Hi guys,
I am in a mess and really need some advice. I have Canadian PR from 2018 April. I have to renew my PR now but my absence from Canada in last 5 years is 1107 days which is 12 days over the limit. Is there any way that I can still get my PR renewed ?
I was in India from mid of 2020 till last month to take care of my parents during Covid-19.
This was a very big golden opportunity for someone like me who comes from middle class background, any suggestion will be helpful. Thanks!
Come to Canada SOON and see a lawyer, a good lawyer, and at the least make that a consultation you PAY for.
Assuming you arrive and enter Canada without facing Inadmissibility enforcement at the Port-of-Entry, you will then be in a position to evaluate things better and make decisions about how to handle things from there. It would be very helpful to have a good lawyer guide you in making these decisions, which are not likely to be at all easy decisions (an understatement: your situation is likely to force you to make some hard decisions).
HOWEVER, you meet the definition of inadmissible, so you could face Inadmissibility enforcement when you arrive, and be issued a Removal Order. Given the small breach and an explanation based on your situation, odds are good this will NOT happen. But it could (and the length of your more recent absence tends to increase this risk some). If it does, that is if you are issued a Removal Order when you arrive here, appeal and get a lawyer.
If Subject to Inadmissibility Enforcement at PoE Upon Arrival:
Oddly enough, in your situation this might be the best situation going forward. Weighing risks and contingencies in this situation is complicated. But, a small breach in combination with some additionally favourable H&C factors (your reasons for remaining outside Canada so long), should make for a decently strong case on appeal. Of course this would require MOSTLY STAYING in Canada. The reason why this might be advantageous for you is that pending an appeal you should be able to apply for and relatively routinely obtain a one-year PR card. This would allow you some flexibility to travel pending the appeal.
CAUTION: any additional extended time outside Canada would severely compromise the strength of your case in the appeal. Minimal travel, or none, would be best. Moreover, it would be prudent to obtain advice and, preferably assistance, from a good lawyer.
I generally steer clear of offering anything like advice, and especially as to a course of action that could be rather tricky. However, if you expect to come to
mostly stay but you also anticipate it is very likely you will want (
need) the flexibility to travel (however, not for any lengthy time abroad), your best path ahead might indeed be to come, be upfront about falling short of meeting the RO, and more or less trigger the 44(1) Inadmissibility procedure. Then appeal. Lawyer-up. Apply for PR card pending appeal (IRCC should readily issue a one-year PR card).
Note: this is
ONLY if you (1) can come to mostly STAY, and (2) you will
need the flexibility to travel some, but (3) you only anticipate SHORT trips outside Canada.
Nonetheless, to be clear, coming soon and coming to STAY, is your best chance of keeping PR status. This warrants repeating with emphasis.
Make No Mistake: Coming to STAY, and STAYING is your best chance of keeping PR status.
If you can come and STAY, better to do your best to persuade border officials (if they ask) that you deserve the chance to keep PR status. Assuming you are not issued a Removal Order, you can then stay. And as almost everyone emphatically says, best to NOT make a PR card application UNTIL you have stayed long enough to be in compliance with the Residency Obligation.
Any recent experiences where PR card was renewed on Humanitarian grounds?
- looking for timeline
- tips- dos and don'ts etc
Here's a tip. STOP posting the same question(basically) in so many different threads! It makes it really hard for people to try to help you.
Yep.
@connected2arushi : pick one topic and discuss your situation and questions in that one.
I am stuck in similar situation, same timeline and everything so looking for a reply too. Please let me know if you find an answer as I am very desperate and scared
This post was in the topic "
Returning while not meeting RO - any recent experiences?" . . . there was extensive discussion in that topic. Perhaps you could read through the posts there and then ask further questions -- again, however, pick one topic for doing that. This one seems appropriate, but you choose. Note that I gave a detailed response to
@VJ@1981 in particular on this page:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/returning-while-not-meeting-ro-any-recent-experiences.793801/page-4#post-10432958 Note that I also discuss there some potential advantages to getting a new PR card, with
BIG cautions attached.
Your situation is indeed a difficult one if you do NOT plan to stay in Canada. The answer is probably NOT found in applying for a new PR card if you are not coming to Canada to STAY. In particular: Unless you are coming to stay it makes little sense to apply for a PR card based on H&C reasons now. See experience reported by
@bhargav51 here:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/prtd.794756/
If you anticipate leaving Canada in the near future and being abroad for any significant period of time, the only advantage to obtaining a new PR card (assuming one would be issued and actually delivered to you, which is no where near a guarantee) is that it will give you the flexibility to fly directly to Canada without having to apply for a PR Travel Document. Probably just once, since the risk of facing Inadmissibility enforcement when you do come to Canada will be high (despite having a new PR card) if you have been abroad for a substantial period of time.
Some Additional Observations Regarding H&C Factors:
H&
C and Covid:
The H&C value of Covid-related explanations for not returning to Canada sooner is almost certainly waning and in most cases, now, probably has relatively LITTLE positive influence.
Remember, H&C relief largely depends on the extent to which there are compelling reasons why the PR did not return to Canada sooner. It is not about adding up a patch-work of reasons why the PR was abroad for this and that period of time. It is not as if H&C is based on a kind of credit for this or that period of time outside Canada.
That is, even if a PR's return to Canada was very much delayed due to the impact of Covid (not just limited to periods that travel was not available, but can include periods during which the impact of Covid imposed difficulties in returning to Canada for the individual), in so far as the impact of Covid goes, almost any PR could have returned to Canada during the last several months, if not for at least the last year or more. The fact that the PR remaining abroad in 2020 and 2021 was due to Covid, for example, offers virtually NO explanation for continuing to remain abroad during this last year.
Covid most likely had significantly more weight for a PR arriving here (returning to Canada) a year ago or so (again, not limited to time periods travel was outright banned). That was then. And, again, it is not as if PRs get a credit for having a compelling reason to be abroad in the past. H&C relief is primarily focused on whether there are compelling reasons why the PR did not arrive here sooner.
H&
C Relief is NOT Prospective; Not for future absences:
Generally a PR should wait to seek H&C relief ONLY when they are prepared to come and STAY. H&C relief is for situations that have restricted a PR's ability to reasonably return to Canada, and is specifically focused on the reasons why the PR has not arrived here sooner. H&C relief is generally NOT prospective, not for continuing absences.
