If I enter Canada(through land border without them starting the revoking process as I have not met the RO) I know that the process of the H&C application can take over a year. Im wondering if during the process if I'm not allowed to leave and enter Canada and have to stay within Canada the whole time until a decision has been made?
PR renewal under humanitarian and compassionate grounds
- Thread starter robbie_m90
- Start date
There's nothing forcing you to remain in Canada.
However you should remain in Canada. If you leave Canada, this significantly weakens the H&C argument.
We have also seen several instances on this forum where people have managed to enter Canada, have applied for PR card renewal under H&C, have left Canada, then the PR card has been approved but requires an in-person pick up, then the person has to apply for a PRTD to return, PRTD is refused, person then ends up losing PR status.
Ultimately it depends on how important PR status is to you. If it's important, don't leave.
How do you know this? Because I don't know this, and not aware of such a thing. What H&C application are you referring to? When do you make this application?
More accurate to me would seem to be that entering through the land border _circumvents_ or avoids in most cases the formal H&C determination process (which would usually happen if you applied for a PRTD abroad while out of compliance).
If the point is to circumvent that process, then you should not expect to get any related 'benefits' such as somewhat easier travel. (You can always leave, the issue is whether that puts your PR status at risk upon return)
Or put differently: if you enter via land border _in order to_ avoid H&C determination, you should expect to remain in Canada until in compliance with the residency obligation if you wish to avoid PR risks.
I think OP is referring to entering Canada through a land border without meeting RO and then applying to renew the PR card immediately under H&C.
Which, I admit, I've never understood the logic of. It seems most/mast majority of the time IRCC will simply sit on it until the applicant gets to the RO compliance, or - more rarely it seems - issue the PR card for local pickup, largely when IRCC was going to approve an H&C PRTD anyway.
But perhaps I've missed something.
I too have a similar issue. My 80-year-old parents couldn't stay enough to complete their residency obligation, missing it by a few months, as they got stuck outside due to COVID-19 and several major health issues. They applied for PR Card renewal in May 2024 under H&C, and theirs is a genuine case; the status is 'In Process'. But after 5 months, they need to leave to renovate their old home needing urgent action. They can't request urgent processing as this reason is not mentioned. They have a US visa and can return via Land Border or apply for PRTD. Not sure how either gets treated. Anyone with a similar issue? Does anyone have the latest processing time for PR Renewal under H&C?
Can take over a year. You must update IRCC when they leave Canada. If they will not meet RO during their time away leaving is lot a good idea.