razdan_rakesh said:
I have been granted PR in 2011 and we entered the country First time in Feb 2011. Stayed there for 2 weeks and returned back due to family commitments. My family returned back to Canada for good in Sept 2014 and have been stayed there since then. I have my family commitments and business/ work back home. I keep on coming to canada 3 times in a year since Sept 2014. My PR is expiring by March 2016. I have applied for PR renewal on H&C grounds, as my mother was not well and I am the only sibling/son/family member to take care of her. We have applied for PR renewal on H&C grounds and also stated that extension be granted for 1 year till end of 2016, as my mother is recovering well and I am also in process of winding up my business and returning back to Canada for good as my family[wife and children] are working and studying there.
I have a business registered there since June 2015, but only operational since Dec 2015. Not much work is being done on the company as I am not there.
I am currently in a fix because of the comments and post on CIC that after the expiry of my PR I wont be able to enter canada even on Visitors VISA to see my family. The processing time as indicated on CIC website is 38 months for PR renewal based on H&C.
For applying PRTV I have to renounce my PR status [I would not be interested in doing that] and then it is the discretion of the Immigration officer whether to consider granting me a VISITOR VISA.
Please advise the best option to keep my PR in Place and visit my family till the PR is renewed. I have requested the deadline till end of 2016 and after that I will go to Canada for good.
I also forsee that my wife cannot apply for spouse sponsorship, while the PR renewal is going on.
Your expert advise and experience would be highly appreciated.
The best option is one which, apparently, you cannot do: stay in Canada. Even then, however, you and your family are now at risk for a Residency Determination resulting in a Departure Order and the loss of PR status. Outcome will depend, to a significant extent, on the strength of the H&C reasons presented as justification for retaining PR status. I address this in more depth below.
The strength of your H&C case will depend in large part on the nature of your mother's illness, and extent to which it is necessary for you to stay to care for her.
If you have a strong H&C case, after your current PR card expires you will be able to apply for a PR Travel Document so that you may board a flight to Canada. Be sure to submit documentation from doctors and such, including statements affirming the extent to which you need to personally care for your mother. Obviously, this risks being refused the PR TD, in which case you would need to appeal, and apply for a special PR TD to facilitate your travel to Canada while the appeal is pending (since you have been in Canada within the last year, assuming you have, you should be able to get the special PR TD).
Beyond that, it appears you may be confused about some aspects of what is involved.
Clarification regarding applying for "PR renewal:"
Many refer to renewing "PR" when they mean and understand this is about applying for a new or replacement
PR card.
It is not clear you understand this, since you seem to be requesting IRCC (formerly CIC) to give you a one year extension of your PR status.
You are a PR and continue to be a PR unless and until there is a formal decision to terminate your PR status (or you renounce PR status, or you become a citizen, or you die).
There is no application to renew PR status. There is no application to extend PR status.
The PR card is more like a passport than a drivers license. The PR card is much like the passport in the way the passport is a document showing a person's status (citizen), which expires after a certain time, and an application for a new or replacement passport is not about renewing citizenship but about eligibility for the document proving citizenship. In contrast, when a drivers license expires, status allowing the person to drive a vehicle terminates unless that status is renewed.
The difference between a PR card and a passport is about the status: there are no conditions or requirements for maintaining citizenship and it is never terminated (with rare exceptions of revocation), whereas there are conditions for maintaining PR status, including the one you have breached, the obligation to comply with the PR Residency Obligation.
Clarification regarding timeline when applying for a replacement PR card based on H&C grounds:
You cite the timeline (posted at the Immigration and Citizenship website) for H&C cases generally. This would include the H&C application for PR.
That has
nothing to do with an application for a new/replacement PR card even though you have presented the H&C case as reason for issuing you a new/replacement PR card given the failure to comply with the PR Residency Obligation.
That noted, the processing of the PR card application will be
non-routine and thus probably take longer, perhaps considerably or even a lot longer, than the posted timeline for PR card applications (lately this has been around six months as I recall). Moreover, there is no guarantee the application will succeed.
Risk PR card application fails:
For members of your family who are staying in Canada and thus who will be in compliance with the PR RO in September, that is two years from date they came to Canada (or as soon as they reach the threshold of 730 days in Canada within the last five years), between now and then there remains the risk of a Residency Determination in which it is determined they are in breach of the PR RO and there are not sufficient H&C grounds to justify retention of PR status.
Same for you but obviously a greater risk given the extent to which you are abroad.
I cannot guess (and no one here can reliably predict) what the chances are, except to
guess that it may be that your family has now been here long enough, is established enough, that in conjunction with even somewhat slight reasons for H&C consideration, they have reasonably fair odds of being OK. Especially for those immigrants who get back to Canada to settle in Canada within the first five years, Canada tends to be more or less lenient, sometimes even generous.
Your situation, however, probably depends on having made a fairly solid H&C case. Again, the effort to come to Canada and get settled in Canada is indeed a strong factor in your favour, including the extent to which your family is now settled in Canada, so if other H&C reasons are also compelling, you too may have reasonably fair odds of being issued a new PR card based on H&C reasons. But forecasting outcomes in such cases is at best a ballpark guess, and typically not even that reliable.
An observation which might better illuminate some context:
It was not a good idea to apply for the new PR card so soon, at least not for those members of your family who are staying and not traveling. If they stayed until they were much closer to reaching the 730 days in Canada threshold, before applying for a new PR card, the risks would be far less . . . and if they waited until passing the 730 day threshold, that risk would have been reduced to near zero.
Note: there is no need to have a valid PR card in possession for a PR who is in Canada and not traveling abroad. That is, your family could have allowed their PR cards to expire before applying for the new card, so long as they stayed in Canada, without any negative consequence.
But of course that is in the vein of
would have, could have, should have but did not.
