PR card Renewal + H&C

[TAH_canada]

Hello

My PR card will be expired in about 5 months (Jun 2015) . I am 3 month short of meeting the Residency obligation ( I have been in Canada 21 months in past 5 years). I had a knee surgery at a hospital in my country last year and I have a letter that I have to rest for 3 month ( I have all the Hospital document). As I need to return back to my country for my work next week and will not come back Canada before my PR expiation date, I want to apply now and send my Hospital document and treatment history with the PR Renewal forms. How much chance do I have to get my PR card renewed on H&C grounds. Is there any form I have to fill for requesting for H&C ?

If they reject my application before the expiration date of my PR Card, will they revoke my card ? will I lose my PR status?
If I lose PR status by CIC before my current card PR card expiration date , will I still be able to use this PR card to pass the Passport check in the airport and enter Canada without problem? (before the PR card expiration date).

Thank You

 

[scylla]

Your chances of successfully applying for H&C are extremely low. You just said that you need to return to your country to work and cannot return to Canada before your PR card expires. So your reasons for failing to meet the residency requirement have nothing to do with a simple knee surgery that forced you to rest for three months. You're failing to meet RO because you are working outside of Canada. You could very easily meet RO if you just remained in Canada now. CIC will see this and refuse your H&C application.

Yes - if your H&C application is refused, this will mean you have lost your PR status. If you close your PR status your PR card will no longer be valid.

If you want to keep your PR status you need to change your plans. You either need to remain in Canada now to meet the residency requirement. Or you need to return to Canada before your PR card expries, hope you are not reported by immigration for failing to meet RO, and then remain in Canada without leaving until you meet the residency obligation and can renew your PR card.

 

[dpenabill]

My PR card will be expired in about 5 months (Jun 2015) . I am 3 month short of meeting the Residency obligation ( I have been in Canada 21 months in past 5 years). I had a knee surgery at a hospital in my country last year and I have a letter that I have to rest for 3 month ( I have all the Hospital document). As I need to return back to my country for my work next week and will not come back Canada before my PR expiation date, I want to apply now and send my Hospital document and treatment history with the PR Renewal forms. How much chance do I have to get my PR card renewed on H&C grounds. Is there any form I have to fill for requesting for H&C ?

If they reject my application before the expiration date of my PR Card, will they revoke my card ? will I lose my PR status?
If I lose PR status by CIC before my current card PR card expiration date , will I still be able to use this PR card to pass the Passport check in the airport and enter Canada without problem? (before the PR card expiration date).

Reality-check I : as already observed by scylla, if you leave Canada soon you are almost certain to lose PR status.

Reality-check II : You cannot apply for and obtain a new PR card before you leave next week.

Reality-check III : If you apply with less than 730 days presence in Canada in the five years preceding the date you make the application, your application for a new PR card will almost certainly be denied. To be eligible for a new/replacement PR card, the PR must be in compliance with the PR obligation. H&C grounds are, ordinarily, not considered. H&C grounds are considered for purposes of determining whether a PR should be allowed to retain PR status.

That is, while the application for a PR card is dependent on valid status, it is not itself a determination of whether or not a PR should be allowed to retain status based on H&C grounds.

In particular, if you submit an application for a new PR card and are short of compliance with the PR residency obligation, CIC will typically not issue a new or replacement card, but rather will conduct a Residency Examination, in effect initiating proceedings to determine whether or not to issue a Departure Order (Removal Order). It will be in that process that H&C grounds will be considered in determining whether you lose PR status. (And, in this I likewise concur in the observation by scylla that your case does not appear to be a good one.)


Bottom-line: You appear to be at that point where you need to make a firm decision about how important having PR status in Canada is. To keep your PR status, stay, and wait until you meet the 730 days in Canada within five year threshold before applying for a new/replacement PR card.

Or, leave, keep your job abroad, and lose PR status.

 

[frankiexyz]

Hello!

I have been a PR since December 2009, but I only stayed in Winnipeg for a month and a week. I went back to my country after that because my parents got separated and I was still a minor so I didn't have the control to decide on my own where I want to go or stay etc. After 6 years, I decided to go back to fix my PR status. Luckily, my travel document got approved last April under the H&C grounds.

I was granted admission to York University and I was granted OSAP funding. I've been living here now in Toronto for 6 months already since June 8, 2015 (I basically re-entered). My card expired on June 24, 2015. I applied for the renewal of my PR card on June 29, 2015. I checked the status and they have begun processing it last December 7.

I've been hearing a lot of timing issues in regards to PR renewal application. When I renewed, I haven't fulfilled the 730-day obligation. But when the CIC started processing my application, I am already fully settled here because I am undergrad and living a normal immigrant life working part time with a SIN number etc. However, because I haven't met the 730-day obligation yet, would I still be granted a new PR card (knowing that they also granted my travel document to come back to Canada under Humanitarian & Compassionate grounds)? Would that mean exception? Or would I most likely get rejected from having a new PR card?

Additional question: Shouldn't I have waited 'til I fulfill the 730-day obligation before applying for renewal?

I am worried that I may not be able to study at York anymore and not be granted OSAP funding because of this. My parents aren't here with me. I am living alone.

Many thanks!

 

[scylla]

You should be fine since you obtained your TD under H&C. This allows you to apply for PR card renewal immediately without meeting the residency requirement.

But understand that this is your one "get out of jail free" card. Going forward, make sure you meet RO if you want to keep your status in Canada.