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PR renewal with Humanitarian & Compassionate (H&C) Grounds - 2022

dpenabill

VIP Member
Apr 2, 2010
6,435
3,183
Renewimg your PR card early does not make your RO issue go away. If you travel abroad you are still currently way under the 730 days in the past 5 years so until you are able to meet your RO your status is still at risk if you leave Canada.
If there was such rule, there was no H&C renewal!
The risk referenced by @canuck78 is real enough that any PR who has been allowed to keep PR status based on H&C relief should seriously consider it if they plan on leaving Canada before they have stayed in Canada long enough they will have spent at least 730 days in Canada during the five years preceding the date they return to Canada. Especially if they are planning a lengthy trip abroad.

How big a risk is involved varies widely and can be very difficult to quantify.

One aspect of this that some tend to overlook is that PR status is NOT renewed. A renewed PR card does NOT renew PR status. A new or renewed PR card does NOT restart the Residency Obligation clock.

The risk referenced by @canuck78 is a subset of the general risk faced by any PR who goes abroad and who will be short of having spent 730 days in Canada within the preceding five years on the day they return. This includes PRs recently issued a brand new five year PR card.

The "rule," after all, requires PRs spend at least 730 days in Canada during any and every five year period. A PR who has not been IN Canada at least 730 days within the five years preceding the day they arrive at a Canadian Port-of-Entry, during a return to Canada, is at risk of being subject to inadmissibility proceedings and potentially losing PR status. Again, they are at risk even if they are carrying and presenting an almost brand new PR card. (Subject to being allowed H&C relief, and if not allowed H&C relief, subject to appeal.)

For a PR who has obtained H&C relief and is IN Canada, there is no risk of inadmissibility proceedings for a breach of the RO as long as they remain in Canada, and almost no risk if they make a PR card application or an application to sponsor a family member (two kinds of transactions which typically trigger a RO compliance examination).

If, however, a PR who has obtained H&C relief is outside Canada, or goes outside Canada, they may be questioned about RO compliance when they return to Canada. The "rule" remains the same: to be in RO compliance the PR needs to have spent at least 730 days in Canada within the five years preceding THAT DAY. And a PR in breach is at risk of being deemed inadmissible and losing PR status (which again is subject to H&C relief if appropriate, and if not allowed H&C relief, subject to appeal).

One of the differences, a really big difference, between those two situations (PR still in Canada versus the one at a PoE returning to Canada), is that for the PR who has remained in Canada there has been no change in circumstances which would constitute a more negative factor in the H&C analysis. At the worst, the factors weighing in favour of H&C relief remain the same. In contrast, for the PR who has been outside Canada since an earlier grant of H&C relief, there is the additional factor of the recent absence from Canada. A positive H&C calculation in December 2022 does not guarantee a positive H&C calculation in September 2023 if the PR has been outside Canada for a significant part of 2023.

Remember, even with a new PR card, if a PR arriving at Canada's border in September 2023 is examined regarding RO compliance, that examination will be based on the five year period September 2018 to September 2023 . . . and if short of meeting the RO as of then, thus in need of H&C relief, the H&C calculation will likewise be based on that same period, September 2018 to September 2023. That calculation can be significantly different than the earlier one based on December 2017 to December 2022, and it will be different at least to the extent the PR has been abroad in 2023.

Whether the difference is such that it will result in a different outcome, no H&C relief, rather a Removal Order, is very difficult to forecast. What most matters in these scenarios is whether there is a significant or material change in circumstances (since the earlier H&C relief was allowed). What that means can vary widely depending on the individual situation. But the most obvious factor, still, is the length of time abroad, the longer abroad the greater the risk. Another factor, which can go either way, is the extent to which PR has become more established in Canada since the previous H&C decision, or the extent to which the PR has not settled in Canada. (It warrants noting that H&C relief is generally predicated on the expectation the PR is now in Canada to stay, or if the H&C relief was attendant a PR TD application, that the PR is coming to Canada to stay.)

Brief travel abroad probably has low risks. After all, the PR presenting a valid PR card at the border after a brief absence from Canada is likely to be waived through without being questioned about RO compliance. And brief trips are not likely to constitute a material change in circumstances.
 
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canuck78

VIP Member
Jun 18, 2017
55,594
13,523
If there was such rule, there was no H&C renewal!
Very wrong. There are H&C renewals approved but it is then assumed that the person will live in Canada and become compliant with their RO. Getting a PR card based on H&C is essentially getting a second chance but you are then expected to try to establish your life in Canada and be compliant with your RO. Much harder to get H&C approval fir any subsequent applications. If getting PR card renewal allowed you to leave right away and not return for years there would be an argument as to why IRCC approved your application and why you applied for PR card renewal based on H&C. People should only apply once they know they will be relocating to Canada permanently.
 
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mrehanali

Member
Apr 15, 2022
12
0
May I ask how many days you were inside Canada and how long did it take from start to finish? Mine has been in process for 8 months.
The overall process took 1 year and 1 month from the submission of application until the receipt of renewed PR card.
 

vikram100185

Full Member
Jul 25, 2017
38
6
Hi All ,

Need some guidance. My PR card is expiring on July 2023 , Apart from the landing 2018, I only arrived in Canada in May 2022 to settle and clearly in breach of my PR status. I was planning to settle in 2020 but could not come before because of uncertainty around COVID . I have got a Permanent job in October 22 and I am planning to settle down in Canada. i have got my rental papers for my current place and other proofs that will show that I am going to settle here. My only concern is my parents living in India , so I would have to go and visit them beyond July next year , something I cannot ignore. Also I am planning to get married in India early before June , so i will need to sponsor my wife to Canada too ( something I cannot do now because of RO breach) PLUS my current job will need me for business trips to other countries. Again this require me to take short trips in the next 2 yrs for personal and professional reasons.

Do you think it's a good idea for me to apply for PR renewal based on H & C ? While the renewal process is happening, will it be possbile for me to travel ? Can I get a temporary document which allow me to enter and exit beyond July 2023?

Thanks!
 

canuck78

VIP Member
Jun 18, 2017
55,594
13,523
Hi All ,

Need some guidance. My PR card is expiring on July 2023 , Apart from the landing 2018, I only arrived in Canada in May 2022 to settle and clearly in breach of my PR status. I was planning to settle in 2020 but could not come before because of uncertainty around COVID . I have got a Permanent job in October 22 and I am planning to settle down in Canada. i have got my rental papers for my current place and other proofs that will show that I am going to settle here. My only concern is my parents living in India , so I would have to go and visit them beyond July next year , something I cannot ignore. Also I am planning to get married in India early before June , so i will need to sponsor my wife to Canada too ( something I cannot do now because of RO breach) PLUS my current job will need me for business trips to other countries. Again this require me to take short trips in the next 2 yrs for personal and professional reasons.

Do you think it's a good idea for me to apply for PR renewal based on H & C ? While the renewal process is happening, will it be possbile for me to travel ? Can I get a temporary document which allow me to enter and exit beyond July 2023?

Thanks!
Given that you are in breach of your RO any travel you do in the next 2 years puts you at risk of being reported but when your PR card expires it will be incredibly risky for you to leave Canada. Applying to renew your PR card for H&C reasons is not common so it is impossible to know what will happen and it could take an extremely long time (some cases have take over a year). It is your best interest to wait 2 years and apply. Travel to Canada has been possible for quite a long time so it will be tough to argue that you returned as soon as possible and you had already been out of Canada for almost 2 years before Covid hit. It looks like you will be short around a year if you remain in Canada for until May 2023 and have not left Canada for a year. Have you left Canada since May 2022? How much time are you planning on being away for your wedding? Assume you will be travelling back before your PR card expires.
 

vikram100185

Full Member
Jul 25, 2017
38
6
Given that you are in breach of your RO any travel you do in the next 2 years puts you at risk of being reported but when your PR card expires it will be incredibly risky for you to leave Canada. Applying to renew your PR card for H&C reasons is not common so it is impossible to know what will happen and it could take an extremely long time (some cases have take over a year). It is your best interest to wait 2 years and apply. Travel to Canada has been possible for quite a long time so it will be tough to argue that you returned as soon as possible and you had already been out of Canada for almost 2 years before Covid hit. It looks like you will be short around a year if you remain in Canada for until May 2023 and have not left Canada for a year. Have you left Canada since May 2022? How much time are you planning on being away for your wedding? Assume you will be travelling back before your PR card expires.
Thanks @canuck78 for such a quick reply. I have not travelled out of Canada since May 2022 . Staying continuously , and yes I plan to be out for 15-20 days in June in India and then plan to be back before my PR expiry.

I do plan to settle down , no doubt on that , my only concern will be short trips for personal or professional reasons beyond July and sponsoring my to-be-wife if I don't have a PR.
 

canuck78

VIP Member
Jun 18, 2017
55,594
13,523
Thanks @canuck78 for such a quick reply. I have not travelled out of Canada since May 2022 . Staying continuously , and yes I plan to be out for 15-20 days in June in India and then plan to be back before my PR expiry.

I do plan to settle down , no doubt on that , my only concern will be short trips for personal or professional reasons beyond July and sponsoring my to-be-wife if I don't have a PR.
Unfortunately there are consequences for not meeting your RO. It is impossible for anyone to guess whether you will be approved for PR card renewal based on H&C. If you wanted to minimize the time being without a PR card you would have to apply now since applications usually take a very long time to process. You have only been in Canada for 7 months which is significantly less than 730 days. Applying for PR card renewal based on H&C is very rare. Most wait the 2 years,if not initially reported, and don’t leave Canada especially when they don’t have a valid PR card and delay sponsoring family. Have seen some who can’t avoid a business trip fly into the US so they can cross the US land border without their PR card and hope they don’t get reported. If you have been in Canada for over a year your chances of getting reported at the land border or only getting flagged and a lecture are pretty good. If you are flagged any further trips would not be advisable. It really comes down to your risk tolerance.
 

Ped1994

Star Member
May 24, 2022
81
5
The overall process took 1 year and 1 month from the submission of application until the receipt of renewed PR card.
May I ask how long after the decision made you got the next response? My application has been sitting decision made for over a week now.
 

RajC6

Member
Apr 22, 2017
14
0
Hi, I am in similar situation now where PR card is ending in August2023. All my family members (wife, and 2 kids) going to expire at same time and we are outside of canada and unable to travel due to pandamic and personal reasons.
I am planning to do PR renewal on H&C grounds.

Can you please share the links and what documents need to be submitted?
Is it OK to submit while I am being in India?
Really - need a immigration lawyer for this? or Can I submit on my own?

Your response will help me.

Thanks in Advance.

Regards,
Raj.
 

RajC6

Member
Apr 22, 2017
14
0
Hi, I am in similar situation now where PR card is ending in August2023. All my family members (wife, and 2 kids) going to expire at same time and we are outside of canada and unable to travel due to pandamic and personal reasons.
I am planning to do PR renewal on H&C grounds.

Can you please share the links and what documents need to be submitted?
Is it OK to submit while I am being in India?
Really - need a immigration lawyer for this? or Can I submit on my own?

Your response will help me.

Thanks in Advance.

Regards,
Raj.
 

Limerick

Star Member
May 1, 2015
52
13
I applied PR card renewal from outside Canada and it was accepted. You should have a local address inside canada as they do not dispatch card outside Canada.
Hi mrehanali, can I ask you when did you apply? Did you get AOR? I applied from USA as of now no AOR