I am Canadian PR since 2013. Completed first phase of PR (2013 - 2018) meeting with residence obligation (during first phase of PR 2013 - 2018) and got PR extended for 2nd phase (2018 - 2023).
During 2nd phase of PR, I could not meet with residence obligations due to Covid 19, serious illness of my wife and son in my home country.
PR card for 2nd phase expire on 07 Dec 2023 In my home country. so I need PR Traveling Documents to back in Canada and to apply for renewal of PR. Can any one of friends help me to apply for 3rd phase PR 2023 - 2028 on humanitarian compassionate grounds in terms of Caregory RC-1. Than you.
Of course the first order of business, the first step in doing the homework needed to make a PR TD application relying on H&C relief for a breach of the RO, is the guide for making a PR TD application and the appendix discussing the Residency Obligation, which is here
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5529-applying-permanent-resident-travel-document.html#appendixa
See section titled "
Humanitarian and compassionate grounds" in particular.
There are probably a hundred or more topics in this part of the forum, that is in threads regarding Permanent Residency Obligations, specifically about H&C relief for a breach of the PR Residency Obligation. You might benefit from reading through many of these, looking for those where particular H&C grounds are discussed, against which you can compare your situation and perhaps frame how to best present an H&C case given your particular circumstances. Some of the posts in those discussions will cite and link good resources.
Frankly, you probably need to do a lot of homework if you plan to make a serious effort to keep your PR status based on H&C reasons. But time is also of the essence. The sooner the PR TD application is made the better.
Your query offers very little information that is likely to be of much help making the H&C case. For example, it is likely that the impact of Covid has little if any significant H&C weight at all these days. The biggest factor of course is how many days you have spent IN Canada during the preceding five years . . . that is, if you made a PR TD application today, the biggest factor is how many days you have been IN Canada between May 6, 2019 and May 6, 2024.
For clarity, if you make a PR TD application June 6, 2024, the biggest factor would be how many days you were IN Canada between June 6, 2019 and June 6, 2024.
Beyond the numbers, the H&C case is all about YOU in particular, your particular circumstances, your reasons for being outside Canada, reasons why you were unable to return to Canada sooner, and the extent of hardship it will cause you and your family, especially your children, if you are not allowed to keep your PR status (fact family has been living outside Canada all these years will likely mean there is very little positive weight for this factor, if any). There are far too many variable factors to offer much guidance in the abstract. If you are serious about trying to remain a Canadian PR, and you think you can make a H&C case why IRCC should allow you to keep your PR status despite the RO breach, time to do some serious homework. Again, you can start by reading through at least a couple dozen of the H&C topics here (use forum search function to find relevant topics).
By the way, there is no first or second "
phase" of PR. If, for example, you were returning to Canada from abroad back in 2022, say that was June 16, 2022, if you were questioned about your RO compliance when you arrived at the Port-of-Entry into Canada, what would matter would have been how many days you were in Canada between June 16, 2017 and June 16, 2022.
That said, the extent to which you established an in-fact PERMANENT residence in Canada, and the extent of current IN Canada ties, can be a big factor as well. Just meeting the RO during a previous period of time, without being PERMANENTLY settled in Canada, is more likely to hurt than help.
And I realize that I just used a lot of words to say little more than what
@Ponga responded in the first sentence of that post: "
I don't know if anyone can really help you, since the H&
C grounds have to be yours to convey to IRCC."
Time to do some homework . . . and then, maybe, ask more specific questions here.
