@CNP . . . I am NO expert.
I am in Delhi, India at this moment, and in order to pick my card in-person.. I will need PRTD to enter Canada as PR card already expired.
Will I get PRTD based on the email received to pick my card, or any complications would be there?
IRCC might have renewed the card and would ask to pick up In-person as they might have assumed that I am already in Canada and applying PRTD will jeopardize things and I should travel through US by road, and pray would not reported while crossing the border?
Your situation and related queries have been presented before, multiple times, in multiple threads, and quite clearly answered. Multiple times, in multiple threads.
Here too,
@armoured has stated the short and clear version:
. . . yes, PRTD on H&C basis. Or enter through USA.
And in another thread,
@scylla likewise:
You will need to apply for the PRTD with H&C considerations. No, you should not assume that you'll get the PRTD based on the email to pick up your PR card alone. If you happen to have a valid US visa, then a better tactic may be to enter Canada through a US / Canada land border instead of applying for the PRTD.
Previous responses by others and me have more fully explained this answer. That much has not changed. Will not change.
One thing that may have changed is IRCC actually approving your PR card application based on H&C reasons. While this has been discussed at some length before, I will revisit this below.
The only other thing that is changing is the extent of your most recent absence from Canada. This may or may not have a substantial effect on what the visa office would do with a new PR TD application, and similarly in regards to how it might go upon arrival at a Port-of-Entry if you manage to make the trip to Canada by traveling via the U.S.
Usually, but not always, a longer absence will decrease the odds of getting H&C relief. If in fact IRCC has "
approved" the issuance and delivery of a new PR card to you based on H&C reasons, that could offset or even override the impact of your continuing absence. It is something the visa office should consider, and give a lot of weight, if you make another PR TD application. Similarly, it should also be a big, positive factor in how things go if you travel to Canada via the U.S.
This has all been discussed in some depth before, with relatively extensive explanation:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/pr-card-renewal-etobicoke-office.726441/page-6
In part:
I am no expert and cannot give personal advice, but frankly it is highly likely that you will need to apply for a PR Travel Document, relying on H&C relief based on your situation as of the day you make that application (which means the biggest factor, the extent to which you are in breach of the RO, will depend on how many days you have been in/outside Canada within the previous five years as of that day). This is probably bad news. Again, sorry.
The other alternative is to obtain authorization to travel to the U.S. and approach the U.S./Canada border at a land crossing, which will allow you to return to Canada. It is very likely you would be screened for RO compliance and need to make the H&C case then and there, at the Port-of-Entry, and that would determine if you are "Reported" and issued a Removal Order, and even if that happens you will still be allowed to enter Canada and you can then appeal.
That said, in some cases the reasons for H&C relief can outweigh the impact of the extent of breach factor despite the latter involving very little or even no presence in Canada. Most common and typical case of this sort is the removed-as-a-minor PR.
It appears, based on your other posts in other threads, you may have been present IN Canada merely one month in the last five years. If this is the case, AND IRCC has in fact approved your PR card application, that would suggest your H&C case is very strong and moreover that it offsets and at least until recently overrides the extent of the breach. As noted in the previous discussions, however, this is a
HUGE "
IF" . . .
Overall, as has been stated and repeated and emphasized, your BEST chance to keep PR status is to do what you can to return to Canada SOON and if you can get to Canada, THEN STAY. That is of course contingent on either getting a PR TD or traveling to Canada via the U.S.
Otherwise, if your plans for the near future do NOT include coming to Canada to stay, the fate of your PR status will largely depend on the strength of your H&C case WHEN you do make the effort to come to Canada to stay. It is possible that your H&C reasons are both continuing and strong enough that they will once again, at some future time, support determinations allowing you to keep PR status, be that when you again apply for a PR TD, or otherwise are able to travel to Canada. Any effort to calculate how that will go, what the probabilities are, is largely guessing . . . what will happen will depend on the circumstances THEN.
And that applies EVEN IF you are in fact issued a new PR card and are able to travel to Canada to pick it up. If you do not stay in Canada, the next time you travel to Canada, upon your arrival at a PoE you could still be examined in regards to RO compliance, and if you have been abroad for an extended period prior to that arrival there will be at least a significant risk of that happening, and how it goes will again depend on the strength of your H&C case AS of THAT DATE.
That is, to be clear, while a new PR card issued based on H&C reasons would allow you some flexibility in traveling abroad despite not being present in Canada at least 730 days within the preceding five years, the longer you are absent the more you may need to make the H&C case, upon arrival at a PoE, to keep your PR status. A valid PR card does NOT, not at all, guarantee you will be allowed to keep PR status.
