Not meeting RO but want to renew PR card on H&C grounds

[Yukoneer]

I gave my landing in July 2015 but went back after a month as I was planning to come back to Canada permanently in 2016. Unfortunately, in 2016 my uncle (mother's only brother) passed away because of which my mother came under immense stress which made me decide to postpone my permanent settlement to 2017 (Considering I would be able to meet the RO by the time my PR card expires in 2020. In May 2017 , unfortunately my father passed away due to which (as being the only son with three younder sisters) I couldn't come as I had to handle inheritance matters and take care of my mother. Finally I (along with my wife and 2 kids) arrived last year in August 2020 (1 month before PR card expiry) and since then I have been living here. I have scured a job and kids are going schoole too).

Question is, since the PR card has expired and I have lived here for only 10 months, can I apply for my PR card renewal as my mother is back home alone and I would like to go back to her for soemtime. She is also sick and needs somebody to take care of her.

Thank you.

 

[steaky]

I gave my landing in July 2015 but went back after a month as I was planning to come back to Canada permanently in 2016. Unfortunately, in 2016 my uncle (mother's only brother) passed away because of which my mother came under immense stress which made me decide to postpone my permanent settlement to 2017 (Considering I would be able to meet the RO by the time my PR card expires in 2020. In May 2017 , unfortunately my father passed away due to which (as being the only son with three younder sisters) I couldn't come as I had to handle inheritance matters and take care of my mother. Finally I (along with my wife and 2 kids) arrived last year in August 2020 (1 month before PR card expiry) and since then I have been living here. I have scured a job and kids are going schoole too).

Question is, since the PR card has expired and I have lived here for only 10 months, can I apply for my PR card renewal as my mother is back home alone and I would like to go back to her for soemtime. She is also sick and needs somebody to take care of her.

Thank you.

Do not renew your PR card unless you have evidence you physically live in Canada for more than 730 days from the date you sign the application.

How about your sisters? Can they take care of mom?

 

[Shmiler]

I think your father passing (I'm sorry), and helping look after your mum are good, decent reasons for not travelling at that time.

If that's not the basis for compassionate dispensation then I really don't know what is.

That said, if you can wait for the 24 months to pass before applying for PR card then you should. If you, or your mum, cannot wait then file. PR is important, but for me, and I suspect for you, family is more important than anything.

Good luck with whatever you choose to do.

 

[armoured]

I do not know how they treat such applications for a renewal when a PR is out of compliance and in Canada.

I would say that there is a risk - a substantial one - that it would just be delayed so long as to make the reason for compassionate/urgent renewal irrelevant. And even a risk that it would result in a report and stopping the clock for days accruing physical presence, etc.

That may leave - if the need is urgent - only the option of travelling and applying for a PRTD - with similar risks of being denied or it taking quite some time to return. (Albeit with some positives such as spouse and children in Canada)

Hence I'm not making recommendations except to be cautious. If the need is real, it may be worth consulting an experienced lawyer - in full awareness that a lawyer might not actually be able to 'solve' the problem per se, but lay out more options.

In the end when your spouse is compliant with RO in future, she could sponsor you anew. Obviously that still may mean quite some time apart and out of Canada.

 

[Yukoneer]

Do not renew your PR card unless you have evidence you physically live in Canada for more than 730 days from the date you sign the application.

How about your sisters? Can they take care of mom?

Do not renew your PR card unless you have evidence you physically live in Canada for more than 730 days from the date you sign the application.

How about your sisters? Can they take care of mom?

No they can't as nobody is in the same country with my mother

 

[Yukoneer]

I think your father passing (I'm sorry), and helping look after your mum are good, decent reasons for not travelling at that time.

If that's not the basis for compassionate dispensation then I really don't know what is.

That said, if you can wait for the 24 months to pass before applying for PR card then you should. If you, or your mum, cannot wait then file. PR is important, but for me, and I suspect for you, family is more important than anything.

Good luck with whatever you choose to do.

Thank you for your comment.
I applied for my mum's super visa last year for this sole reason that she could come and stay with me. Since it has been almost one year and no news about it, that's why I wanted to move forward with PR renewal; else I have no other reason or intention to leave Canada. With deteriorating health condition of my mum, I feel like waiting out the RO period will be too much. Let's see

 

[Shmiler]

It may be worth seeing a reputable lawyer or immigration consultant in Canada. Explain everything honestly and see what their viewpoint is.

I would hope, if you did file for a renewal, that a country that seems to pride itself on family and compassion would see that those are exactly the values that you have prioritised, and grant you the new card.

Please let us know how you get on.

 

[canuck78]

Thank you for your comment.
I applied for my mum's super visa last year for this sole reason that she could come and stay with me. Since it has been almost one year and no news about it, that's why I wanted to move forward with PR renewal; else I have no other reason or intention to leave Canada. With deteriorating health condition of my mum, I feel like waiting out the RO period will be too much. Let's see

Do your children and spouse have PR? Supervisa is still a temporary visa and won't allow her to remain permanently in Canada. If she has medical issues she may not pass the medical.

 

[Yukoneer]

It may be worth seeing a reputable lawyer or immigration consultant in Canada. Explain everything honestly and see what their viewpoint is.

I would hope, if you did file for a renewal, that a country that seems to pride itself on family and compassion would see that those are exactly the values that you have prioritised, and grant you the new card.

Please let us know how you get on.

I am going to consult with couple of lawyers/consultant before I make a move. Will definitely update here with the recommendations

 

[canuck78]

Thank you for your comment.
I applied for my mum's super visa last year for this sole reason that she could come and stay with me. Since it has been almost one year and no news about it, that's why I wanted to move forward with PR renewal; else I have no other reason or intention to leave Canada. With deteriorating health condition of my mum, I feel like waiting out the RO period will be too much. Let's see

You only arrived in August 2020 and you must prove that you have earned LICO while in Canada to qualify for a supervisa. It sounds as you may have applied after you secured a job based on your salary which doesn't qualify for a supervisa.

 

[mrehanali]

I am going to consult with couple of lawyers/consultant before I make a move. Will definitely update here with the recommendations

have u obtained renewed PR card?

 

[Akash20071986]

I am going to consult with couple of lawyers/consultant before I make a move. Will definitely update here with the recommendations

Hello,

Did you speak with lawyer/consultant..can you share the same the name Or number of lawyer/consultant..i am in same boat as??

 

[vjdua]

Hello,

Did you speak with lawyer/consultant..can you share the same the name Or number of lawyer/consultant..i am in same boat as??

It would be better if he prepares his case himself first as no body else then him knows the facts and then consult any professional or lawyer in the field.

 

[Akash20071986]

It would be better if he prepares his case himself first as no body else then him knows the facts and then consult any professional or lawyer in the field.
[/QUOT
Got decision made since last October.. But since then no update

 

[Akash20071986]

Hello All.. Myself Akash frm Delhi, India. I applied for PR card renewal from India only on H&C grounds as was not meeting the Residency obligations..

I applied last year in April and still it's under process..

Last Friday I did speak with agent and he confirmed me that my application is approved but its selected for In-person pick up from Etobicoke office, and I should get the email with 1-2 weeks.

Here are few questions?

I am in Delhi, India at this moment, and in order to pick my card in-person.. I will need PRTD to enter Canada as PR card already expired.
Will I get PRTD based on the email received to pick my card, or any complications would be there?

IRCC might have renewed the card and would ask to pick up In-person as they might have assumed that I am already in Canada and applying PRTD will jeopardize things and I should travel through US by road, and pray would not reported while crossing the border?

Any help would be highly appreciated.