@Akash20071986 and
@Kiran preet bedi:
As I understand it, both of you are outside Canada currently and both have PR card applications pending. The bad news (sorry) is that IRCC will often, one way or another,
NOT make a decision to issue a new PR card if it knows or perceives the PR to be abroad (IRCC policy is that to be eligible for a new PR card the PR needs to be IN Canada). There are many exceptions, so it is possible that IRCC will complete the process and approve the application; but even among these, IRCC then typically will require in-person pick-up. Here again, not always, so there is some chance that your PR card applications will be approved, a new PR card issued, and it will be delivered by mail to the residential address you have provided IRCC.
The best chance of the latter, that despite being abroad IRCC approves the application, issues a new PR card, and mails it, is for a PR who:
-- is in compliance with the Residency Obligation,
-- made the application from within Canada, and
-- IRCC is not aware the PR has gone abroad.
Leading to . . .
It is not clear to me whether you,
@Kiran preet bedi, are "
in exactly same situation" as
@Akash20071986, who (as I understand it) made a PR card application relying on H&C considerations . . . and who is thus in breach of the Residency Obligation.
The key for you,
@Kiran preet bedi, is whether or not you are in compliance with the PR Residency Obligation (meaning at least 730 days presence IN Canada within the last five years, AS OF TODAY . . . and as of the day you apply for a PR Travel Document). IF you are in compliance with the RO, and you were in compliance when you made the PR card application, and you went abroad AFTER you made the PR card application, there is probably still a good chance the application will be approved and mailed to your address in Canada; if that is a good address and there is someone who collects your mail and can be trusted to forward the PR card to you abroad, that will work . . . EVENTUALLY, when a new card is issued and mailed. In the meantime you could apply for a PR TD, and as long as you are in compliance with the RO, that is another way of getting back to Canada.
PR In Breach of RO . . . Relying on H&C Relief:
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.
Of course you need to be prepared to return to Canada to STAY for either of these to be a viable approach. And there is no guarantee you will get H&C relief.
"Would I get PRTD easily based on the email received for pick my card, or any issue or complications would be there?"
If IRCC issues a new PR card based on H&C relief, that should be a big positive factor in the PR TD application.
BUT THAT's A HUGE "IF" . . . it is possible, but again, frankly, given the timeline so far, it appears clear that IRCC is NOT likely to be issuing a new PR card UNLESS and UNTIL after you have returned to Canada -- meaning, not until AFTER your H&C case has been evaluated under the current situation in either a PR TD application or a PoE examination (if you are able to travel to Canada via the U.S.), and remember, that will take into consideration the extent of your absence as of the date of the PR TD application (or date of arrival at a PoE).
NOTE: your continuing absence from Canada without having met the PR RO is a big, big factor. As noted, the biggest H&C factor is how much in breach of the RO the PR is. That cannot be fully determined in advance. There is very little chance of IRCC allowing prospective H&C relief for a RO breach. It is a determination to be made either AFTER the PR has returned to Canada to STAY, or in a PR TD application when the PR is prepared to return to Canada to STAY.
In particular: if circumstances compel you to remain abroad still, going forward, not much point in applying for a PR TD now. Apply for a PR TD when you are ready to return to Canada to stay, but in doing that recognize that the length of time you have been abroad will have a big influence in how that is decided. There is the small chance IRCC will approve your PR card application in the meantime, but not enough of a chance to bet much at all on that happening (again I am sorry to be bearing what is likely to be bad news about this); it is fairly clear IRCC knows you are abroad (and it would be foolish to pretend to IRCC otherwise), and that alone means it is not an appropriate time to make a positive H&C case decision . . . although it could decide to deny H&C relief.
