Immiman said:
So what do I do to get successful PRTD? Is it possible that I will get PRTD but get rejected for PR card renewal?
To obtain a PR Travel Document, you need to provide information and evidence which shows you are in compliance with the PR Residency Obligation.
Otherwise, a case can be made that the breach of the PR RO should be waived due to H&C reasons. This is a difficult case to make, since the PR RO is so flexible that PRs can be abroad for up to three years to deal with the reasons for needing to be abroad, and this is expected to cover the vast majority of circumstances compelling PRs to spend time abroad. There are exceptional situations beyond that, so it is not impossible to make the H&C case.
If the PR TD application is successful, and the PR is issued a PR TD, and the PR timely returns to Canada, generally there will be no problem at the PoE, no PR RO examination with the possibility of being reported and issued a Departure Order. There are exceptions, such as a relatively recent report from a PR who was abroad, who applied for and obtained a PR TD while still in compliance with the PR RO, but who delayed actually returning to Canada toward the end of the period of time the PR TD was good for, and by that time was no longer in compliance with the PR RO -- this individual was examined upon arrival at the PoE and issued a 44(1) Report followed by a Departure Order. If the PR TD is issued based on H&C reasons, this should not happen because the Residency Determination which is part of processing the PR TD application has, in effect, adjudicated that the PR's previous absences are excused. Albeit, the sooner the PR then makes the trip to Canada, after obtaining the PR TD, the lower the risks.
Once in Canada, how it goes in an application for a new PR card can vary. The PR TD based on H&C reasons will likely, but not necessarily, support IRCC deciding to issue a new PR card. However, this could involve a much longer than routine processing time, and a favourable outcome is not guaranteed. A lot can depend on the individual PR's situation and background. For some, the prudent thing to do is to stay put once back in Canada and not apply for anything with IRCC until in compliance with the obligation to spend 730 days in Canada within five years.
Overall reminder: any PR in breach of the PR RO, or even close to being in breach, should return to and stay in Canada as soon as possible. The sooner the better. While technically being in breach of the PR RO is, itself, the main factor, beyond that how much in breach looms very, very large. And make no mistake, the failure to meet the PR RO is a breach. H&C reasons do not mean there was no breach. H&C reasons are merely considered to determine if in all the circumstances, IRCC will exercise its discretion to waive the breach.
