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PR Renewal under H&C Grounds applied - need to leave Canada again - can I reapply for urgent processing?

AY2024

Newbie
Sep 3, 2024
1
0
Applied for PR renewal in June 2024 under H&C grounds because spouse passed away during Covid in home country so could not meet obligation.
Need to travel back again in 3 weeks and have not heard back regarding application. It has been 90+ days.
How can I apply for urgent processing?
Do I need to be in Canada when renewal decision is made or can my children collect the card on my behalf and give it to me when they visit?
Can I apply for PRTD under H&C from home country while PR is processing when I have to travel back?
Should I apply super visa while coming back while PR renewal is in process?
Can I enter via US border with 1 year old expired pr card?
What is the best way to go about this? I am usually in Canada for 8 months and home country for 4 months of winter.
 

scylla

VIP Member
Jun 8, 2010
94,889
21,538
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Applied for PR renewal in June 2024 under H&C grounds because spouse passed away during Covid in home country so could not meet obligation.
Need to travel back again in 3 weeks and have not heard back regarding application. It has been 90+ days.
How can I apply for urgent processing?
Do I need to be in Canada when renewal decision is made or can my children collect the card on my behalf and give it to me when they visit?
Can I apply for PRTD under H&C from home country while PR is processing when I have to travel back?
Should I apply super visa while coming back while PR renewal is in process?
Can I enter via US border with 1 year old expired pr card?
What is the best way to go about this? I am usually in Canada for 8 months and home country for 4 months of winter.
If you are applying under H&C, normal processing times generally don't apply and you generally can't successfully request urgent processing. If you want to try requesting urgent processing, the details are here: https://www.canada.ca/en/immigration-refugees-citizenship/services/new-immigrants/pr-card/apply-renew-replace/urgent.html Urgent processing is only considered in certain circumstances.

You technically do not have to be in Canada when the renewal decision is made. However generally speaking, getting your PR card renewed under H&C is less successful if you leave Canada. Also, if your renewal is approved, it's possible you may be asked to go to the IRCC offices in person to pick up the card. If that happens, you have to be the one to go, your children cannot go on your behalf.

You cannot apply for a super visa without formally renouncing your PR status first. So no, you should not apply for a super visa. You don't qualify for one.

Yes, you can re-enter via the US border with an expired PR card.

If keeping your PR status is your priority, then the best way to go about this is to remain in Canada without leaving until there is a decision in your renewal application. If keeping PR is not a priority, then leaving is fine.
 
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canuck78

VIP Member
Jun 18, 2017
54,488
13,211
Would add that you are required to inform IRCC that you left Canada and update your current address to your home country address especially if you will be gone for an extended period of time. If you value your PR status as already stated remain in Canada until you are back in compliance with your RO. You will be out of compliance once again when you try to enter Canada next time. It can take a long time to process PR card renewal based on H&C and that doesn’t mean you will retain your PR status that is dependent on meeting RO.
 
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Viv B

Newbie
Sep 7, 2024
3
0
Canuk78, I get that one should inform if staying outside for an extended period. But isn't that a relative term? Someone going for 6 to 8 months may think that they are on a short trip, for a process that anyways takes 18 to 20 months as I read. Also, do they process on priority for senior citizens beyond 75 years? They might like to spend time away in winters due to the harsh weather, a right other residents cherish. What if a resident chooses to stay 6 months every year?
 

scylla

VIP Member
Jun 8, 2010
94,889
21,538
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Canuk78, I get that one should inform if staying outside for an extended period. But isn't that a relative term? Someone going for 6 to 8 months may think that they are on a short trip, for a process that anyways takes 18 to 20 months as I read. Also, do they process on priority for senior citizens beyond 75 years? They might like to spend time away in winters due to the harsh weather, a right other residents cherish. What if a resident chooses to stay 6 months every year?
Are you asking about applying for PR card renewal under H&C or are you asking about applying for PR under H&C? These are two completely different things. The 18-20 month processing applies to the second and not the first.
 

scylla

VIP Member
Jun 8, 2010
94,889
21,538
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Canuk78, I get that one should inform if staying outside for an extended period. But isn't that a relative term? Someone going for 6 to 8 months may think that they are on a short trip, for a process that anyways takes 18 to 20 months as I read. Also, do they process on priority for senior citizens beyond 75 years? They might like to spend time away in winters due to the harsh weather, a right other residents cherish. What if a resident chooses to stay 6 months every year?
And to clarify, if someone is applying for PR under H&C, they absolutely should not leave Canada despite the long processing times.

If someone is applying to renew their PR card is we H&C, they also should not leave Canada if keeping their PR status is a priority. Ultimately up to them and how important PR is to them. If not important, then no problem leaving.

There is no priority processing for seniors. I'm not sure why you think there would be. Residents are free to stay outside of Canada for six month each year provided they meet the residency requirement. If they don't meet the residency requirement, they cannot expect to benefit from the full privileges of PR.
 

Viv B

Newbie
Sep 7, 2024
3
0
And to clarify, if someone is applying for PR under H&C, they absolutely should not leave Canada despite the long processing times.

If someone is applying to renew their PR card is we H&C, they also should not leave Canada if keeping their PR status is a priority. Ultimately up to them and how important PR is to them. If not important, then no problem leaving.

There is no priority processing for seniors. I'm not sure why you think there would be. Residents are free to stay outside of Canada for six month each year provided they meet the residency requirement. If they don't meet the residency requirement, they cannot expect to benefit from the full privileges of PR.
Thanks.. I meant renewals of PR under H&C.

in my view, since one has applied for, automatically means there is an interest. So thinking if PR is important don’t leave is like begging .. If IRCC has not prescribed any compulsions for HC renewals to remain in Canada on the official website then there is no question of expecting them to be around or be outside of Canada for sometime.. I don’t think there has to be any compelling reason or the applicant owes one. One can even say that he just went for a vacation. That’s a right. In future renewal , they may consider those absence and see in a different light.

Why I seek to expedite for senior citizens? Think it makes sense to give them a yes or no decision sooner so that they don’t live in suspense. Like in my case if they have any plans, they should be free to travel without any fear as I have seen a constant thought that they won’t be around very long.
 

canuck78

VIP Member
Jun 18, 2017
54,488
13,211
Thanks.. I meant renewals of PR under H&C.

in my view, since one has applied for, automatically means there is an interest. So thinking if PR is important don’t leave is like begging .. If IRCC has not prescribed any compulsions for HC renewals to remain in Canada on the official website then there is no question of expecting them to be around or be outside of Canada for sometime.. I don’t think there has to be any compelling reason or the applicant owes one. One can even say that he just went for a vacation. That’s a right. In future renewal , they may consider those absence and see in a different light.

Why I seek to expedite for senior citizens? Think it makes sense to give them a yes or no decision sooner so that they don’t live in suspense. Like in my case if they have any plans, they should be free to travel without any fear as I have seen a constant thought that they won’t be around very long.
Canada has an extremely lenient RO. If you don’t meet it then there are consequences like the risk of losing PR or having to remain in Canada until you meet your RO. Your father is required to notify IRCC if leaving Canada unless for a very short period of time not months. He signed a document indicating his residence is currently in Canada. If he leaves for months it is no longer his residence. If caught misrepresenting your situation to IRCC that can have significant consequences.
 
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Buletruck

VIP Member
May 18, 2015
6,806
2,630
Thanks.. I meant renewals of PR under H&C.

in my view, since one has applied for, automatically means there is an interest. So thinking if PR is important don’t leave is like begging .. If IRCC has not prescribed any compulsions for HC renewals to remain in Canada on the official website then there is no question of expecting them to be around or be outside of Canada for sometime.. I don’t think there has to be any compelling reason or the applicant owes one. One can even say that he just went for a vacation. That’s a right. In future renewal , they may consider those absence and see in a different light.

Why I seek to expedite for senior citizens? Think it makes sense to give them a yes or no decision sooner so that they don’t live in suspense. Like in my case if they have any plans, they should be free to travel without any fear as I have seen a constant thought that they won’t be around very long.
Lots of people apply under H&C simply because they want to remain PRs (along with all the benefits) without having made any effort to meet RO or contribute to the country. And why not prioritize the younger people who are actually going to work and pay taxes at a higher rate....that makes more sense to me.
 
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Copingwithlife

VIP Member
Jul 29, 2018
4,312
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Earth
Thanks.. I meant renewals of PR under H&C.

in my view, since one has applied for, automatically means there is an interest. So thinking if PR is important don’t leave is like begging .. If IRCC has not prescribed any compulsions for HC renewals to remain in Canada on the official website then there is no question of expecting them to be around or be outside of Canada for sometime.. I don’t think there has to be any compelling reason or the applicant owes one. One can even say that he just went for a vacation. That’s a right. In future renewal , they may consider those absence and see in a different light.

Why I seek to expedite for senior citizens? Think it makes sense to give them a yes or no decision sooner so that they don’t live in suspense. Like in my case if they have any plans, they should be free to travel without any fear as I have seen a constant thought that they won’t be around very long.
If they want the freedom to travel , renounce their PR and maintain residency with their home country

PR cards aren’t like gym memberships where you come & go as you please

There are obligations
In Canadas ridiculously lenient ones
 
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armoured

VIP Member
Feb 1, 2015
16,649
8,478
in my view, since one has applied for, automatically means there is an interest. So thinking if PR is important don’t leave is like begging .. If IRCC has not prescribed any compulsions for HC renewals to remain in Canada on the official website then there is no question of expecting them to be around or be outside of Canada for sometime.. I don’t think there has to be any compelling reason or the applicant owes one. One can even say that he just went for a vacation. That’s a right. In future renewal , they may consider those absence and see in a different light.

Why I seek to expedite for senior citizens? Think it makes sense to give them a yes or no decision sooner so that they don’t live in suspense. Like in my case if they have any plans, they should be free to travel without any fear as I have seen a constant thought that they won’t be around very long.
It's rare I see a post that just screams 'entitlement' as this one.

They have residency obligations as PRs they did not comply with. They've asked for H&C relief - term that begging or not, they've asked for leniency.

They have the right to leave, and they are free to travel outside Canada. Canada has the right to refuse and revoke PR status for that non-compliance, or refuse a PRTD when/if they apply for one. By leaving, they will increase the chances of their H&C app being refused (or similar).

If they want a quick answer, they are also free to renounce their PR status.
 

scylla

VIP Member
Jun 8, 2010
94,889
21,538
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Thanks.. I meant renewals of PR under H&C.

in my view, since one has applied for, automatically means there is an interest. So thinking if PR is important don’t leave is like begging .. If IRCC has not prescribed any compulsions for HC renewals to remain in Canada on the official website then there is no question of expecting them to be around or be outside of Canada for sometime.. I don’t think there has to be any compelling reason or the applicant owes one. One can even say that he just went for a vacation. That’s a right. In future renewal , they may consider those absence and see in a different light.

Why I seek to expedite for senior citizens? Think it makes sense to give them a yes or no decision sooner so that they don’t live in suspense. Like in my case if they have any plans, they should be free to travel without any fear as I have seen a constant thought that they won’t be around very long.
They are free to travel.

There is no guarantee they will be able to retain their PR status since they don't meet the residency obligation. This is not a right. It's well established that leaving Canada while a PR card renewal under H&C is under process reduces the chances of success. Their choice what they do and what is a priority for them. It's really quite simple.

There is no expedite option available. Expedite options for renewal are only available to those who meet the residency obligation.
 

YVR123

VIP Member
Jul 27, 2017
7,150
2,752
Thanks.. I meant renewals of PR under H&C.

in my view, since one has applied for, automatically means there is an interest. So thinking if PR is important don’t leave is like begging .. If IRCC has not prescribed any compulsions for HC renewals to remain in Canada on the official website then there is no question of expecting them to be around or be outside of Canada for sometime.. I don’t think there has to be any compelling reason or the applicant owes one. One can even say that he just went for a vacation. That’s a right. In future renewal , they may consider those absence and see in a different light.

Why I seek to expedite for senior citizens? Think it makes sense to give them a yes or no decision sooner so that they don’t live in suspense. Like in my case if they have any plans, they should be free to travel without any fear as I have seen a constant thought that they won’t be around very long.
They were free to travel 3 years outside of Canada in their first 5 years of landing.
And they are applying to renew their PR cards under humanitarian and compassionate grounds.
This is to ask for mercy for an exception because by normal rule, they do not meet their obligation of being a permeant residents of Canada.

So they can travel out, but if they want to return, they will need to apply for PRTD (again with H&C proof) or travel through US and again upon entry will be looked into of meeting their RO and may be reported.
Many cases, PR card renewals would require applicants to pick up their PR cards in person in an office in Canada.

Good luck with the application.

btw I haven't met any one who thinks 6 - 8 months travel is a "short trip". But I guess I don't know enough people.
 
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