PR Residency Obligations Not Met

[mack_ra]

Due to some unavoidable circumstances my parents might not be able to meet the PR Residency Obligations of 2 years in the 5 year period. This is due to the care that my aging grandmother needs, specially after untimely demise of my uncle who would have otherwise taken care in between to give my parents enough time to fulfill the PR Residency Obligations. Are there any options available on the humanitarian & compassionate grounds to allow renewal of PR card in such cases? If so, what kind of paperwork would be required? I know this is not a common case and there might not be set rules and documentation for it. However, wanted to see what experts here think of such a situation. I am also planning to consult a lawyer who might help my case but want to first get as much information myself before consulting and choosing a lawyer, if required.

Thanks!

 

[scylla]

Due to some unavoidable circumstances my parents might not be able to meet the PR Residency Obligations of 2 years in the 5 year period. This is due to the care that my aging grandmother needs, specially after untimely demise of my uncle who would have otherwise taken care in between to give my parents enough time to fulfill the PR Residency Obligations. Are there any options available on the humanitarian & compassionate grounds to allow renewal of PR card in such cases? If so, what kind of paperwork would be required? I know this is not a common case and there might not be set rules and documentation for it. However, wanted to see what experts here think of such a situation. I am also planning to consult a lawyer who might help my case but want to first get as much information myself before consulting and choosing a lawyer, if required.

Thanks!

Where are they now? Are their PR cards still valid?

 

[mack_ra]

Where are they now? Are their PR cards still valid?

They are outside Canada as of now and their PR card is still valid. They still have time to meet the requirements but are not able to travel due to the reasons stated above. I am just being proactive and looking for options, if the situation does arise.

 

[Ponga]

They are outside Canada as of now and their PR card is still valid. They still have time to meet the requirements but are not able to travel due to the reasons stated above. I am just being proactive and looking for options, if the situation does arise.

You might consider reaching out to the law firm that generously provides this forum. You can find their contact number at the top of the page.

 

[dpenabill]

Due to some unavoidable circumstances my parents might not be able to meet the PR Residency Obligations of 2 years in the 5 year period. This is due to the care that my aging grandmother needs, specially after untimely demise of my uncle who would have otherwise taken care in between to give my parents enough time to fulfill the PR Residency Obligations. Are there any options available on the humanitarian & compassionate grounds to allow renewal of PR card in such cases? If so, what kind of paperwork would be required? I know this is not a common case and there might not be set rules and documentation for it. However, wanted to see what experts here think of such a situation. I am also planning to consult a lawyer who might help my case but want to first get as much information myself before consulting and choosing a lawyer, if required.

Note: Renewal of PR cards does NOT resolve any issues arising from the failure to comply with the PR Residency Obligation. Even PRs with newly issued PR cards (other than first card issued to new PRs) are subject to RO compliance examination and being issued a Removal Order if as of the date of that examination (such as when returning to Canada from abroad) they are not in compliance.

There is no way to get a waiver of the PR RO in advance. Obtaining H&C relief, allowing a PR to keep PR status despite a failure to comply with the RO, only occurs attendant an examination for RO compliance, which can happen any time a PR arrives at a Port-of-Entry, in addition to anytime a PR makes an application for a PR Travel Document or PR card.

Before a PR loses their status for a breach of the RO, H&C factors will be considered and in many cases relief is available, the PR allowed to keep status despite the failure to comply with the RO. Of course many more PRs who breach the RO lose PR status, including many who make the case they should be allowed to keep status for H&C reasons.

While the precise details vary, such situations similar to what you describe, in general, are actually fairly common, and often the subject of discussion in this forum. If interested, and you have the time, you could easily peruse scores of discussions here about PRs failing to comply with the RO due to pressing family priorities. And seeking H&C relief to keep PR status (relying on H&C relief to keep status).

Outcomes vary considerably depending on a range of factors, but the biggest factor in most cases is how big the breach is.

To be clear, however, failing to comply with the RO puts keeping status at RISK. The more days abroad (fewer days IN Canada), the bigger the risk. An underlying premise in the 3/5 RO is that three years outside Canada within a five year time frame is a reasonably sufficient accommodation for PRs, adequate for PRs to handle personal needs including family care priorities.

Depending on how important Canadian PR status is to the individual PR, including how much RISK the PR will choose to take, and the PR's respective capabilities, for PR spouses there is the option of one coming to Canada and staying in Canada enough to avoid risking the loss of PR status, so that if the one remaining abroad to assist family does not get H&C relief, but rather loses PR status, the one who stayed in Canada long enough to meet the RO can then sponsor anew the one who loses PR status.

 

[hbc]

Note: Renewal of PR cards does NOT resolve any issues arising from the failure to comply with the PR Residency Obligation. Even PRs with newly issued PR cards (other than first card issued to new PRs) are subject to RO compliance examination and being issued a Removal Order if as of the date of that examination (such as when returning to Canada from abroad) they are not in compliance.

There is no way to get a waiver of the PR RO in advance. Obtaining H&C relief, allowing a PR to keep PR status despite a failure to comply with the RO, only occurs attendant an examination for RO compliance, which can happen any time a PR arrives at a Port-of-Entry, in addition to anytime a PR makes an application for a PR Travel Document or PR card.

Before a PR loses their status for a breach of the RO, H&C factors will be considered and in many cases relief is available, the PR allowed to keep status despite the failure to comply with the RO. Of course many more PRs who breach the RO lose PR status, including many who make the case they should be allowed to keep status for H&C reasons.

While the precise details vary, such situations similar to what you describe, in general, are actually fairly common, and often the subject of discussion in this forum. If interested, and you have the time, you could easily peruse scores of discussions here about PRs failing to comply with the RO due to pressing family priorities. And seeking H&C relief to keep PR status (relying on H&C relief to keep status).

Outcomes vary considerably depending on a range of factors, but the biggest factor in most cases is how big the breach is.

To be clear, however, failing to comply with the RO puts keeping status at RISK. The more days abroad (fewer days IN Canada), the bigger the risk. An underlying premise in the 3/5 RO is that three years outside Canada within a five year time frame is a reasonably sufficient accommodation for PRs, adequate for PRs to handle personal needs including family care priorities.

Depending on how important Canadian PR status is to the individual PR, including how much RISK the PR will choose to take, and the PR's respective capabilities, for PR spouses there is the option of one coming to Canada and staying in Canada enough to avoid risking the loss of PR status, so that if the one remaining abroad to assist family does not get H&C relief, but rather loses PR status, the one who stayed in Canada long enough to meet the RO can then sponsor anew the one who loses PR status.

Any lawyer or consultant you can suggest for urgent pr renewal with ro not met under H&C considerations.

 

[Ponga]

Any lawyer or consultant you can suggest for urgent pr renewal with ro not met under H&C considerations.

Try the law firm that generously provides these free forums. You can find their contact info at the top of the page.

Also would suggest NOT posting the same question to multiple threads; makes it tough to help you.

 

[Ponga]

+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

 

[dpenabill]

Any lawyer or consultant you can suggest for urgent pr renewal with ro not met under H&C considerations.

I do not have any references to offer. Been nearly a decade and a half since I obtained the assistance of an immigration lawyer and I do not know where that lawyer is now, but probably not in your proximity.

Generally I do not discourage anyone from obtaining the assistance of a competent, reputable immigration lawyer (my opinion about consultants is, well, not favourable). And I do not discourage you from at least obtaining a consultation with a lawyer.

HOWEVER, it might be prudent to go into this with some reasonable expectations. Urgent processing for PR cards is the exception, by a lot. PR card applications relying on a waiver of the eligibility requirements for H&C reasons typically take a lot longer than routinely processed applications and are far less likely to get expedited processing.

That in itself does not mean much beyond how long it is likely to take. It is why, the underlying reasons, that warrants consideration. PRs do NOT need a PR card to travel outside Canada, so generally there is no urgency in processing a PR card application. And, moreover, if the PR is going to be traveling outside Canada, and particularly for any significant duration, it appears that IRCC strongly prefers a PR rely on obtaining a PR Travel Document for the purpose of returning to Canada.

Additionally, if the PR goes abroad for any significant period of time, getting a new PR card based on H&C relief does NOT protect the PR from being issued a Removal Order for inadmissibility due to a breach of the RO, when the PR next returns to Canada, if the PR has not been present in Canada at least 730 days within the preceding five years -- a new PR card, even one issued based on H&C relief, DOES NOT RESTART the CLOCK! (While technically the risk depends on whether there is a change in circumstances, generally being abroad for a significant period of time will constitute a change in circumstances.)

Generally, if a PR has continuing circumstances compelling staying abroad, it is expected the PR will seek H&C relief when the PR is finally able and ready to come to Canada to stay.

This is not hard and fast, not something chiseled in stone. Situations vary considerably. A lawyer can almost certainly better evaluate the situation and advise you regarding the risks and probabilities for YOU in particular.

But generally, again in the context of reasonable expectations, odds are you may need to make some very tough decisions, and do so recognizing that if you need to be abroad for a significant period of time going forward, be aware that the biggest factor in most H&C cases is the amount of time abroad compared to time in Canada.

If this is about a difficult situation and family health issues, my condolences. Just be aware that the RO allowing three years absence in any five year period is expected to be sufficient to meet these kinds of circumstances.

 

[canuck78]

Due to some unavoidable circumstances my parents might not be able to meet the PR Residency Obligations of 2 years in the 5 year period. This is due to the care that my aging grandmother needs, specially after untimely demise of my uncle who would have otherwise taken care in between to give my parents enough time to fulfill the PR Residency Obligations. Are there any options available on the humanitarian & compassionate grounds to allow renewal of PR card in such cases? If so, what kind of paperwork would be required? I know this is not a common case and there might not be set rules and documentation for it. However, wanted to see what experts here think of such a situation. I am also planning to consult a lawyer who might help my case but want to first get as much information myself before consulting and choosing a lawyer, if required.

Thanks!

When dies their PR card expire and how many days have they spent in Canada since they got PR in 2019? When did you uncle die? Did they only return after his death? Do you have any other family in India? Applying for PR card renewal based on H&C before your PR card expires is quite rare.