Time spend under appeal counts towards RO?

[BogusApplicant]

I will be outside Canada for 3 years. When I return it is likely that I will be short of 2-3 months of RO. If I get served removal order at the border when I return, does the time spend waiting in appeal or until the order is executed count towards my RO? Can I apply to renew PR after the 3 months?

Also, is there a chance I will be denied entry at the border if I drive or PTRD if i'm flying in?

 

[dpenabill]

I will be outside Canada for 3 years. When I return it is likely that I will be short of 2-3 months of RO. If I get served removal order at the border when I return, does the time spend waiting in appeal or until the order is executed count towards my RO? Can I apply to renew PR after the 3 months?

Also, is there a chance I will be denied entry at the border if I drive or PTRD if i'm flying in?

Unless PR status has been adjudicated to be terminated, and that decision is enforceable, a PR is statutorily entitled to enter Canada. So, no, as long as you are a PR (even if Reported for inadmissibility) you will be allowed to enter Canada.

In particular, if Reported at the border, including being issued a Departure or Removal Order (they are the same thing), the PR is allowed to enter Canada. The PR then has thirty days to file an appeal. During that time, and if an appeal is filed for as long as the appeal is pending, the Departure Order is NOT enforceable. The PR keeps PR status.

However, no, if a 44(1) Report is issued, the days in Canada after that do not count toward meeting the PR Residency Obligation (unless the PR appeals and gets the 44(1) Report set aside). This is prescribed by Regulation in Section 62 IRPR . . . see https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/page-9.html#h-686425

If the Report and Departure (Removal) Order become enforceable, PR status is terminated. That individual is no longer a PR but is, instead, a Foreign National. And, how things go upon applying for entry into Canada, after that, depends on the same factors as other similarly situation FNs . . . visa-exempt FNs can obtain eTA and fly to Canada, or are generally allowed entry upon arrival, typically with visitor status and for up to six months. FNs who are not visa-exempt will need to apply for and obtain a visa to come to Canada.

While the days in Canada after a 44(1) Report is prepared do not count toward RO compliance (they are counted as days NOT in Canada), days in Canada after being Reported can be considered a positive factor in assessing H&C considerations and determining if the PR should be allowed to keep status despite breaching the RO.

CAUTION: three plus years from now things could be rather different. The law can change. Policies and practices often change. Currently there appears to be a lot of flexibility and leniency, if not outright generosity, in how the RO is applied and enforced. To what extent that will continue is very, very difficult to forecast.

 

[BogusApplicant]

Unless PR status has been adjudicated to be terminated, and that decision is enforceable, a PR is statutorily entitled to enter Canada. So, no, as long as you are a PR (even if Reported for inadmissibility) you will be allowed to enter Canada.

In particular, if Reported at the border, including being issued a Departure or Removal Order (they are the same thing), the PR is allowed to enter Canada. The PR then has thirty days to file an appeal. During that time, and if an appeal is filed for as long as the appeal is pending, the Departure Order is NOT enforceable. The PR keeps PR status.

However, no, if a 44(1) Report is issued, the days in Canada after that do not count toward meeting the PR Residency Obligation (unless the PR appeals and gets the 44(1) Report set aside). This is prescribed by Regulation in Section 62 IRPR . . . see https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/page-9.html#h-686425

If the Report and Departure (Removal) Order become enforceable, PR status is terminated. That individual is no longer a PR but is, instead, a Foreign National. And, how things go upon applying for entry into Canada, after that, depends on the same factors as other similarly situation FNs . . . visa-exempt FNs can obtain eTA and fly to Canada, or are generally allowed entry upon arrival, typically with visitor status and for up to six months. FNs who are not visa-exempt will need to apply for and obtain a visa to come to Canada.

While the days in Canada after a 44(1) Report is prepared do not count toward RO compliance (they are counted as days NOT in Canada), days in Canada after being Reported can be considered a positive factor in assessing H&C considerations and determining if the PR should be allowed to keep status despite breaching the RO.

CAUTION: three plus years from now things could be rather different. The law can change. Policies and practices often change. Currently there appears to be a lot of flexibility and leniency, if not outright generosity, in how the RO is applied and enforced. To what extent that will continue is very, very difficult to forecast.

Thank you. Great detailed answer as always.

 

[jakklondon]

I will be outside Canada for 3 years. When I return it is likely that I will be short of 2-3 months of RO. If I get served removal order at the border when I return, does the time spend waiting in appeal or until the order is executed count towards my RO? Can I apply to renew PR after the 3 months?

Also, is there a chance I will be denied entry at the border if I drive or PTRD if i'm flying in?

Of course not. Last I heard it took a year for appeal to be decided before IAD. If your time after being reported counted, then anyone could come up to a year past RO deadline, and by the time IAD decided their case would be qualified to get a new PR card and deportation proceedings dismissed. That would act contrary to the intent of the law.

If you still hold PR status, you are entitled to be admitted to Canada. There are multiple threads about specific document requirements, on land and in air.