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

[canuck78]

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.

They would need to be in Canada to file the PR card renewal based on H&C. When you are all ready to return and if your PR cards are expired you can apply for a PRTD based on H&C to try to return to Canada not having met your RO.

@mrehanali was only able to get approved because the old system did not make you explicitly confirm that you were filing the PR card renewal application from Canada. You were still required to be in Canada to file a PR card renewal application but some people got away with misrepresenting their location and putting down a Canadian address. Now you are asked to confirm that you are in Canada when applying during the online application so you now must be in Canada to apply. The fact that @mrehanali misrepresented their location could still be picked up at a later date and could still lead to problems.

 

[canuck78]

Hi mrehanali, can I ask you when did you apply? Did you get AOR? I applied from USA as of now no AOR

You can’t apply for a PR card renewal from outside Canada. The new online application makes you confirm that you are in Canada and the old application should have been denied but @mrehanali lied about their address and so far hasn’t gotten caught. Were you in Canada when you submitted the PR card renewal application? When did you apply? Was it using the new online application? Applying while misrepresenting puts your status at risk longterm. It can be discovered at a later date that a person received the PR card renewal based on misrepresented facts and there can be consequences taken at that point.

 

[Eusufzai]

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!

Hi Vikram100185,

Greetings! I just want to know which port of entry did you use in May, 2022 when you landed in Canada to settle permanently. Would you mind to tell us your experience at the port of entry. Did the immigration officer asked you questions why you did not comply with residency obligations. I am in the same situation like you and I am planning to enter Canada with short of 2 years residency obligations. Your experience would shed some light in possible scenario of my case.

Thank you.

Best regards,

Eusufzai

 

[vikram100185]

Hi Vikram100185,

Greetings! I just want to know which port of entry did you use in May, 2022 when you landed in Canada to settle permanently. Would you mind to tell us your experience at the port of entry. Did the immigration officer asked you questions why you did not comply with residency obligations. I am in the same situation like you and I am planning to enter Canada with short of 2 years residency obligations. Your experience would shed some light in possible scenario of my case.

Thank you.

Best regards,

Eusufzai

hey

So my PR card is expiring in July this year , I travelled to Canada by air in May 2022 , so roughly after 4 yrs of being a PR. Fortunately they didn't ask me anything. Since then I am here .
Obviously as some other experienced members have pointed, it's a matter of chance. Depends on individual's luck too. I got lucky .

 

[Eusufzai]

hey

So my PR card is expiring in July this year , I travelled to Canada by air in May 2022 , so roughly after 4 yrs of being a PR. Fortunately they didn't ask me anything. Since then I am here .
Obviously as some other experienced members have pointed, it's a matter of chance. Depends on individual's luck too. I got lucky .

Hi Vikram100185,

Many thanks for your reply. Just want to know whether you landed in Canada in May, 2022 from India? Which airport in Canada did you use? Glad to know that the immigration officer did not ask you anything. Obviously you are lucky. Which province you are living now in Canada?

Best regards,

Eusufzai

 

[vikram100185]

Hi Vikram100185,

Many thanks for your reply. Just want to know whether you landed in Canada in May, 2022 from India? Which airport in Canada did you use? Glad to know that the immigration officer did not ask you anything. Obviously you are lucky. Which province you are living now in Canada?

Best regards,

Eusufzai

Yeah - Landed in May 2022 from India . Pearson Airport, Toronto. I am currently living in Ontario

 

[zaid9199]

Update:

Have finally received PR Card after in person pickup today. Took a process of over 2 years.
I applied for renewal under H&C grounds, here’s a summary of my process:

Acknowledgement of Receipt: 27 Nov 2020
Decision Made: April 2021
PR Card Recieved in person: 20 Jan 2023

I can now also use the PR Card to get a SIN for the first time.

 

[armoured]

Update:

Have finally received PR Card after in person pickup today. Took a process of over 2 years.
I applied for renewal under H&C grounds, here’s a summary of my process:

Acknowledgement of Receipt: 27 Nov 2020
Decision Made: April 2021
PR Card Recieved in person: 20 Jan 2023

I can now also use the PR Card to get a SIN for the first time.

Congratulations. Honest question - when you applied, how long had you been in Canada / how much out of compliance with the residency obligation were you?

Because from the looks of it, it basically took as long to process it as it would have/might have to wait and apply when in compliance. (Which doesn't amount to much of an H&C consideration, unfortunately).

but again, congratulations.

 

[zaid9199]

Congratulations. Honest question - when you applied, how long had you been in Canada / how much out of compliance with the residency obligation were you?

Because from the looks of it, it basically took as long to process it as it would have/might have to wait and apply when in compliance. (Which doesn't amount to much of an H&C consideration, unfortunately).

but again, congratulations.

Thank you, I appreciate it. I was 1 year and 9 months out of compliance when I applied.
Yes, if I waited to apply when I met my obligation it might have been the same wait. I don’t know what their reasons were but it might be like you said; to wait until I meet my obligation. I only applied early for not having my SIN.

 

[armoured]

Thank you, I appreciate it. I was 1 year and 9 months out of compliance when I applied.
Yes, if I waited to apply when I met my obligation it might have been the same wait. I don’t know what their reasons were but it might be like you said; to wait until I meet my obligation. I only applied early for not having my SIN.

Side comment as now I recall and see we'd been posting on threads about this - I wish you'd pursued the legal or other aspects of getting the SIN (separately), because the PR card requirement is clearly (in my opinion, mind) contrary to the right to work as a PR.

In a different type of case recently, a PR who did not have SIN because did not get a PR card or SIN when arriving (soft landing) was able to get SIN by applying through mail with Service canada - supported by MP ( we cannot know if that helped, of course). Hard to say but I think you could have got that resolved earlier - albeit not easily.

 

[Eusufzai]

Thank you, I appreciate it. I was 1 year and 9 months out of compliance when I applied.
Yes, if I waited to apply when I met my obligation it might have been the same wait. I don’t know what their reasons were but it might be like you said; to wait until I meet my obligation. I only applied early for not having my SIN.

Hi zaid9199

Congratulations! I just want to know few things about your PR card renewal under H & C. Did you applied from abroad for PR card renewal? When you enter into Canada, at that time were you short of 2 years residency obligation? If so, how many many days or years short? Did immigration officer ask you anything about the out of compliance of residency obligations at the port of entry? Which airport did you use? May I know your country of origin. Sorry to bother you too much by asking many questions.

Thanks and regards,

Eusufzai

 

[Bilkish]

I’ll share my case with you for some idea. Came back to Canada with my family on August 2020 after over 10 years with no physical presence in Canada. We were not reported at the border. We were all planning on not renewing PR Card until 2 years have passed. My brother and I realized we can not have our SIN issued without a PR Card and decided to go ahead with a H&C renewal of PR Card on November 2020. My parents did not apply since they have their SIN and would be okay waiting 2 years + they do not have any H&C case. Decision was made around April 2021 and cards were chosen for in person pick up appointment to which we are still waiting for till this day. If I knew the wait was going to be this long I would’ve waited 2 years and applied normally, but in my opinion back then not having a SIN was a difficult obstacle so we decided to go ahead. Thankfully, the H&C appeal seems to have been accepted but the issue here is the wait; especially during these days like Mr. Dpenabill pointed out above.

Are you in Toronto now or British Columbia.
How did u manage without health cards

 

[Bilkish]

I’ll share my case with you for some idea. Came back to Canada with my family on August 2020 after over 10 years with no physical presence in Canada. We were not reported at the border. We were all planning on not renewing PR Card until 2 years have passed. My brother and I realized we can not have our SIN issued without a PR Card and decided to go ahead with a H&C renewal of PR Card on November 2020. My parents did not apply since they have their SIN and would be okay waiting 2 years + they do not have any H&C case. Decision was made around April 2021 and cards were chosen for in person pick up appointment to which we are still waiting for till this day. If I knew the wait was going to be this long I would’ve waited 2 years and applied normally, but in my opinion back then not having a SIN was a difficult obstacle so we decided to go ahead. Thankfully, the H&C appeal seems to have been accepted but the issue here is the wait; especially during these days like Mr. Dpenabill pointed out above.

Can I get your email plz, need to ask you few questions..My daughter case is similar to yours.

 

[canuck78]

Are you in Toronto now or British Columbia.
How did u manage without health cards

You buy private health insurance to pay for emergencies and pay out of pocket for the rest. That is what people normally do.