Question on subsection 44(1)

[armoured]

No, she has not entered Canada after our soft landing back in 2018. At least, she did not go though the admonition/44(1)

Yes - but unfortunately that means that neither of you can sponsor the other, and likewise cannot sponsor the child. Until, that is, one of you is back in compliance.

With the child - that adds further complication that getting health insurance may be more difficult (need to check provincial rules). There may be other matters that get complicated as well. You'd best at least look into this and esp private health insurance for the child.

You raised whether crossing together would improve chances - it would be rather easier to respond if one of you was in compliance with the RO. As it stands, I honestly have no idea what tactic would be best.

A small additional complication (that perhaps others could comment on): while, as noted, CBSA cannot refuse entry to a PR with valid status - therefore both you and your spouse cannot be turned away (on the assumption as above that a 44(1) wasn't issued and your PR revoked), even if they 'report' you (will be subject to appeal).

BUT: this does not apply to your child (who is not a PR, if I read correctly). Now obviously with a young child, denying the child entry constructively makes it impossible for at least one parent to enter). Your child remains a foreign national and entry subject to CBSA discretion (even if it's not that often that it happens).

Would they do this? I've no idea. I've no doubt that it's possible and chances even good that it has happened once in the past - or in other words, it may be rare or even very rare (I've no idea) but can't be excluded.

Important: caveat that I don't claim to be an expert and this to best of my knowledge; if this turns out to be wrong, I'll mea culpa, but I think worth knowing about the possibilty.

 

[steaky]

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.

The next time you sign anything, since you don't have a good memory, you should really request to take a picture from your smart phone.

 

[SamSh]

Hello
Did you hear anything after your 44(1) was issued? It’s been 4.5 years for me. Also, how do you renew this temporary PR card? What’s the procedure? Because the regular PR card renewal application will ask for days spent in Canada etc.

I was stamped into Canada as a PR. I planned to file a Notice of Appeal if reported under s.44(1) and I have now filed the appeal through my lawyers. In terms of time I am "allowed to stay", I am allowed as much time in Canada as I want to be, until such time as the appeal hearing date at the IAD and a decision has been made following that hearing. If I did not file the Notice of Appeal (you get a 30 day window to file the appeal), I would be issued with another order to leave Canada within a further 30 days which I would have had to comply with. So if I had *not* filed the Notice of Appeal I would only have had 60 days following the report being written to stay in Canada.

As I filed the Notice of Appeal, I am allowed to stay until the hearing and until such time a decision has been made on the appeal. It could be anywhere from 1 year to maybe 4 years, depending on their case workload. I filed at IAD Registry in Montreal based on my address in that area. It appears that IAD Registry in Montreal is hearing cases from between 3 to 4 years ago based on the recent cases I have read. I have noticed that the waiting time in Vancouver is shorter, more like 1 year to 18 months.

Whilst waiting for the date, as my PR card has expired, I am eligible to renew my PR card and apply for a "temporary" PR card with 1 year validity. I can keep renewing the "temp" card every year. In the mean time I classify as a PR and have the same work, health care and related rights as any other PR.

The thing I do lose from now onwards (after being reported under s.44(1)) is that any time I spend in Canada after being reported does not count towards satisfying my residency obligation *unless* I win the appeal at the IAD, in which case the time I spent in Canada between being reported and the hearing date would be retrospectively counted. I also lose the right to sponsor a partner or family members whilst "on appeal" and waiting for the IAD hearing.

 

[armoured]

Hello
Did you hear anything after your 44(1) was issued? It’s been 4.5 years for me. Also, how do you renew this temporary PR card? What’s the procedure? Because the regular PR card renewal application will ask for days spent in Canada etc.

You've posted in another thread, so perhaps best to stick to that one.

Procedure/form is same - apply for PR card, I believe - it's IRCC that decides to issue a short-validity PR card.