The key query:
"How to proceed with that if the person is out of canada due to humanitarian case"
There really is only one way to proceed: apply for a PR Travel Document. If short of complying with the PR Residency Obligation, make the best case you can for keeping your PR based on H&C reasons. The sooner this is done, the better the odds (but the odds still may not be very good). On the other hand, obviously this should not be done until the PR is actually ready to return to Canada.
Some have the option of returning to Canada via the U.S., without having to apply for a PR TD. Again, the sooner the better. Again be ready to make the H&C case at the PoE.
Beyond that:
There is a difference.
If the application is denied, my sense is that the PR needs to appeal or PR status will be lost (this is in significant part derived from a solitary Federal Court decision in which a PR abroad appealed and lost, in which the procedure was outlined in more detail than seen in most cases).
If the PR card application is deemed abandoned, it has no direct effect on the PR's status. The PR can subsequently make another application. Obviously information gathered from the earlier, abandoned application, will be considered in assessing the new application.
Related posts from another topic:
What is important is the obligation to provide accurate information, and the extent to which the information a person has provided is or is not accurate (reason for the inaccuracy can be important; for example, a deliberate effort to mislead is far worse, but the tipping point is whether information provided is accurate or not, which can be discussed without characterizing motives).
Leading to a caution (perhaps an unwelcome caution):
A PR who is residing at a different address, one different from that which the PR has reported to IRCC, is making a misrepresentation, at minimum a misrepresentation by omission.
Note that in the application the PR's signature verifies the truthfulness of the residential address declared and verifies that the PR will notify IRCC if any information changes. It is thus a misrepresentation by omission to not properly notify IRCC of the PR's proper current residential address.
Secondary Review usually derives from some suspicion of misrepresentation (typically the SR is only indirectly, if at all, about the PR Residency Obligation). Not a good idea for someone who is the subject of a fraud inquiry to engage in making a misrepresentation, even by omission, while that inquiry is in process.
How does IRCC know? Maybe they don't. But the odds are they do or will.
"How" does not really make any difference. What makes a difference is if, in the particular case, they do.
So the important question is not "how," but simply "does IRCC know?"
And anyone but a fool knows how this hand plays: taking any approach other than assuming that IRCC either does know or will know is a bad idea, is playing against the odds.
Sure, we see anecdotal reports claiming success. More often we see no follow-up reports and it is easy to guess how things went for many if not most of those. Moreover, my sense is that at least a few so-called success-reports are wanting for credibility.
The PR abroad with a PR card application in SR would be well-advised to return to Canada as soon as feasible. Most in this situation do not have a currently valid PR card, so will need to apply for a PR Travel Document. To a significant extent, that is what IRCC wants to force such PRs into doing.
Overall, Make No Mistake: IRCC does not make it easy for a PR to live abroad for extended periods of time and keep PR status. The reason for this should need no explanation.
"How to proceed with that if the person is out of canada due to humanitarian case"
There really is only one way to proceed: apply for a PR Travel Document. If short of complying with the PR Residency Obligation, make the best case you can for keeping your PR based on H&C reasons. The sooner this is done, the better the odds (but the odds still may not be very good). On the other hand, obviously this should not be done until the PR is actually ready to return to Canada.
Some have the option of returning to Canada via the U.S., without having to apply for a PR TD. Again, the sooner the better. Again be ready to make the H&C case at the PoE.
Beyond that:
rbrar14 said:
We see rather few reports about a PR card application being "denied," as such, but some. More often it appears that applications are deemed abandoned.rbrar14 said:
There is a difference.
If the application is denied, my sense is that the PR needs to appeal or PR status will be lost (this is in significant part derived from a solitary Federal Court decision in which a PR abroad appealed and lost, in which the procedure was outlined in more detail than seen in most cases).
If the PR card application is deemed abandoned, it has no direct effect on the PR's status. The PR can subsequently make another application. Obviously information gathered from the earlier, abandoned application, will be considered in assessing the new application.
Related posts from another topic:
rbrar14 said:
rbrar14 said:
Let's be clear: if you are not actually living at the address you have given IRCC as your residential address, that constitutes misrepresentation. I tend to avoid terms like "lying" because such terms bear moral implications and are more about honesty than accuracy.rbrar14 said:
What is important is the obligation to provide accurate information, and the extent to which the information a person has provided is or is not accurate (reason for the inaccuracy can be important; for example, a deliberate effort to mislead is far worse, but the tipping point is whether information provided is accurate or not, which can be discussed without characterizing motives).
Leading to a caution (perhaps an unwelcome caution):
A PR who is residing at a different address, one different from that which the PR has reported to IRCC, is making a misrepresentation, at minimum a misrepresentation by omission.
Note that in the application the PR's signature verifies the truthfulness of the residential address declared and verifies that the PR will notify IRCC if any information changes. It is thus a misrepresentation by omission to not properly notify IRCC of the PR's proper current residential address.
Secondary Review usually derives from some suspicion of misrepresentation (typically the SR is only indirectly, if at all, about the PR Residency Obligation). Not a good idea for someone who is the subject of a fraud inquiry to engage in making a misrepresentation, even by omission, while that inquiry is in process.
How does IRCC know? Maybe they don't. But the odds are they do or will.
"How" does not really make any difference. What makes a difference is if, in the particular case, they do.
So the important question is not "how," but simply "does IRCC know?"
And anyone but a fool knows how this hand plays: taking any approach other than assuming that IRCC either does know or will know is a bad idea, is playing against the odds.
Sure, we see anecdotal reports claiming success. More often we see no follow-up reports and it is easy to guess how things went for many if not most of those. Moreover, my sense is that at least a few so-called success-reports are wanting for credibility.
The PR abroad with a PR card application in SR would be well-advised to return to Canada as soon as feasible. Most in this situation do not have a currently valid PR card, so will need to apply for a PR Travel Document. To a significant extent, that is what IRCC wants to force such PRs into doing.
Overall, Make No Mistake: IRCC does not make it easy for a PR to live abroad for extended periods of time and keep PR status. The reason for this should need no explanation.
Does anybody recieved this kind of reply after making a specific inquiry? I still don't have access on ecas since last tuesday.