Renew PR card after entering Сanada with PRTD for H&C reason

[dpenabill]

For the secont option my point was that time travelling with my child which is canada citizen will be count as I would be stay in canada.

There is NO credit toward RO compliance for time abroad accompanying or being accompanied by a child who is a Canadian citizen.

A minor child will be given credit toward RO compliance for days abroad the child is accompanying a Canadian citizen parent. But it does not work the other way around.

Lengthy absences may be considered a change in circumstances which could trigger a negative RO compliance decision even though the PR has gotten a previous pass based on H&C reasons. The risk of this is very difficult to forecast. But, obviously, the longer the absence, or the more apparent it is the PR may be living abroad and not settled PERMANENTLY in Canada, the bigger the risk.

For clarity, the last observation is about traveling abroad after being issued a new PR card even though the PR has not actually been present in Canada for at least 730 days within the previous five years. Generally, any PR arriving at a PoE when returning to Canada is at risk for being issued a 44(1) Report based on Inadmissibility due to a failure to comply with the RO, if on the date the PR arrives at the PoE the PR has not been present at least 730 days within the previous five years. Remember, date the PR card expires is NOT relevant.

BUT the PR who has been issued a new PR card despite not meeting the RO, that is a PR issued a new card for H&C reasons, should be OK . . . but that is OK unless officials determine there has been a change in circumstances. A lengthy absence or indications the individual is not actually settled in Canada PERMANENTLY may be perceived to be cause for a new RO compliance assessment.

Caution: going abroad and relying on applying for a PR TD based on a positive H&C decision in a prior PR TD application is especially risky. Remember, a PR abroad who is not in possession of a currently valid PR card is PRESUMED to NOT have valid PR status.

 

[armoured]

For the secont option my point was that time travelling with my child which is canada citizen will be count as I would be stay in canada.

I would not count on the time accompnaying a child will count as in Canada days but will not claim expertise.

Assuming I've not misunderstood your case, I think the stronger point - which perhaps was intended by the other poster - with returning in the company of the Canadian citizen-child (your child) is that the child and you are settled in Canada with you as sole guardian and residing together habitually and left the country only for a short period of time for vacation. ("Vacation" in here may be stronger if for compelling family reasons given what else has happened i.e. if related to the original H&C circumstances.)

 

[canuck78]

It was one entry PRTD

Does it say R-1? RC-1?

 

[canuck78]

It is not that simple: it very much depends on the extend of OP's travel. @primaprime covers it perfectly, however I believe it is fruitful to bring in real life experience to the conversation:

In the process of going a H&C case myself, I connected with many members in the community who also had went through OR were going through maintaining their PR Status on H&C grounds. I learned that once you receive your PR card, unless you are spending the majority of your time OUTSIDE of Canada, travelling is a non-issue. So for instance, a family friend with a positive H&C case would travel every winter & every summer. They have never faced any issues at the border despite failing to meet their RO. A few other acquaintances have concurred the same - they would get the usual "What's your occupation?" type question, but otherwise, would be allowed through without a word.

From my understanding, the reason for the above is twofold:

1. The present officer has access to all the individual's GCMS notes. These notes will indicate that the individual has had a determination made on their status by a senior IRCC official. The above snippet of the legislation I mentioned does not allow an officer to make repeated determinations on an individual's status unless there is suspicion for a change in circumstances.
2. If there is a reason for suspicion, my understanding is that the individual will be called into secondary and a ranking officer will investigate the matter further. This point is significantly important since not every officer has the authorization to make a determination on your status. If not officially, the practise seems to be the case de facto, in particular with H&C cases. Therefore, there needs to be sufficient suspicion not only because the law indicates it but also because the time of a ranking officer is being utilized.

Of course, as @primaprime correctly pointed out, it is not very clear what is encompassed by "grounds for suspicion". However, it wouldn't be crazy to say that the occasional vacation is fine. It would be strange to be sent to secondary because you had a 2-week winter vacation to the Bahamas. Prolonged absences in the order of 6 months+ (i.e enough to be considered non-resident for tax purposes), would likely be suspicious. One would be prudent to ready good reasoning for such a lengthy absence.
And as always, only lawyers can provide the best answer for the above. They not only have inside-out knowledge of the law, but also have significant experience via working with many, many cases on the matter. Unfortunately I am not one (yet), so take my insight with a grain of salt. If within accessibility, I cannot recommend lawyers enough.

Disagree with this advice. People who are not compliant with their RO do risk being reported so if you get your new PR card you should be planning on meeting the 2 out of 5 year requirement. Getting a PRTD under H&C doesn't guarantee that you will get approval or leniency next time. The only way to guarantee your PR status is to remain in Canada until you are in compliance with your RO.

 

[PMM]

Hi

For the secont option my point was that time travelling with my child which is canada citizen will be count as I would be stay in canada.

1. No, only residing with a Canadian citizen spouse counts towards RO.

 

[canuck78]

BOYX, thanks a lot for sharing experience!)

Now I have about 500 days in the previously 5 years. And I will have 730 days only in July 2022, because the most time I was in Canada in 2015- 2017 and these days are burning out simultaneously with the accumulation of a new days.

Coulld you please give me your opinion for two options which I am considering now:

1. If I plan to visit my mom next summer for 30 days and I will have less than 730 days before leaving Canada, will I have troubles to entering back?

2. If leave Canada with my 15 years old son which have Canadien passport for visiting my mother and his grandmom for the summer 2021 will it help me to go back Canada with my son?

Dear members, thank you very much for you time and opinions!

You are always at risk of being reported if you have not met your RO.

 

[Father2020]

Dear members, thanks a lot for the clarification this point. I understood it wrong.

 

[Wunderkid]

If your PRTD has been approved by IRCC yes you can apply for a new PR card right away but it will be very important to remain compliant with your PR. To remain compliant you need to meet the 730 days out of 5 years on any day so if you leave during the first 2 years (minus the time you spent in Canada over the past 5 years) you will be out of status again. What code do you have on your PRTD?

Hi please can you clarify-leave during the first 2 years . I did my landing in 2018 and returned back to my current country of residence. I have sent about 42 days in total in the Canada. Plan to return back in April 2021 to complete the rest of the Permanent residency requirements. Is that an issue?

 

[IndianBos]

Hi please can you clarify-leave during the first 2 years . I did my landing in 2018 and returned back to my current country of residence. I have sent about 42 days in total in the Canada. Plan to return back in April 2021 to complete the rest of the Permanent residency requirements. Is that an issue?

That is specific to his case since he recieved a PRTD document after being out of compliance.

For your case, if the landing was in Jun-2018 (assuming), you should be ok to return till Jun-2021 with no issues at all. This is because you still have 2 years remaining on the first 5 years since becoming a PR.

 

[mdna]

IYou should apply for a PR card as soon as you enter Canada.

 

[anonymouscookie]

Hello I have a question, so basically when I landed I got the pr but I was obviously a minor and unable to make a decision to stay in Canada so obviously my PR CARD expired. so this led me to apply for a prtd based on h&c grounds. now my question is when i go to Canada in a few weeks, i have filled out the pr application but left one section empty which is the residency obligation as I stayed outside of Canada for 1095 days or more. However, the situations they mention (absences while accompanying family member, family business etc) don't apply to me. So my question is, do i leave this section empty when i submit this application in hopes they will look at my file knowing I have a valid reason based on h&c grounds or do i submit a letter along with this application? can someone help me with this please. thank you.