Hello
Two months back, I was trying to cross the border from Detroit to Windsor (was not meeting residency obligation but PR card had another 1 year of expiration - crossing the border after a long gap). The officer asked me a lot of questions and eventually took signature from me on a report but I don't remember getting any copy of that report. I don't even remember what I saw on the report. He did say that I can surrender my PR card while returning from Canada at the border and he also said it's fine if I don't do that, and we can figure out that later. He also said he is putting some comments or notes on my file, not sure what it was.
Now, I am back in USA and has a real need of setting down in Canada (sudden change of situations and plans) but I am not sure what exactly I need to be doing before I return to Canada to mitigate the effects of that report. (I am planning to get an offer letter from my Canadian employer, travel with my wife (PR too) and kid (US Citizen) all at once and to convince the officer that I will be hereon residing in Canada and will not step out of the country for 2 years until I am eligible for renewing the PR card which are indeed my plans now)
However, it looks like if the report is a 44(1), the days will not be counted towards residency obligation days and it might be a problem that will haunt me even after 2 years by only getting one year PR card when renewed etc.
Can you please suggest what i should be doing to get more details of that report and how to mitigate the effects of it to make my return to Canada without any hassle?
Upfront GUESS, emphasis on it being a GUESS . . . you were given an admonition, and if so your PR status is still intact BUT you are at high risk for inadmissibility proceedings taking place the next time you arrive at the border (or Port-of-Entry in an airport) resulting in the issuance of a Removal Order, a decision which terminates your PR status unless it is successfully appealed.
Longer Observations:
First order of business is to ascertain your current status. Problem is that the most convenient and timely way to do that might be traveling to Canada and seeing what happens at the Port-of-Entry, so you probably need to pack up and make the commitment without knowing just how things will go when you arrive here.
Meanwhile:
Time to pay attention to details and make a record of what happens, what you learn.
The question, of course, is whether it is too late. If a 44(1) Report was prepared and reviewed, and you signed some sort of acknowledgement of a Removal Order being issued, and that took place two months ago, what you will learn at the border is that you are no longer a Canadian, but a Foreign National (FN). That is, the time for making appeal having expired, the decision finding you inadmissible for a breach of the Residency Obligation has terminated your PR status.
It does NOT appear that is what happened. (See my "
guess" above.) But given your lack of clear recollection of what did happen, given the extent to which there was an examination of your RO compliance at the time, there is a distinct possibility that is what happened. Hopefully not. My guess, probably not. But maybe, and if so, that's a big deal.
If so, if that is the situation (I am going into some depth about this, despite thinking this is not what happened, because if this is the situation your options are very limited) . . . so, again, if this is the situation, meaning YOU are now a FN (and thus your PR card is not valid even though on its face it appears to be), for YOU to regain status to live permanently in Canada you will need to reapply. If your spouse is still a PR, and is in compliance with the RO, once she is living in Canada she should be able to sponsor your application for a new PR visa.
OTHERWISE . . . and more likely . . .
As long as the previous border transaction did not result in the issuance of a Removal Order, you still have PR status.
It is possible, but here too NOT likely, there was a 44(1) Report prepared but it was not reviewed. It is more likely you were given an admonition or caution regarding the RO. There are too many contingencies to warrant chasing down all the possibilities at this stage given it is not known just what your current status is.
Skimming the surface beyond that . . .
Even if a 44(1) Report was not prepared (and this seems the more likely scenario), there is a heightened risk that your next PoE examination will result in the preparation of a 44(1) Report. Perhaps your explanation of intent will persuade the Secondary examination officer to give you another chance without preparing the inadmissibility report. Perhaps a report will be prepared but your explanation will satisfy the officer who reviews the report that there are sufficient H&C reasons to allow you keep status despite the RO breach. And, if that fails, if the reviewing officer issues a Removal Order, you will have 30 days to make an appeal, and if your plans are to stay in Canada and you settle here, there is at least a fair shot at the appeal succeeding.
Here too, if your spouse has PR status, and is not subject to inadmissibility proceedings, that offers a safety net if you lose status since your spouse should be able to sponsor you for PR again.
There are plenty of contingencies, tangents, and nuances in all that. Again, this is just skimming the surface. If you are intent on coming to Canada to settle, you need to find out where you stand now and where things stand after you are next examined at the border.
44(1) Report Prepared, But Not Reviewed:
This happens, BUT it is not the ordinary procedure for PoE transactions. So, it's possible but not likely.
Situations in which a 44(1) Report is prepared but not promptly reviewed are far more common when an internal IRCC office has identified a RO breach while processing an application by a PR, such as an application for a new PR card or an application to sponsor a family member's PR.
When a 44(1) Report is prepared (either at a PoE or in internal IRCC processing), that does mean days in Canada after that do not count toward compliance with the RO.
This also applies following the issuance of a Removal Order based on the Report. If the PR appeals, and is IN Canada, they will generally be issued a one-year PR card pending the outcome of the appeal. Again, time in Canada pending the appeal does not get credit toward meeting the RO for purposes of the de novo adjudication before the IAD. However, it can be a significant factor considered in weighing H&C considerations.
