...especially about the last part in your first sentence. LOL!

 

[MukutPR001]

Sorry if I am asking the same question again.

1. With a Canadian job offer and PR card with 6/8 months of validity(I have not met the RO), is it worth taking a chance to land and hoping to get through without a secondary interview? If yes, the appeal again inadmissibility through the IAD would take a minimum of 1 year(guess). By the time of the hearing and all other related procedures, I would have probably had a job, paid the tax, and had some connection established to establish my intention to continue faithfully. If I lose the IAD appeal, start the PR application process again. However, I have a Canadian Ph.D. I will be 43 by then, so getting another chance will be difficult. The total cost of legal fees is enormous here, almost close to 10000 CAD

2. In the second scenario, I renounce my PR now and reply for a PR again. The total cost of legal fees is not that great.

I am clueless, guys. Pulling my hair. Any guidance, please?

 

[Ponga]

Sorry if I am asking the same question again.

1. With a Canadian job offer and PR card with 6/8 months of validity(I have not met the RO), is it worth taking a chance to land and hoping to get through without a secondary interview? If yes, the appeal again inadmissibility through the IAD would take a minimum of 1 year(guess). By the time of the hearing and all other related procedures, I would have probably had a job, paid the tax, and had some connection established to establish my intention to continue faithfully. If I lose the IAD appeal, start the PR application process again. However, I have a Canadian Ph.D. I will be 43 by then, so getting another chance will be difficult. The total cost of legal fees is enormous here, almost close to 10000 CAD

2. In the second scenario, I renounce my PR now and reply for a PR again. The total cost of legal fees is not that great.

I am clueless, guys. Pulling my hair. Any guidance, please?

I would abandon the idea of option #2 right now. Why assume the worst and voluntarily renounce your PR?!

I'm not sure, but would suspect (but not sure) that if you lose an IAD appeal, you would then be `Removal Ready', meaning you would likely be deported.
So...just don't lose the appeal (if you have one).

 

[MukutPR001]

Thanks, Ponga. I am just assuming the worst to plan my options. If I lose the IAD appeal, I should be allowed to go to the Federal court. If I lose the FC too then I will leave. Does it make sense? I will still try to appeal the ground on H&C.

 

[armoured]

Agreed...especially about the last part in your first sentence. LOL!

You mean the sentence that consisted of the word "yes"? )))))

 

[Ponga]

You mean the sentence that consisted of the word "yes"? )))))

I never said the first Henry Sweet described `sentence word' sentence, but should have clarified that I meant the first full sentence, sentence. LOL!