PRTD without meeting residency obligation

[Maplehunt]

Hi everyone,

I like to first explain my situation:
I am not in Canada right now and my PR card is about to expire on Jan 2025. I won't be able to travel to Canada before Jan due to health issues.
Hence, I am planning to apply for a PRTD after Jan (say in June) to enter into Canada.

My concern: I have not stayed for 730 days (my actual stay is around 650 days) in Canada. Hence, I won't be able to get a PRTD even if I apply (for not meeting the residency requirement).
I wasn't able to stay in Canada continuously due to health reasons and not because of anything else. I have valid medical records to prove the same.

My question to experts is: If I apply, will I be able to get a PRTD by stating my health reasons ?? Will I be granted an exception ?
Can you please advice whether we can get a PRTD even if we don't meet the residency requirement, provided we have a valid reason (health).

Thanks for your time.

 

[scylla]

Hi everyone,

I like to first explain my situation:
I am not in Canada right now and my PR card is about to expire on Jan 2025. I won't be able to travel to Canada before Jan due to health issues.
Hence, I am planning to apply for a PRTD after Jan (say in June) to enter into Canada.

My concern: I have not stayed for 730 days (my actual stay is around 650 days) in Canada. Hence, I won't be able to get a PRTD even if I apply (for not meeting the residency requirement).
I wasn't able to stay in Canada continuously due to health reasons and not because of anything else. I have valid medical records to prove the same.

My question to experts is: If I apply, will I be able to get a PRTD by stating my health reasons ?? Will I be granted an exception ?
Can you please advice whether we can get a PRTD even if we don't meet the residency requirement, provided we have a valid reason (health).

Thanks for your time.

You will need to try applying for a PRTD under H&C and provide evidence of the health issue that forced you to remain outside of Canada. No one here can predict if you will be approved or refused.

Alternatively if you have a US visa, you can fly to the US and re-enter Canada through a land border using a private vehicle.

 

[armoured]

You will need to try applying for a PRTD under H&C and provide evidence of the health issue that forced you to remain outside of Canada. No one here can predict if you will be approved or refused.

While I agree with this, I think we can say that the chacnes of a PRTD being approved for someone with this basic narrative (650 days in Canada in last five years/since day of landing) AND some kind of documented medical issue would be better than [some counterfactual case of fewer days in Canada / no documented medical issue.] This is also assuming, for example, that the application for the PRTD is submitted relatively soon after expiry of the PR card with real intent to return to Canada in near term (applying 12 months after that with no obvious intent to return - much less credible).

That's not a guarantee. I agree that attempting to enter through USA is less risky.

Also, 'medical conditions' / cannot travel because of medical condition is vague. I can't comment further, obviously. Someone who is literally hospitalized b/c of a road accident for the entire period in question is a very different 'medical condition' situation than many others (for which treatment in Canada possible / doesn't explain very long absences from Canada).

Some here might speculate about how IRCC officers might evaluate a specific case based on their own gut feelings/desires (i.e. how they might evaluate), incl saying they do/don't think such-and-such a situation warrants H&C relief. There are other factors, too - these are only part of the story.

Truth is, we do not know, we do not know the whole story, and it's between the applicant and IRCC. Any comments other than relative assessments (eg more days inside Canada better than fewer) are just guesses.

 

[Maplehunt]

Thanks for the answers. I understand I have to go through H&C. I am just wondering if there is anyone in this forum who have been through a similar situation (going to PRTD with H&C). Please comment, and like to know your experience.

 

[steaky]

Thanks for the answers. I understand I have to go through H&C. I am just wondering if there is anyone in this forum who have been through a similar situation (going to PRTD with H&C). Please comment, and like to know your experience.

Hope this helps:

https://www.canadavisa.com/canada-immigration-discussion-board/threads/query-regarding-pr-card-renewal-got-prtd-on-h-c-grounds.810509/

 

[armoured]

Thanks for the answers. I understand I have to go through H&C. I am just wondering if there is anyone in this forum who have been through a similar situation (going to PRTD with H&C). Please comment, and like to know your experience.

There have been many. You've been given one link, you can read through other experiences in this forum.

Which all come down to the same thing: your profile sounds on the surface like you'd have a decent or possibly even good chance (although some might disagree), but no-one can say for sure that the PRTD approval will be given; there's still a risk.

One thing that hasn't been mentioned: timelines to approve a PRTD under H&C are unpredictable - read this as, it can take quite a while, which is itself an issue.

To avoid those risks, return to Canada earlier, or enter via USA (at a land border).

 

[Elkhan]

You will need to try applying for a PRTD under H&C and provide evidence of the health issue that forced you to remain outside of Canada. No one here can predict if you will be approved or refused.

Alternatively if you have a US visa, you can fly to the US and re-enter Canada through a land border using a private vehicle.

Hi, what is the pros of passing border from US with the car?

 

[steaky]

Hi, what is the pros of passing border from US with the car?

One can bring more personal belongings than on foot or cycling.

 

[Elkhan]

One can bring more personal belongings than on foot or cycling.

I mean, CBSA officer will not check PR obligation if we will pass Canada border by car from US?

 

[Buletruck]

I mean, CBSA officer will not check PR obligation if we will pass Canada border by car from US?

That can't be determined until you get to the border. Any encounter with any CBSA officer can result in a review of your residency status.

 

[armoured]

I mean, CBSA officer will not check PR obligation if we will pass Canada border by car from US?

Personally I think the main advantage in your case is that the PRTD may take longer, and unpredictably longer. Possibly much longer. Perhaps not though.

Other than that: when IRCC officers evaluation a PRTD application, they start with the presumption that you are not admissible - meaning the bar is higher in approving the PRTD. (You could state this as saying you have to 'demonstrate' you are admissible, i.e. that your H&C reasons acceptable. But this isn't "burden of proof" in the legal sense, except by analogy that the responsibility is yours). As I stated, personally I think your chances of getting PRTD approved are decent (and therefore not very risky).

At the border: CBSA is simply more likely to be lenient, and at any given time their priority is less likely to be to deal with marginal cases for reporting as non-compliant (less likely in that they have other priorities in border control). They might simply ask questions about the PR obligation and your reasons (health issues), and then wave you through. And if they wave you through, after that you can simply remain in Canada until you are in compliance again and then apply for a PR card renewal.

It's up to you. Neither are without risk, crossing the US border likely less risky (keep in mind that many do not have US visas and cannot avail themselves of that option). PRTD processing times - hard to say.

When we say 'risky' and more or less, etc., these are just guesses. No-one can know in advance what will happen.

 

[Besram]

I mean, CBSA officer will not check PR obligation if we will pass Canada border by car from US?

I don't think you can assume that. I have personally crossed a land border and have been asked about my residency obligation, even though I was in compliance. Nobody in this forum has information about whether arriving at an airport or a land border is more likely to trigger questions about your RO because our experience is only anecdotal.

Again, as you mentioned in your other post, a lawyer has recommended you go down that path, so I suggest you ask him/her about the reasons for suggesting this. There may be other reasons why they have recommended you cross a land border. EDIT: I'm assuming that the alternative is to travel via an airport, because you mentioned in another post that your PR card is still valid. If the only other alternative is to apply for a PRTD, then I agree with @armoured that crossing the land border is lower risk. But between arriving at an airport and a land border - see above.

 

[scylla]

I mean, CBSA officer will not check PR obligation if we will pass Canada border by car from US?

This is incorrect.

They may check and it's possible you may be reported.

 

[armoured]

I mean, CBSA officer will not check PR obligation if we will pass Canada border by car from US?

I think you should not assume you won't get checked. CBSA can and does check residency obligation, although not in all cases.

Now note - and my error - I mixed up who was asking questions and to whom I was responding, i.e. the facts of the case. My mistake.

I was responding in context of (i think) @Maplehunt 's case, which was/is about a case where the PR would no longer have a valid PR card (when travelling via US border). And that there were health issues that prevented returning before card expired.

That's my fault, but also a warning about asking a question in the midst of a thread with many questions: circumstances and specifics matter, and can matter a lot. If you don't share all the important parts of your case, well, garbage in and garbage out.

So consider my comments withdrawn. The general is perhaps still true, that risk is lower at a border than via PRTD route, but I don't know your case.

 

[steaky]

I mean, CBSA officer will not check PR obligation if we will pass Canada border by car from US?

It's going to be similar if you are on foot or cycling.