Renew PR Status on COmpassionate Grounds

[Immiman]

I moved as PR on 29 April 2011 and left Canada on 29 December 2012 since my father passed away I had the obligation to look after his property his business was in very bad shape which took lot of time to get it back to shape so I could sell. My PR card is expiring on June 2016 . Will I be able to renew it? Can I renew on compassionate grounds?

Can I temporarily enter Canada and apply for renewal and leave while it is processing? It will take a year to clean up the mess.

Any advice would eb great.

 

[scylla]

You can certainly try. It's hard to say if you will be approved or not. Economic reasons are generally not accepted as an H&C reason for failing to meet RO.

 

[Immiman]

You can certainly try. It's hard to say if you will be approved or not. Economic reasons are generally not accepted as an H&C reason for failing to meet RO.

Well my mom was ill does that include for compassionate ground?


My question is if I head back to Canada and apply for renewal and then get out of Canada before getting my new card, woud it be a major problem? zZfor example they will call me for review and I am outside the country how will I reenter the country?

 

[Leon]

Applying for a new PR card on H&C grounds and then leaving again is not a very good idea. Basically shows that you are not yet ready to settle in Canada. If your H&C grounds are solid, taking care of your seriously ill mother and can prove it, you should wait until you are ready to settle. Then you apply for a PR travel document. If granted, you can return to Canada and apply to renew your PR card. You should however stay for the next 2 years in order to meet the RO. Getting a pass on not meeting the RO in the past does not mean you don't have to meet it in the future.

 

[tric]

Hi,

I am a PR of Canada, but my PR card expired on Nov 2014. I had been to Canada twice - first in 2010 for 3 months and 2011 for 3 months. I don't satisfy the RO of 730 days.

My mother, brother, and sister are all Canadian Cityzens. I had to return second time, as we were expecting 2nd child and my wife didn't have Visa. I had to come back from Canada to see my wife and the new baby, which I think is a life-changing event for a father. At this juncture, I had to give her emotional support.

I am really keen to go back and join my family (mother, bro and sister) in Canada.

I need to apply for PR Travel document.

My question is: 1) Will my application for PR Travel document be accepted (I understand, the answer here does not guarantee) taking into consideration I have not met RO, but on Humanitarian and Compassionate (H&C) Grounds - coming back to support my wife and baby expected

Now, I want to be with my mother, bro, and sister, I am alone here in India and miss my family. I would like to join my family in Canada and later apply for my wife, daughter and son's visa too (once I reach in Canada and get a decent job)

Are there vague chances, of getting a PR Travel document on H&C grounds ?

Also, what is the processing time for PR Travel document ?

Is PR Travel application accepted in Bangalore Visa office ?

Would appreciate your help and suggestions.

Thanks,
tric

 

[Leon]

Hi,

I am a PR of Canada, but my PR card expired on Nov 2014. I had been to Canada twice - first in 2010 for 3 months and 2011 for 3 months. I don't satisfy the RO of 730 days.

My mother, brother, and sister are all Canadian Cityzens. I had to return second time, as we were expecting 2nd child and my wife didn't have Visa. I had to come back from Canada to see my wife and the new baby, which I think is a life-changing event for a father. At this juncture, I had to give her emotional support.

I am really keen to go back and join my family (mother, bro and sister) in Canada.

I need to apply for PR Travel document.

My question is: 1) Will my application for PR Travel document be accepted (I understand, the answer here does not guarantee) taking into consideration I have not met RO, but on Humanitarian and Compassionate (H&C) Grounds - coming back to support my wife and baby expected

Now, I want to be with my mother, bro, and sister, I am alone here in India and miss my family. I would like to join my family in Canada and later apply for my wife, daughter and son's visa too (once I reach in Canada and get a decent job)

Are there vague chances, of getting a PR Travel document on H&C grounds ?

Also, what is the processing time for PR Travel document ?

Is PR Travel application accepted in Bangalore Visa office ?

Would appreciate your help and suggestions.

Thanks,
tric

In my opinion, you have a very little chance of getting a PR TD for the reasons you name. You went back in 2011 to see your new baby but you could have returned to Canada shortly after and applied to sponsor your wife and child. Plenty of people do this. It's not considered H&C grounds that you had to stay with your wife and baby. Now you say you miss your family and that you are alone in India but actually, according to immigration, your family is now your wife and children, hence you are not alone and you are already with your family.

 

[tric]

In my opinion, you have a very little chance of getting a PR TD for the reasons you name. You went back in 2011 to see your new baby but you could have returned to Canada shortly after and applied to sponsor your wife and child. Plenty of people do this. It's not considered H&C grounds that you had to stay with your wife and baby. Now you say you miss your family and that you are alone in India but actually, according to immigration, your family is now your wife and children, hence you are not alone and you are already with your family.

Hi Leon,

Thanks for your reply.

At this point, best option is to re-apply from scratch under Express entry.

If, I want to reapply for Canada Federal skilled worker under express entry, I had following questions.

1) As my PR card is expired (Nov 2014), still i am a PR of Canada (as per the rules).

To reapply for fresh PR application under Express entry, is it required /mandatory to voluntarily give-up my current PR status ?

On CIC website, reasons why to voluntarily give-up PR status are given as:

Why would I renounce my permanent resident status?:
"•You want to obtain citizenship or permanent resident status in another country and that country requires you to renounce permanent resident status in Canada;
•You only want to visit Canada and you know you have not met the residency obligations because you have been outside of Canada for a long period of time and ◦you don’t want to wait for a visa officer to assess whether or not you are still a permanent resident of Canada; or
◦You would like to avoid delays at the Port of Entry.
•You no longer want to live in Canada permanently.
"
OR

2) I DO NOT Need to voluntarily give-up and just start the normal fresh application process ?

If i remember, in fresh application form, there is an option, where we need to mention if we are a permanent resident of Canada or not.

Above reasons, mention if you want to apply for other country PR visa and for Canada visitor visa, BUT do not mention about expired PR card .
Also, i see the last point mentions "You no longer want to live in Canada permanently".

3) Also, last but not the least, if i give-up my current PR status, will it cause any issue or problem when i am applying for a fresh PR application for Express entry ?
The last point above does it take into account future PR applications also ?

Your insight will be really helpful, whether or not i need to voluntarily give-up my current PR status (which has an expired PR card).

Thanks,
tric

 

[Leon]

Yes, you do need to give up your current PR status if you want to apply again. You can do it in several ways. If you apply for a PR TD and it's denied, you will automatically lose your PR status if you don't appeal and then you are free to apply again. Another option would be to flat our renounce your PR status with the reason that you do not meet the RO and want to apply again. A third would be to apply again and let it become a problem during your application when they find out you still have PR status at which time they will tell you that you need to renounce it.

Having had PR status and having lost or renounced it because you don't meet the RO will not be held against you when you apply again.

 

[sunnyslietian]

Hello members is wish to know about renewal of PR status under Humanitarian and compassionate ground. I ve not met condition of 2 years out of 5 years presence in canada however my PR card is still valid till september 2018.... the reason i cant return to canada is false and malice prosecution by my wife for domestic violence and dowry in India , she married me to just get PR status of canada. now i am facing investigations of false cases and my passport is lost (of which i ve registered a police complaint). I dont know how long it will take to finish all this crap and get divorce from my evil wife but surely till then my PR status will be lost... My question is shall i intimate canadian immigration or CBSA of my present situation explaining my reason of not returning to canada due to circumstances beyond my control..........will this prior intimation may help me in my future application for renewal of my PR status under humanitarian and compassionate grounds ?