PR renewal on H&C grounds as RO not met

[hbc]

Self and wife - 82ys and 77 yrs. Canadian PRs for over 10 yrs. Past PR renewals smooth. We have only one child - a daughter, who is Canadian citizen for 20+ yrs. We live with her, her husband and her child.

Situation - We have been outside Canada since October 2019 (had to go for death of overseas family member). We were scheduled to return in March 2020 (tickets booked) but covid lockdowns led to flight cancellation. Thereafter wife suffered 2 strokes (Feb and Oct 2021) and self got COVID and in ICU (while still overseas) in Sept 21. PR card expires Oct 2022. Plan to return to Canada June 2022, but have to travel out of Canada for unavoidable family need (no control over that) in early 2023.

So, we have been out of Canada since Oct 2019 to end June 2022. Hence RO will not be met when PR expires in Oct 2022. For June 2017-June2022 we would have been in Canada for approx. 365 days (had been in and out due to many wediings outside Canada in time period June 2017-April2019 and thereafter from Oct2019 onwards outside Canada due to above stated reasons - covid, strokes, etc). We need to get PR renewed as have to travel in early 2023.
We are thinking of applying for PR renewal in July 2022 on H&C grounds with RO not met.

Questions

1. Suggestions/recommendations on names of immigration lawyer / immigration consultants who specialize in PR renewal on H&C grounds when RO not met (GTA preferred as we live in Toronto)? If you have used them personally and successfully, please share their information.
2. Will the immigration officer at Toronto Pearson airport let us into Canada as RO is not met (but PR card is valid)?
3. How long is the processing time right now (if someone can tell from their experience) for PR renewal under H&C when RO not met?
4. If we (self and wife) apply in July 2022 (soon after coming to Canada), would the PR be renewed by early 2023?
5. Who would be able to help better - immigration consultant or immigration lawyer?

Thanks

 

[armoured]

So, we have been out of Canada since Oct 2019 to end June 2022. Hence RO will not be met when PR expires in Oct 2022.

Okay, first thing, PR card may expire in Oct 2022, but not PR status. Second is, what matters is how many days in Canada in any given five year period looking back from when you are examined - to be in compliance, that means 730+ days in Canada eg from June 2017 to June 2022 if you arrive in June.

You may find it easier to calculate days out of Canada instead of days in Canada - ie if out of Canada less than 1095 days in that five year period, you are in compliance. (this is just arithmetic restatement of the 730+ days rule for ease of calculation)

SO: you have not given the necessary information. How much were you and spouse IN Canada between June 2017 and June 2022? (Or out of Canada if you prefer).

Jumping a bit ahead:
-If IN Canada days is >730 days, you will be in Canada when you return. Apply for PR card renewal shortly after you arrive. If you need to travel in 2023, let's look at that as separate case - because other info will be important like how long you need to be abroad. (Short form, it will be much easier to deal with if you get PR card renewed and your planned travel is not very long).

-If NOT: it's more complicated and let's see what your answer is first about physical days in Canada/RO compliance first.

 

[hbc]

Okay, first thing, PR card may expire in Oct 2022, but not PR status. Second is, what matters is how many days in Canada in any given five year period looking back from when you are examined - to be in compliance, that means 730+ days in Canada eg from June 2017 to June 2022 if you arrive in June.

You may find it easier to calculate days out of Canada instead of days in Canada - ie if out of Canada less than 1095 days in that five year period, you are in compliance. (this is just arithmetic restatement of the 730+ days rule for ease of calculation)

SO: you have not given the necessary information. How much were you and spouse IN Canada between June 2017 and June 2022? (Or out of Canada if you prefer).

Jumping a bit ahead:
-If IN Canada days is >730 days, you will be in Canada when you return. Apply for PR card renewal shortly after you arrive. If you need to travel in 2023, let's look at that as separate case - because other info will be important like how long you need to be abroad. (Short form, it will be much easier to deal with if you get PR card renewed and your planned travel is not very long).

-If NOT: it's more complicated and let's see what your answer is first about physical days in Canada/RO compliance first.

Thanks a lot. From 2017 June to 2022 June, we would have been in Canada for about approx 365 days.......(not 730 days). We had many weddings (outside Canada) from June 2017-April 2019. So we are short about 365 somewhat days.....

 

[hbc]

Okay, first thing, PR card may expire in Oct 2022, but not PR status. Second is, what matters is how many days in Canada in any given five year period looking back from when you are examined - to be in compliance, that means 730+ days in Canada eg from June 2017 to June 2022 if you arrive in June.

You may find it easier to calculate days out of Canada instead of days in Canada - ie if out of Canada less than 1095 days in that five year period, you are in compliance. (this is just arithmetic restatement of the 730+ days rule for ease of calculation)

SO: you have not given the necessary information. How much were you and spouse IN Canada between June 2017 and June 2022? (Or out of Canada if you prefer).

Jumping a bit ahead:
-If IN Canada days is >730 days, you will be in Canada when you return. Apply for PR card renewal shortly after you arrive. If you need to travel in 2023, let's look at that as separate case - because other info will be important like how long you need to be abroad. (Short form, it will be much easier to deal with if you get PR card renewed and your planned travel is not very long).

-If NOT: it's more complicated and let's see what your answer is first about physical days in Canada/RO compliance first.

Came into Canada july 2022. Need to leave for 4 to 6 months in may 2023. Short in RO by 100 days in last 5yrs. Any consultant or lawyer that can be recommended for consultation specifically for urgent pr renewal with ro not met due to H&C. Need to travel for 4 to 6 mnths in may 2023. Please help.

 

[armoured]

Came into Canada july 2022. Need to leave for 4 to 6 months in may 2023. Short in RO by 100 days in last 5yrs. Any consultant or lawyer that can be recommended for consultation specifically for urgent pr renewal with ro not met due to H&C. Need to travel for 4 to 6 mnths in may 2023. Please help.

I have no lawyer recommendations. The firm that backs this forum is active in immigration law, and I've not heard anything bad about them.

"In last five years" important is last five years when you leave and re-enter Canada.

I'd note though several different scenarios depending on circumstances, with an underlying point that I think it's mistaken to start from the premise that you 'need to do PR renewal' (assuming you mean renewal of your PR card) - assuming that priority is to retain PR status:
-if you can travel through USA (eg passport / visa that allows you entry to USA), and you just need to return once, you might try just returning through USA (land border) and taking your chances on not being reported.
-depending on math (how much you will be out of compliance), you could also just apply for PRTD and hope for positive response/be ready to appeal. If total non-compliance is not that bad and you have plausible H&C reasons, again, chances may be good. (Risk here is higher and possibility processing time will be longer than you'd like)

Best chances are to not leave for six months when you know you are not in compliance. Of course.

 

[canuck78]

Came into Canada july 2022. Need to leave for 4 to 6 months in may 2023. Short in RO by 100 days in last 5yrs. Any consultant or lawyer that can be recommended for consultation specifically for urgent pr renewal with ro not met due to H&C. Need to travel for 4 to 6 mnths in may 2023. Please help.

What is your priority attending weddings or keeping your PR status? PR status seems to be a no brainer.