Need to renew PR but have only done 727 days. Can I still apply

[EmmaBambi]

Hi everyone,

So I have added up how long I have been inside and outside Canada and since I received my PR I only have 727 day instead of the required 730 days. My PR card expires this year Dec 2nd and I want to renew it.

Will my application for renewal be instantly rejected for the sake of 3 days, or is there a way around it?

Reasons for not coming back earlier was that I was living in another country and during the pandemic it just wasn't safe to travel, I was waiting to get the vaccine first but they were not vaccinating my age group, so I waited. Also when I tried to come back my flights were cancelled, and then eventually I got back and I've not made up all the days.

Any help really appreciated. Thanks in advance

 

[scylla]

Hi everyone,

So I have added up how long I have been inside and outside Canada and since I received my PR I only have 727 day instead of the required 730 days. My PR card expires this year Dec 2nd and I want to renew it.

Will my application for renewal be instantly rejected for the sake of 3 days, or is there a way around it?

Reasons for not coming back earlier was that I was living in another country and during the pandemic it just wasn't safe to travel, I was waiting to get the vaccine first but they were not vaccinating my age group, so I waited. Also when I tried to come back my flights were cancelled, and then eventually I got back and I've not made up all the days.

Any help really appreciated. Thanks in advance

Yes, you can expect automatic refusal. Don't apply to renew your PR card. until you have at least 730 days.

 

[EmmaBambi]

Yes, you can expect automatic refusal. Don't apply to renew your PR card. until you have at least 730 days.

So that would mean staying here for 2 years straight without being able to leave?

Is there no kind of humanitarian or compassionate grounds I can apply?

 

[scylla]

So that would mean staying here for 2 years straight without being able to leave?

Is there no kind of humanitarian or compassionate grounds I can apply?

If you've been outside of Canada for more than three years, then yes, you would need to remain in Canada for two straight years to meet the residency requirement and be able to renew your PR card. Have you been outside of Canada for more than three years?

You can try applying under H&C however the reasons you have stated for not returning earlier are unlikely to be accepted as H&C.

 

[EmmaBambi]

Yes I've been absent for 3 days over 3 years. What grounds would they accept a H&C application? Also if I did submit a H&C application and that was rejected, would I have to leave or could I still stay for until I am eligible to renew?

 

[scylla]

Yes I've been absent for 3 days over 3 years. What grounds would they accept a H&C application? Also if I did submit a H&C application and that was rejected, would I have to leave or could I still stay for until I am eligible to renew?

Probably the most common reason we see here under which the H&C argument is accepted is where someone has to take care of a critically ill family member outside of Canada (typically an elderly parent) and where they are an only child (i.e. no one else to take care of that parent). In these cases applicants have to submit evidence to back up their H&C claims. The other common reason is individuals who received PR when they were children along with their parents and where their parents then moved the family out of Canada. If they apply under H&C soon after turning 18 or 19 (even 20), there's a good chance of approval as long as their family established roots in Canada before leaving.

If you submit an H&C and it's refused, this will result in your PR status being revoked. You won't be given a second chance to stay and apply again.

 

[EmmaBambi]

Okay, thank you so much for all of that information. One last thing, Do the 2 years (staying here) start now or from when my PR card expires?

 

[scylla]

Okay, thank you so much for all of that information. One last thing, Do the 2 years (staying here) start now or from when my PR card expires?

The two years starts from the time you returned to Canada (so now).

 

[canuck78]

So that would mean staying here for 2 years straight without being able to leave?

Is there no kind of humanitarian or compassionate grounds I can apply?

When exactly have you been in Canada in the past 5 years? After the first 5 years as a PR the 730 days in 5 years is a rolling total and you must meet the 730 days in the 5 years any days. Depending on when you spent you time in Canada you may have more flexibility.

 

[EmmaBambi]

When exactly have you been in Canada in the past 5 years? After the first 5 years as a PR the 730 days in 5 years is a rolling total and you must meet the 730 days in the 5 years any days. Depending on when you spent you time in Canada you may have more flexibility.

I got my PR status Aug 17th 2016, My PR card expires Dec 2nd 2021. I was out of the country mainly from:
Sept 18th 2018 - Aug 21st 2021 - 1,068 days
Then an additional 34 days (small trips before the above dates)

So from what I understand, because the last 3 years I spent away from Canada were the last 3 years of the 5 (if that makes sense) I have to stay for 730 days to be eligible again.