In Canada and unable to meet 730 days (due to COVID), yet in desperate need for PR card.

[Farbodiani]

Hi All

I became a permanent resident of Canada in 2015. Due to the nature of my work which is academic research I was absent for long periods of time during the past five years. In 2018, I went abroad to do a postdoctoral fellowship program. After finishing, I booked a flight back to Canada for March 2020 (card valid and RO meeting), The flight got canceled due to global COVID cancellations. My PR card got expired shortly after yet RO was still OK. I applied for a PRTD and It was issued in July 2020. It took another 3 months to receive PRTD since I had to ask an agency to take it from a VFS office in another country. I booked a flight for 14th December 2020 (prioritizing based on availability and price). On the 1st of December, unluckily, I got infected with COVID. I took a test on the 10th of Dec and it was positive. The airline postponed my flight for 14 days. On 28th Dec 2020, I finally took the flight and landed in Canada (RO not meeting anymore). Now I have moved to BC from Ontario and for BC driving license and service card and so many other needs I must present a VALID PR card. If I would want to meet the RO, I have to wait until Jan 2022 which is too late and it means losing many privileges. On the other hand, I am afraid if I apply for renewal now and rely on compassionate reasons, I may risk losing my PR status altogether if the officer rejects it.
I would appreciate it if you guide me.

 

[steaky]

Yes, there are so many things that requires one having to show a valid PR card in BC. If I were you, I probably move again to other provinces that have no such requirement.

Btw, where were you traveling from? As from March 2020 to date, there are still international flights to Canada.

 

[armoured]

My PR card got expired shortly after yet RO was still OK. I applied for a PRTD and It was issued in July 2020.

On what basis were you issued the PRTD? Was it H&C? What reasons/markings are on the PRTD?

 

[scylla]

Hi All

I became a permanent resident of Canada in 2015. Due to the nature of my work which is academic research I was absent for long periods of time during the past five years. In 2018, I went abroad to do a postdoctoral fellowship program. After finishing, I booked a flight back to Canada for March 2020 (card valid and RO meeting), The flight got canceled due to global COVID cancellations. My PR card got expired shortly after yet RO was still OK. I applied for a PRTD and It was issued in July 2020. It took another 3 months to receive PRTD since I had to ask an agency to take it from a VFS office in another country. I booked a flight for 14th December 2020 (prioritizing based on availability and price). On the 1st of December, unluckily, I got infected with COVID. I took a test on the 10th of Dec and it was positive. The airline postponed my flight for 14 days. On 28th Dec 2020, I finally took the flight and landed in Canada (RO not meeting anymore). Now I have moved to BC from Ontario and for BC driving license and service card and so many other needs I must present a VALID PR card. If I would want to meet the RO, I have to wait until Jan 2022 which is too late and it means losing many privileges. On the other hand, I am afraid if I apply for renewal now and rely on compassionate reasons, I may risk losing my PR status altogether if the officer rejects it.
I would appreciate it if you guide me.

Unfortunately there's no easy or clear answer to your question.

If you apply to renew your PR card now under H&C, it's impossible for any of us to say if your card will be approved or not. It will be a dice roll whether IRCC accepts your H&C arguments. Also note that if you apply now, you can expect processing to take longer than the normal processing time since you will be applying without meeting RO. So expect that you may be waiting a while for your application to be processed.

Ideally you should wait until Jan 2022 to apply so that you meet RO.

Good luck.

 

[Farbodiani]

Yes, there are so many things that requires one having to show a valid PR card in BC. If I were you, I probably move again to other provinces that have no such requirement.

Btw, where were you traveling from? As from March 2020 to date, there are still international flights to Canada.

Steaky, thanks for the answer. I, however, cannot go to live in other provinces, since my family is in BC and I have already rented a unit.

On what basis were you issued the PRTD? Was it H&C? What reasons/markings are on the PRTD?

Armoured, on the day that I submitted my PRTD application, I met RO. So I asked for a PRTD based on a proper day count.

 

[Farbodiani]

Unfortunately there's no easy or clear answer to your question.

If you apply to renew your PR card now under H&C, it's impossible for any of us to say if your card will be approved or not. It will be a dice roll whether IRCC accepts your H&C arguments. Also note that if you apply now, you can expect processing to take longer than the normal processing time since you will be applying without meeting RO. So expect that you may be waiting a while for your application to be processed.

Ideally you should wait until Jan 2022 to apply so that you meet RO.

Good luck.

Thanks, Scylla.
Would you please inform me what happens if I apply for a PR card based on H&R and my application get rejected? Would they revoke my PR status? Am I really risking big if I apply now?
By the way, I am only 10 days short of RO, but for that 10 days, I have to wait another 8 months because of the combination of the absences that I've had in the last five years.

 

[scylla]

Thanks, Scylla.
Would you please inform me what happens if I apply for a PR card based on H&R and my application get rejected? Would they revoke my PR status? Am I really risking big if I apply now?
By the way, I am only 10 days short of RO, but for that 10 days, I have to wait another 8 months because of the combination of the absences that I've had in the last five years.

Yes, if your application is rejected, this will result in IRCC revoking your PR status.

You can try to appeal this decision with the help of a lawyer.

 

[steaky]

Steaky, thanks for the answer. I, however, cannot go to live in other provinces, since my family is in BC and I have already rented a unit.

You can try explain your situation to the landlord to reach an understanding so that they let you to break the lease. What do you mean your family is in BC? Your children is currently schooling in BC (that means they have valid PR cards)? Can you not relocate with them?

 

[canuck78]

Thanks, Scylla.
Would you please inform me what happens if I apply for a PR card based on H&R and my application get rejected? Would they revoke my PR status? Am I really risking big if I apply now?
By the way, I am only 10 days short of RO, but for that 10 days, I have to wait another 8 months because of the combination of the absences that I've had in the last five years.

Your RO will now be measured by whether you meet the 730 days in the past 5 years from today.

 

[dpenabill]

By the way, I am only 10 days short of RO, but for that 10 days, I have to wait another 8 months because of the combination of the absences that I've had in the last five years.

Forecasting actual outcomes is highly speculative, far more a guess, but in the scenario you describe it is probably safe to anticipate that a PR card application is NOT likely to trigger a formal RO breach investigation or the kind of examination that would lead to a decision terminating your status, so long as you remain in Canada. But there is some risk given that you will remain short of compliance, even if not by much, for the next eight months. That is, there is some risk of triggering a RO examination leading to a decision terminating PR status, but that risk seems fairly low.

The bigger problem others have identified: in your situation a PR card application is likely to encounter non-routine processing and some delay, if not a lengthy delay. Even if you have and make a strong H&C case (at the very least, if you do make a PR card application while still short of RO compliance, you should add an explanation of the reasons and attendant circumstances for why you remained abroad as along as you did; no need to get technical or to elaborate, let alone embellish, just your straight story about what happened and why).

Because of the latter, which quite likely means a PR card application will not solve your BC problems, the question is why take even a relatively small risk that IRCC could proceed to terminate your PR status?

Others know far better than I the BC rules, for things like drivers' licenses and health care coverage, but I wonder whether there are alternative avenues for someone in your situation. My inclination would be to consult with a qualified LAWYER. I do not know that a demand letter from a lawyer, as a prerequisite to pursuing mandamus against BC, supported by the expired PR card plus the PR TD, would evoke a more or less exception, but it is probably a question worth posing to a qualified professional. As always, that would be in a paid-for consultation, free-consultations being worth little more than what one pays for them.

 

[armoured]

Now I have moved to BC from Ontario and for BC driving license and service card and so many other needs I must present a VALID PR card.

I warn I don't know about BC requirements - but I note the eligibility identification requirements on their website specify (distinct from PR card) "Canadian immigration identification record." I presume that in general this is/was intended to mean the COPR on initial landing (before receiving PR card) but wonder if PRTD may be accepted in certain circumstances - and particularly given the covid-related issues you faced. Would suggest actually asking BC services. (It conceivably might also help that your PR card is relatively-recently expired, in covid times? Don't know, but there do seem to be some covid-relaxation policies and possibly some discretion.)

I would hope that the H&C approach at IRCC would have some prospects of success; but given the potential risks of both very long processing and even a negative outcome (even if less likely), would echo comments that it may be best to consider legal counsel.

 

[YVR123]

I warn I don't know about BC requirements - but I note the eligibility identification requirements on their website specify (distinct from PR card) "Canadian immigration identification record." I presume that in general this is/was intended to mean the COPR on initial landing (before receiving PR card) but wonder if PRTD may be accepted in certain circumstances - and particularly given the covid-related issues you faced. Would suggest actually asking BC services. (It conceivably might also help that your PR card is relatively-recently expired, in covid times? Don't know, but there do seem to be some covid-relaxation policies and possibly some discretion.)

I would hope that the H&C approach at IRCC would have some prospects of success; but given the potential risks of both very long processing and even a negative outcome (even if less likely), would echo comments that it may be best to consider legal counsel.

ICBC is really picky on getting the right ID. I have been a citizen for a LONG time and last time I went to renew my DL, they rejected my request even thought I had provided with them my passport, SIN and current DL. I ended up needing to go and retrieve my citizenship card before they let me finish the renewal.

You can try but I've heard stories about ppl unable to renew without a valid PR card.

 

[canuck78]

ICBC is really picky on getting the right ID. I have been a citizen for a LONG time and last time I went to renew my DL, they rejected my request even thought I had provided with them my passport, SIN and current DL. I ended up needing to go and retrieve my citizenship card before they let me finish the renewal.

You can try but I've heard stories about ppl unable to renew without a valid PR card.

BC became pretty strict because people were trying to abuse the system.

 

[kathysrazor]

Unfortunately there's no easy or clear answer to your question.

If you apply to renew your PR card now under H&C, it's impossible for any of us to say if your card will be approved or not. It will be a dice roll whether IRCC accepts your H&C arguments. Also note that if you apply now, you can expect processing to take longer than the normal processing time since you will be applying without meeting RO. So expect that you may be waiting a while for your application to be processed.

Ideally you should wait until Jan 2022 to apply so that you meet RO.

Good luck.

Exactly this. You can gamble, and deal with the risk, or you can be safe and deal with the hassle.

Generally, they want to see that hardship is undue and unforeseeable. Between the relatively small shortfall, and the extenuating circumstances (COVID, travel restrictions), you would have a decent chance at H&C, but it's ultimately still a chance, gambling with your life.

If you absolutely have to have a BC license, you can keep your Ontario license if you are a full-time student. I don't know if that works in your situation or not.

 

[Canada015]

In such case, I will advise you to move Ontario for 8 months or so instead of risking your PR card. Times flies very fast, 8 months will pass like blinking your eyes. I recently renewed Driving license and health card on the expired PR card in Ontario. Remember SIN never expires and no need to change the address on SIN document.