Hi all, I am living in the US (on a G4 diplomatic visa). My PR card expires in March 2024 and I would like to renew it based on H&C grounds. Can I apply for the renewal from the US or do I physically have to be in Canada? Should I try to renew it now (before expiry), or wait until I am ready to move to Canada (maybe in 2-3 years)? Any advice would be super helpful! Thank you
PR renewal from US (do NOT meet residency requirement)
- Thread starter kmaharaj
- Start date
Do you have true H&C grounds?
You must be in Canada to apply.
Since your PR status does not expire, combined with the option to re-enter Canada via a land PoE, waiting to renew after you return might be your best option.
You only need a valid PR Card to enter Canada if returning via a commercial carrier.
You can only apply from inside Canada. Unless you have very strong H&C reasons, you run a high risk of your application being denied and the process being started to revoke your PR. Choosing to work in a different country is generally not considered under H&C (but every case will be considered individually).
A better option may be to wait until you are ready to move to Canada and then cross the land border in a private vehicle, hope you're not being reported for breach of the residency obligation, and then remain in the country for at least two years before you re-apply for a new PR card.
If retaining your PR is important to you, you should consider moving to Canada while your PR card is still valid. There is still a chance you may be reported for non-compliance, but the risk is probably lower. This would also enable you to still sign up for health care and get a drivers license, as well as a SIN if you don't have one already.
Which is what I also suggested. However, not having a valid PR card may may make it difficult to obtain things like a DL, possible provincial health coverage, etc., depending on the provence, but still may be the best option.
You do not meet RO, if you apply to renew your PR card (assuming you could returned via land border) you will be reported and IRCC will procesed to revoke your PR status.
Do you have legit H&C reason?
Or did you get send by Canadian organziation out to US for a temporary placement?
You could meet RO that way.
https://www.ircc.canada.ca/english/helpcentre/answer.asp?qnum=1466&top=10
Again - based on the very limited information you have provided, here are your best options:
1) Move to Canada now (while your PR card is still valid). Do not leave the country until you meet the residency requirement, then apply for a new PR card. This is your best option if you want to keep PR, but even that is not guaranteed
2) Move to Canada when you are ready. Your second best option, but (possibly much) higher chance of being reported.
3) Visit Canada now and apply for PR card. Your worst option. Unless you have truly exceptional H&C reasons, this will probably lead to revocation of your PR status. Note that even if approved, these H&C reasons must continue to persist while you continue working in the US, otherwise you are just deferring the problem into the future.
2 + 3 may well lead to the same (negative) outcome, especially if your establishment in Canada is low or non-existent.
Again, need to stress your H&C reasons must be exceptional, unusually hard on you and beyond your control (among other things) for them to be considered favourably in a formal review. Most people do not meet this threshold by a long shot.
This is why a border crossing seems to have better chances of success as opposed to a PR card application or a PRTD application, because in practice a border official has some discretion as to how much they will enquire about your compliance and the validity of your H&C reasons, whereas submitting a formal application for a PR card / PRTD always leads to a detailed review of your H&C reasons. And as you can see for yourself by reviewing the numerous appeal cases on CanLII, the outcomes of these reviews are more often unfavourable for the applicant.
1) Move to Canada now (while your PR card is still valid). Do not leave the country until you meet the residency requirement, then apply for a new PR card. This is your best option if you want to keep PR, but even that is not guaranteed
2) Move to Canada when you are ready. Your second best option, but (possibly much) higher chance of being reported.
3) Visit Canada now and apply for PR card. Your worst option. Unless you have truly exceptional H&C reasons, this will probably lead to revocation of your PR status. Note that even if approved, these H&C reasons must continue to persist while you continue working in the US, otherwise you are just deferring the problem into the future.
2 + 3 may well lead to the same (negative) outcome, especially if your establishment in Canada is low or non-existent.
Again, need to stress your H&C reasons must be exceptional, unusually hard on you and beyond your control (among other things) for them to be considered favourably in a formal review. Most people do not meet this threshold by a long shot.
This is why a border crossing seems to have better chances of success as opposed to a PR card application or a PRTD application, because in practice a border official has some discretion as to how much they will enquire about your compliance and the validity of your H&C reasons, whereas submitting a formal application for a PR card / PRTD always leads to a detailed review of your H&C reasons. And as you can see for yourself by reviewing the numerous appeal cases on CanLII, the outcomes of these reviews are more often unfavourable for the applicant.
If you are IN Canada NOW and you think your H&C is strong enough to get approval, apply now.
If you are not in Canada, you can't apply to renew.
So you are sure that you do not meet RO with your time outside, and you think you will just get approved via H&C?
I am not in Canada now. I am asking because I did a consultation with an immigration lawyer re my situation.
1) They initially advised that I wait until I am ready to be in Canada to apply for a travel document for entry and then to apply to renew my PR card while in Canada using H&C arguments.
2) A few days after my consultation, someone from the immigration lawyer's office called me back to say no that's not correct and that I should apply for PR renewal using H&C arguments before my current one expires even if I will not be moving to Canada anytime soon.
I just wanted to reach out here to see if anyone has had a similar experience or can provide any helpful advice. As is, I am not in a position to move to Canada now. I could go to Canada for a few days to renew PR if physical presence is needed for option 2.
1) They initially advised that I wait until I am ready to be in Canada to apply for a travel document for entry and then to apply to renew my PR card while in Canada using H&C arguments.
2) A few days after my consultation, someone from the immigration lawyer's office called me back to say no that's not correct and that I should apply for PR renewal using H&C arguments before my current one expires even if I will not be moving to Canada anytime soon.
I just wanted to reach out here to see if anyone has had a similar experience or can provide any helpful advice. As is, I am not in a position to move to Canada now. I could go to Canada for a few days to renew PR if physical presence is needed for option 2.
If you have paid legal advice, then follow their guidance. I am not an expert and I will just end my comment here.
That's what most people think they have.... a legitimate H&C reason. You may want to elaborate on that.