PR card renewal

[Maha Nimer]

hello. I have a PR card that got expired back in 2011. I did my landing back in 2006, and lived there for about 3 months. however, my e-husband, who is the main applicant, did not want to move to Canada, and made us all move back - Being from a a patriotic male domination culture, I did not have an opinion to be heard, hence, I left Canada! consequently, my PR card got expired without meeting the residential requirement.
I recently contacted a law firm in Canada whom will help me re-enter Canada and apply for a new PR card by submitting an application to the humanitarian department. I was told that i will get my new PR within 2 years from submitting the application. Now I hold a senior position with an international NGO and have a project that will end in 2 years from now. My question is: After submitting my application to the humanitarian department, can I wait this period -the 2 years- outside of Canada, and once I have my new PR, someone will ship the PR card for me to use it to re-enter Canada, but this time for good?
Also, what are the bases for submitting an application to the humanitarian department?

Thank you for advising back

 

[Buletruck]

You need to ask the lawyer a couple of things.

1. Are they applying for a PRTD for you
2. Are they anticipating a refusal and subsequent appeal

Based on what you have provided, you are still currently a PR if Canada, but don’t meet residency obligation. To return to Canada you must either apply for a PRTD or enter through a land border. There is no submitting for a PR card from outside if Canada, particularly if you are not in RI compliance.
As your lawyer has predicted 2 years, you should assume he is applying for a PRTD and it will be refused. So he is expecting he will be filing an appeal under H&C. Hence the 2 years.
As far as H&C is concerned, it is complicated and in reality has a low rate of success. It is based on a number of factor that they weigh to determine if it is applicable. Leaving Canada for 12 years because your husband said you had to probably isn’t a particularly strong reason. Not having any ties to Canada in that time will work against you. If you loose your appeal under H&C, you will loose your PR. IMO, the chances of a successful appeal are extremely low. You should be discussing your situation with several immigration lawyers with a solid background in this. You current lawyer sounds like he’s working hard at spending your money for nothing.

You may want to start researching for yourself before you leap into this. Start here, Section 14:

https://www.canada.ca/content/dam/ircc/migration/ircc/english/resources/manuals/op/op10-eng.pdf

 

[canuck78]

See no reason for H&C. If you are in a senior position at an NGO so you are capable of making your own decisions. Also think the lawyer is trying to spend your money without any realistic possibility of return. Get a few more opinions.

 

[Maha Nimer]

Thank you for the interesting feedback. first, I never said the lawyer will submit an application based on my X-Husband decision to leave Canada). the matter of fact, he did not tell me yet, and frankly i sensed something fishy the minute they started asking for money before even sharing a contract with me to read, approve and sign (what service will I get). Which is when I decided to do more search and found this forum!
In deed, the law firm did mention that they will apply for the humanitarian affair, and that the application will be rejected and then they will apply for an appeal which will take 2 years!! I they also told me that they will send me copy of the filed case, to show it to the immigration officer at the land boarder to facilitate my entry. I understood from you, that this a failure attempt and that i will end up loosing my status. in this case, what is the best way to renew my PR card then?

FYI, I will be entering Canada from the land boarders.

 

[Buletruck]

Just to emphasize, you are still a PR! It doesn’t need renewing, as it never expires. All you are renewing is the PR card and that is only a travel document (like a passport for permenent residents).
As a PR (you always have that status until it is revoked by the government or renounced by you), you don’t need a case file to facilitate entry. You can just show up at the border. Your entry is guaranteed. What does count is whether CBSA reports you for failing to meet residency obligation or not. In my opinion, applying for a PRTD is an unnecessary risk if you are returning through the US (the lawyer won’t be able to file an H&C claim without a PRTD refusal). It immediately increases the odds of a refusal. Entry at a Canada/US border crossing is less risky, with the risk being the CBSA officers decision to report you or not. If you have a social insurance number, you can, if not reported remain in Canada until you meet the RO (730 days) before applying for a PR card.
It is highly likely ( almost inevitable) you will be referred into secondary inspection upon entry. This is where you have the opportunity to convince the CBSA agent of your reasons for not meeting RO, before he issues a report for RO. If he isn’t compelled to report you, you are free to enter Canada. In that situation, you should not contact CBSA (don’t leave Canada) or IRCC until you are well within the residency requirements (800 plus’s days would be safe). At that time you can renew your PR card.
If he does report you, you will still be allowed to enter. You will have 30 days to submit an appeal, or IRCC will simply revoke your PR status if you don’t appeal. Once the appeal process begins, you can remain until the appeal is heard and decided. The appeal will need to be based on humanitarian reasons for you not meeting your RO. Caring for sick parents, best interest of any children involved or any reason you feel compelled you to remain outside of Canada. The appeal board will weigh those factors and determine if they feel you were justified in not meeting your RO or not. Things that work in your favour are family sickness, establishment in Canada before and after your return, best interest of children in Canada. Things that don’t work so well are economic reasons, education outside of Canada, or anything that was a personal choice. In my opinion (and it’s an unqualified one), you made a choice to leave. There was no requirement (coming from a patriarchal society doesn’t mean your rights are removed in Canada) to leave because your husband said you had to. Having said that, building a case on cultural norms and tradition may work to your advantage. It all depends on how it is presented.

EDIT (apart from appalling grammar and spelling): When presenting your reasons to CBSA at entry, remember those reasons should appear on an appeal as well. You can add more to the appeal, but in my mind, they should correspond with each other. If you do file an appeal, you can retain a lawyer then to assist you. That allows you to meet and inquire with them personally (not that you shouldn't short list a few before you arrive), rather than via e-mail or phone calls.

 

[Maha Nimer]

Thank you for the very useful and important feedback. I would appreciate it if you can help advising me on one last thing. To enter Canada through the land boarders, are my expired PR card, SIN number card and the old stamped immigration visa (the very fist one for landing) are those documents enough to present at the boarder, or do I MUST also present my landing paper as well (which I don't have)?

 

[canuck78]

No those all should be fine. They will look you up in the computer. Obviously your landing documents in addition would be better. Just to be clear if ever you are allowed to enter without being reported you can not leave Canada for 2 whole years. Also can't sponsor anyone during that 2 years. As previously mentioned you have been out of Canada for 11 or 12 years at thr point and only spent 3 months in Canda. The chances of not getting your PR revoked in the end are very very very low. Would not make huge life decisions based on the fact that you will be staying in Canada on a permanent basis.

 

[Maha Nimer]

do you know if I can apply for health card online, highlighting the fact that i have never had one before? or do i need to be in person when applying for it?

 

[canuck78]

You need to be there in person. You are going to need your landing document or a valid PR card. Usually you need to prove your residency.

 

[steaky]

You need to be there in person. You are going to need your landing document or a valid PR card. Usually you need to prove your residency.

No, OP can apply online in BC which is a part of Canada. OP should specify what province.

@Maha Nimer There is no option to apply in person in BC but to complete the application, you need to visit a driver licensing office.

 

[canuck78]

No, OP can apply online in BC which is a part of Canada. OP should specify what province.

@Maha Nimer There is no option to apply in person in BC but to complete the application, you need to visit a driver licensing office.

So that means she still has to go into an office. New applications always need to go in person for photo id or to verify info. If she was renewing it would be a different story depending if new picture was required.