Your big issue is that you returned to Canada not being compliant with your RO. Unfortunately we see this often on this forum. People arrive at exactly the 3 year mark or even later but then don’t account for emergencies, business travel, etc. You aren’t compliant because you didn’t return to Canada early enough so that is a tough H&C argument. Would recommend you fly to India and try to come through the US.
Appeal under H&C grounds since RO was not met
- Thread starter dbag
- Start date
I have been here every year and now i am living with my family.My original country is Iran .we can not a US visa these days.one of my friends applied for pr renewal and write a letter that his father was sick and attached to the form.then he got a new card !! Would this possible? Or he is not honest with me.
That is my point. Your father's current condition is irrelevant. You would need to have H&C grounds to cover the past 5 years of failing to meet the RO.
He was very much less than 730 days and he had written his absence clearly in that cover letter.!!
All that last 5 five years he was sick and i had to go to take care of his condition(as i am a physician) i travelled home and back here almost every 20 to 40 days for about 1 year.
So there are no other doctors in your country? You would have to prove:
1. That either there is not other physician with such unique specialisation in your country that you had to do it in person.
2. Or that there was no other way that things could be done without your assisstance as a family member.
I suspect that given, that you were able to go back and forth, there was a way to organize care for him while you were in Canada. (given that you could leave him each time).
Be prepared, that your PRTD / H&C might be rejected
Yes, you can make an application for a new PR card and assert H&C reasons, hoping that IRCC will allow you to retain PR status DESPITE the breach of the PR Residency Obligation. As others have tried to explain, this is about PAST actions and the reasons for those actions. That is, you are currently NOT in compliance with the PR Residency Obligation. Thus you are NOT currently eligible to be issued a new PR card UNLESS that breach is, in effect, WAIVED. So you present H&C reasons explaining why your breach of the RO should be waived.
THIS IS RISKY. There is NO guarantee IRCC will conclude your reasons for not complying with the RO are sufficient to allow you to keep PR status. Rather than issue you a new card, IRCC could schedule you for an interview to conduct a Residency Obligation compliance examination, and if you are NOT in compliance as of the date of that interview, issue you a 44(1) Report for Inadmissibility and a Removal Order (which you can appeal; thus even though such a decision terminates PR status, it does not do so immediately, and you keep status pending an appeal).
THE SAFEST approach is to STAY in Canada long enough to get into compliance. Then it should not matter if you have a new PR card or not. If you travel abroad you should be able to apply for and obtain a PR Travel Document to make the trip back to Canada, since as of then you will be in compliance with the RO.
You can also gamble and simply travel abroad and when you are ready to return to Canada apply for a PR Travel Document in which you assert the H&C case. The longer you stay in Canada before you make that trip, and then the sooner you seek to return to Canada after going abroad, the better your odds of getting H&C relief and being issued a PR TD so you can return to Canada.
NO one here can reliably forecast how your H&C case will go. Anecdotal experiences, like that your friend had, only illustrate that it is POSSIBLE your H&C case could have similar results. It is NO guarantee, NONE at ALL, that how it went for your friend is how it will go for you. As many tales of woe told in this forum illustrate, relying on H&C reasons is RISKY.
As long as your spouse remains in Canada, and is not on social assistance (with distinctions for what sort of social assistance), and is in compliance with the RO, you have a fall back option: losing PR status and having your spouse sponsor a new application for PR. Thus, for example, if traveling to attend to your parent is a compelling priority for you, you can make that trip and then when you are ready to return to Canada apply for a PR TD and assert your H&C case. As long as you do that within LESS THAN a YEAR from the date you leave Canada, even if that application is denied, you can still get a special PR TD to return to Canada pending an appeal. Once back in Canada if you stay, that increases the chances of a successful H&C appeal, but even if you lose the appeal, you and your spouse can then make an inland spousal PR application which would mean you could continue to remain in Canada and, eventually, should be given new PR status.
There are more than a few wrinkles in what I have described. This can get complicated, difficult, and rather messy. It probably warrants spending the money to at least CONSULT with a competent and reliable immigration LAWYER to go over the details.
The inescapable BOTTOM-LINE, nonetheless, is that any PR who is not in compliance with the Residency Obligation RISKS losing PR status if the PR engages in transactions with IRCC like making an application for a new PR card or applying for a PR TD from abroad, or with CBSA attendant returning to Canada (and for the PR not in compliance, the fact the PR has a valid PR card does NOT eliminate this risk . . . even if you have a new PR card, if you are NOT in compliance with the RO when you arrive at a PoE to come into Canada, there is a risk of being examined, reported, and issued a Departure Order). H&C cases are almost always TRICKY and usually rather DIFFICULT to successfully make. Yes, many succeed. But many more do not.
Would also add to @dpenabill. There is also no timeline for PRTD based on H&C so if you do go to Iran you may be there for many months.
Thanks a lot. But a new question : if i stay 730 day and get a new PR .and i travel out of canada for example a 2 weeks vacation .what will happen when i am returning with my new card? Again loosing RO and reprted?
If a PR stays in Canada long enough to be in compliance with the PR Residency Obligation (and has not already been Reported or otherwise had a decision-made as to RO compliance), the breach of the RO is CURED. It is as if it never happened.
After that the PR is again simply subject to the ongoing PR RO, like any other PR. As long as the PR has been IN Canada at least 730 days within the previous five years (as of any day a CBSA or IRCC official is doing a RO examination), the PR is in compliance with the RO.
Thus, if the PR stays until the PR is in compliance with the RO, and then the PR leaves Canada, what matters is that on the date the PR returns to Canada, and potentially examined at the PoE, the PR has been IN Canada at least 730 days within the five years preceding that day. OR, if the PR needs to apply for a PR TD to return to Canada, that as of the date the PR TD application is made, the PR has been IN Canada at least 730 days within the five years preceding that day.
Whether or not the PR has a new PR card does NOT matter much. If at all. The validity dates of the PR card are NOT relevant in an examination of RO compliance. What matters, as of the day there is a RO examination or determination, is how many days the PR was IN Canada within the five years previous to that day . . . and if that number is more than 730, there is no cause to be reported.
Just to translate what @dpenabill has said you will need to remain in Canada for over 730 days. Essentially 739+the time you intend to be away to remain compliant. The issue is that you will need to get PRZtD. I believe it goes through Turkey so getting a PRTD could take a while it is unlike to take a week or two.