urgent help

[nana1991]

i didnt met the RO but granted PRTD based on H&C ,now i completed 1 year in canada after the PRTD .i need to renew my card to be able to visit my family .what ur advice ? also i delivered my first baby here ,will this help based on best interest of child?

 

[zardoz]

i didnt met the RO but granted PRTD based on H&C ,now i completed 1 year in canada after the PRTD .i need to renew my card to be able to visit my family .what ur advice ? also i delivered my first baby here ,will this help based on best interest of child?

Do you now meet the residency obligation requirements? If not, your renewal will trigger a new examination of your compliance and this might not end in your favour. It's hard to see how the "best interests of a child" would benefit you at this point in time, as your child is already a Canadian citizen, inside Canada.

 

[evdm]

Do you now meet the residency obligation requirements? If not, your renewal will trigger a new examination of your compliance and this might not end in your favour. It's hard to see how the "best interests of a child" would benefit you at this point in time, as your child is already a Canadian citizen, inside Canada.

If the child is only a Canadian citizen and couldn't assume the nationality of its parents then it might be a positive factor in an H&C determination. but that's a whole different discussion.

You are, in my opinion, of course right about the renewal likely triggering an examination and I would echo the advice that @nana1991 should only apply for a new PR card once the residency obligation has been met. I would probably add to it, that it would be best to wait for quite a bit longer than 730 days (say, perhaps, 1,000 days) to have a comfortable buffer. Nana1991 indicates only having spent one year back in Canada since the PRTD was issued. This will not be enough time to allow for a renewal of the card, and I would probably say it will trigger an examination and possible report with steps taken to revoke the status and have a removal order issued.

The residency requirements are quite generous, you only have to really spend 40% of your time in Canada despite the status being granted to afford persons the ability to establish themselves and contribute to Canadian society. Yes, H&C grounds exist, but the bar is set pretty high to establish that they apply.

 

[jrjayl]

H&C grounds are not that easy to stand on. You left Canada, and stayed outside, but are granted PRTD, I assume you either have a close family member or living outside Canada was not your intention.

Now you are talking about leaving Canada voluntarily without completing the RO. I don’t see where the H&C reasons are. Your family can come here to visit you, why do you have to leave? Is there some kind of emergency? Is a close family member very sick? The best interest of the child is to stay with you, so in Canada or not is secondary. The fact that he child is a Canadian citizen is not a strong H&C reason.

I fail to see the H&C grounds to grant PRTD again without completing RO since you have already been given the second chance to.

 

[Buletruck]

Agreed, if you got a PRTD once on H&C and fail to meet RO and leave again, the chances of another one are slim to none. Leaving now would definitely be pushing your luck.

 

[canuck78]

Based on your previous posts haven't you already been on vacation just recently? Aren't you also doing a spousal sponsorship which means you should be in Canada. If necessary take a short 1-2 week vacation but you should try to follow the rules very closely given you were already very lucky to be granted H&C. If you were on vacation for 3 months during your spousal sponsorship that could be a big issue.

 

[evdm]

@nana1991, I think you need to make a decision on what's most important to you right now. Your long-term ability to stay in Canada - or - to be with your family and travel outside of Canada in the short term.

If it's to stay in Canada, then you should be happy that you were granted a PRTD on H&C grounds. Now you have to show Canada, in return, that you actually intend to establish yourself in the country and respect the rules of the residency obligation.

As I mentioned before, the residency obligation is quite generous. You only have to be in Canada 40% of the time in a 5-year period. That's less than 5 months a year! H&C rules exist to show leniency for people who have had extreme circumstances under which they weren't able to meet the obligation. With that, Canada is granting people a second chance to show that they will become productive and contributing members of Canadian society. Do not take that for granted.