What is subsection 44(1)

[sasha008]

I was landed as an immigrant but on that day immigration officer has issued a report under subsection 44(1) against me Because my husband had withdrawal his sponsorship before my landing and I had no information of this. but I became PR on that day so can I apply for PR Card?

 

[Spikey92]

Unfortunately I can't tell you a lot.
I'm just wondering how you still became a PR even though your sponsor withdrew the application before you landed?!

May I ask why? Is he still your husband? Did you ask him what happened?

 

[scylla]

I was landed as an immigrant but on that day immigration officer has issued a report under subsection 44(1) against me Because my husband had withdrawal his sponsorship before my landing and I had no information of this. but I became PR on that day so can I apply for PR Card?

You weren't allowed to land. They refused your landing because your husband withdrew his sponsorship. But you were allowed into Canada as a visitor. So you are not a PR and you cannot apply for a PR card. If you had really landed and had qualified for a PR card - it would have been sent to you automatically.

Subsection 44(1) means that a report has been filed to determine if you are inadmissible to Canada (because your husband withdrew his sponsorship before you landed). I expect that you will be called to attend a hearing with a judge at some point where they will determine if you are in fact inadmissible and have to leave Canada - or if you will be allowed to stay.

You can find more information on subsection 44(1) here:

http://www.cic.gc.ca/english/resources/manuals/enf/enf05-eng.pdf

 

[sasha008]

You weren't allowed to land. They refused your landing because your husband withdrew his sponsorship. But you were allowed into Canada as a visitor. So you are not a PR and you cannot apply for a PR card. If you had really landed and had qualified for a PR card - it would have been sent to you automatically.

Subsection 44(1) means that a report has been filed to determine if you are inadmissible to Canada (because your husband withdrew his sponsorship before you landed). I expect that you will be called to attend a hearing with a judge at some point where they will determine if you are in fact inadmissible and have to leave Canada - or if you will be allowed to stay.

You can find more information on

Thank you so much scylla for reply

Yes they asked me come to court for final decesion but no date fixed yet. I have my COPR signed by officer whuch says i became PR on that day so am I permanent resident of canada? I am so confused about this plz help me

 

[scylla]

Thank you so much scylla for reply

Yes they asked me come to court for final decesion but no date fixed yet. I have my COPR signed by officer whuch says i became PR on that day so am I permanent resident of canada? I am so confused about this plz help me

The CORP was signed but then the officer withdrew your PR immediately afterwards because your husband canceled his sponsorship before you arrived in Canada.

You will have to wait until the final court decision to find out if you are a PR of Canada or not.

You cannot apply for a PR card at this time. Again, you will have to wait until the final court decision.

 

[sasha008]

The CORP was signed but then the officer withdrew your PR immediately afterwards because your husband canceled his sponsorship before you arrived in Canada.

You will have to wait until the final court decision to find out if you are a PR of Canada or not.

You cannot apply for a PR card at this time. Again, you will have to wait until the final court decision.

Thank You for the information

 

[HeyJin]

Just wondering, whether A44(1) is only initiated at the border or other circumstances? (Like committing offences? etc.)
Thank you guys.

 

[PMM]

Hi

Just wondering, whether A44(1) is only initiated at the border or other circumstances? (Like committing offences? etc.)
Thank you guys.

All Inadmissibility reports are under 44(1) then linked to the inadmissibility section of the regulations.