PRTD

[ranch2512]

Hi! Everyone,

Need your advise and guidance.

We did'nt meet the residency requirements due to family commitments, our stay in Canada was only for 21 days. After our PR cards expired, we applied for PR renewal on H&C grounds. For almost 3 years, the application was returned back to us for incomplete information. Atlast after providing all documentation. we received a letter from cic a week back to apply for a PRTD, once we receive the PRTD, they will give us further instructions, on how to proceed.

Letter from cic
Quote:
This letter refers to your application for a permanent resident card.

Section A28(1) and A28(2) of the Immigration and Refugee Protection Act requires permanent residents to comply with the residency obligation described in that section.

Based on the information that you provided, you are not in Canada. To continue with your application, we recommend that you make an application for a Travel Document (Permanent Resident Abroad), also known as a PRTD, at the nearest Canadian visa office.

If you have applied for or have obtained a PRTD since May 18, 2016 please notify this office by completing and returning the attached form. We will give you instructions on how to proceed once we receive this information. If you have not obtained a PRTD, but re-enter Canada before July 4, 2016 you must notify this office immediately upon your entry into Canada.

If you do not provide a copy of your PRTD or notify us that you have returned to Canada before July 4, 2016 your Permanent Resident Card application will be deemed abandoned and you will not be issued a Permanent Resident Card.
Unquote:

We have applied for a PRTD.

1) Will our PRTD be approved, as the only document to support our application on H&C is my mothers death certificate.
2) If we get our PRTD and travel to Canada, will they give us our renewed PR cards or we need to apply for it from Canada.

Appreciate your advise

Thanks in advance for your help.

 

[scylla]

1) If the only evidence you sent was your mother's death certificate, I think it's quite unlikely the PRTD will be approved.
2) You would have to apply for the PR cards yourself.

 

[Rob_TO]

Hi! Everyone,
1) Will our PRTD be approved, as the only document to support our application on H&C is my mothers death certificate.

Agreed with above. Simply including a death certificate does not explain a H&C reason to be outside Canada for 5 years.

Most likely case I think here is that the PRTD is denied, and CIC revokes all of your PR status.

If you want to appeal this decision, you can then get a special PRTD to travel to Canada for the appeal. If you did want to appeal you are recommended to get an immigration lawyer once back in Canada.

 

[dpenabill]

Note: While there may be some exceptions, generally a special PR TD for those appealing the denial of a PR TD is only available if the PR was IN Canada within the previous year.

Observation: the absence of establishing a life in Canada would make this a very difficult to win H&C case. Moreover, unless the PR was the only available primary care giver for the parent whose illness and circumstances required such personal care (as documented and attested to by attending physician, and otherwise supported by the circumstances -- thus a rather exceptional situation) for at least two plus years, that too would make this a difficult to win H&C case. In conjunction, the odds are more than daunting.

 

[ranch2512]

Hi ! Scylla/Rob/dpenabill,

Thank you all for the valued information.

We were in the impression that CIC has approved our application and giving us another chance to stay in Canada for 730 days and then apply for the renewal of our PR cards.

This means that CIC has passed the decision to the local Visa office to approve or reject our TD.

 

[dpenabill]

Hi ! Scylla/Rob/dpenabill,

Thank you all for the valued information.

We were in the impression that CIC has approved our application and giving us another chance to stay in Canada for 730 days and then apply for the renewal of our PR cards.

This means that CIC has passed the decision to the local Visa office to approve or reject our TD.

Not likely IRCC has approved the application.

Otherwise somewhat so, in terms of it now being a question of whether a visa office grants a PR TD.

It is not as if CIC (or now IRCC) would literally pass the decision on a PR card application to a visa office. Rather, once IRCC identifies the PR as being abroad, it in effect defers making a decision on the PR card until the PR is back in Canada. IRCC advises PR clients who do not have a currently valid PR card to apply for a PR TD for the purpose of returning to Canada. The PR is thus the party which initiates a PR TD application and process, not IRCC. The PR has the burden of proving compliance with the PR RO, or having sufficient H&C reasons to justify retaining PR status, in order to be issued a PR TD. There is a statutory provision which specifies that a PR abroad without a valid PR card is presumed to not have valid PR status.

In any event, the onus is on the PR to initiate the PR TD application process.

Which, according to your first post, you have done. And indeed, if your application for the PR TD is approved, that would have to be based on H&C grounds, so you probably could qualify for a PR card soon after arriving in Canada. Whether it would be issued based on the application already made, or you would need to make a new application probably depends on whether you make it to Canada and notify IRCC of that by July 4th. Otherwise, you would need to make another application.

But the odds of success, that this scenario works out in your favour, seem poor unless you made a strong H&C case in the application for the PR TD. If you merely stated that the reason for being abroad was the death of a parent, and the only documentation to support this is a death certificate, hard to imagine that will suffice. That is, given what you reported, it appears likely the PR TD application will be denied. But of course you can wait to see what the actual decision is.

By the way, since you are outside Canada, it does not matter if IRCC approved the PR card application or not. The PR card has no relevance in determining compliance with the PR RO.

Basically you needed to make a compelling case based on H&C grounds and if that fails you lose PR status, although you do have a right to appeal if the PR TD is denied.