If you’re a Canadian permanent resident (PR) working abroad, you could face unexpected visa cancellation under Section 44 of Canada’s Immigration and Refugee Protection Act (IRPA). Here’s what you need to know to avoid inadmissibility reports and safeguard your status.
What Triggers a Section 44 Report?
An A44 report is issued if immigration officers believe you’re inadmissible for reasons like:
- Residency violations: Failing to meet the 730-day residency requirement.
- Criminality: Convictions in Canada or abroad.
- Security concerns: Alleged threats to national security.
- Misrepresentation: Providing false information in applications.
How to Avoid an A44 Report
- Comply with Residency Obligations
- Track your days in Canada to meet the 730-day requirement within 5 years.
- Apply for a PR Travel Document if returning after extended time abroad.
- Maintain a Clean Record
- Avoid criminal activity (even minor offenses can trigger reports).
- Declare all legal issues to immigration authorities proactively.
- Renew Documents Early
- Keep your PR card valid and apply for renewal 6+ months before expiry.
- Seek Legal Advice Before Working Abroad
Consult an immigration lawyer to assess risks if your job requires extended time outside Canada.
Address Issues Immediately
If accused of misrepresentation or inadmissibility, respond quickly with legal support to resolve disputes.
What Happens After an A44 Report?
- Referral to Hearing: Most cases go to the Immigration Division for review.
- Direct Removal Order: Possible for residency breaches or security risks.
- Conditions Imposed: You may face travel restrictions or deposit requirements.
Can You Fight an A44 Report?
Judicial Review: Rarely granted unless appeals are exhausted or H&C factors are ignored (Lin v Canada, 2021).
Humanitarian Arguments: While CBSA isn’t required to consider H&C factors, compelling evidence (e.g., family ties, rehabilitation) may sway decisions (Singh v Canada, 2019).
Key Takeaway for PRs Working Abroad
Long absences or unresolved legal issues put your status at risk. Whether you are working in the U.S or Mexico or any other country as a permanent resident of Canada proactive compliance and legal guidance are critical to avoiding Section 44 reports.
Visaserve specializes in resolving Section 44 cases and protecting PR status. Contact us today for a strategy tailored to your situation.
