Urgent - PR Renewal on humanitarian and compassionate grounds - need advise!

[mohibelani]

Dear All,

I am a permanent resident and got my status on January 2010. I have been in Canada for 718 days in total falling short of 12 days to complete my residency obligation.

I have also been a international student from August 2008 until 2009 December after which I was a permanent resident.

My H&C condition is a sick parent with a non curable disease which needs caretaker and i spend my 18 months from 2012 jan until 2013 june looking after my dad, who then returned to canada. My whole family parents and sister are permanent residents residing in Canada.

After they returned i tried looking for a job and couldnt find one which led me to go back to middle east and support my family financially.

I applied to renew my PR in 2015 and was returned back due to missing photographs.

To return back to canada I applied for a PRTD on H&C from AUH which has already been granted and I arrived back 10 days ago.

I have all other documentation in hand, repayment of student loan, tax assessment, drivers license and health card which is requirement for renewal.

I need to renew my PR now whilst its in process i might have to travel back as certain banking procedures which i was not aware of need to be completed.

I have been hearing a lot of cases where it takes 6 months to renew or they ask you to come in person to collect the PR card.

I have couple of questions based on my case-

1) If I have traveled and my PR card is selected for me to come in person and collect it, can I apply for another permanent resident travel document from UAE/India, I have an indian passport.

2) I am aware I need a very strong cover letter for my application and the documents I have mentioned above, am I missing something very important that I need to know about?

3) I am planning on hiring an immigration lawyer for my case, can someone suggest me any lawyers or consultants which are reasonably affordable?

4) Should I continue on my old application with the missing pictures or submit a new one?

I have seen this forum as a very receptive and effective community hope I can get your valuable feedback!

Thanks,

 

[Rob_TO]

1) If I have traveled and my PR card is selected for me to come in person and collect it, can I apply for another permanent resident travel document from UAE/India, I have an indian passport.

I would not advise on trying, as you would be pushing your luck. You already got a PR Travel Doc once, and if you leave Canada again so early after the previous one and try for another one, CIC may not accept your H&C case this time and end up revoking your PR status instead.

Not sure how strong a H&C case you will have going forward as it seems your entire family is in Canada and the only reason you are living abroad is for employment. CIC may determine you should have stayed in CAnada and just found a job here to support your family.

So basically this means if you travel outside Canada and CIC demands you come in person to pick up your PR card, you will be putting your PR status at risk to just try and get back to Canada to pick it up. In fact even if you get the new PR card, by leaving Canada and not meeting the residency obligation you could be reported when re-entering Canada and have your PR status revoked.

Getting a PR Travel Doc for H&C reasons allows you to fly back to Canada and immediately renew your PR card. It does not then allow you to continue breaking the RO going forward. CIC expects people who get a H&C Travel Doc will stay in Canada, not leave again right away, no matter the reason.

 

[spyfy]

I want to second Rob_TO's opinion. If I understand it right you are in Canada right now, you were let back in on H&C grounds, you are short of your residency requirement and you don't have a PR card at the moment.

If you leave Canada now, you run into a very high risk of not getting another Travel Document and instead losing your PR status upon application for one.

Do NOT leave Canada until you have a PR card AND (!) are certain that when returning to Canada at a later date, you still fulfill the residency obligation. I don't know what kind of banking matters you have to attend to but I think you should reconsider if these banking matters are important enough that you want to risk loosing your PR status over them.

 

[Leon]

Agreed. A PR TD addresses your failure to meet the RO in the past but it doesn't excuse you for the future. Even with a brand new PR card on the way, you still do not meet the RO and can be reported at any time for not meeting it if you continue living outside Canada. It would be safe for your PR if you stay for long enough now to meet your RO again, even if it means you have to stay 2 years straight.

If you continue living outside Canada, it would be a matter of time until you lose your PR. Living outside Canada in order to work is not considered H&C grounds.

 

[mohibelani]

Hi Guys,

Thanks for the replies.

So basically it isnt suitable for me to travel in any situation for atleast the next 2 years if I understand correctly, even if I get PR card renewed?

I have resigned from my work and am not using that as an H&C reason, I have the reports and reasons to support that.

Would it be possible that I can attach the letter from the bank that I have received requesting me to be present in person to complete it and a return ticket back to Canada for my PR renewal to get it done urgently?

Thanks for the reply, Rob, spyfy and leon!

 

[spyfy]

Please share with us the exact dates you were in Canada since February 28, 2011 (five years ago).

Something like this: I was in Canada from 2011-03-20 to 2012-04-25 and so on.

We need to know your exact situation regarding the days to be able to tell you how long you have to stay/when you can leave.

 

[mohibelani]

I have a application which I had sent last year returned due to missing photographs and I am using the same application.

I became a permanent resident in 2010, and my travel dates are in yyyy-mm-dd format

Resided in canada from

2010-01-04 until 2010-11-15
2011-01-14 until 2011-04-22
2011-05-16 until 2012-01-20 -(this absence is where I was a caregiver for my father i.e 2012 to 2013)
2013-06-07 until 2013-07-05
2014-09-09 until 2014-09-19
2015-01-10 until 2015-01-26

Thanks,

 

[Leon]

Your first stay in 2010 is already out the 5 year window and is no longer counted. Your 2nd stay in 2011 is getting eaten up right now because every day, you are losing one day outside the 5 year window.

According to my calculations, you will meet the RO again around Christmas 2017. It would be safer for you to stay in Canada until then.

 

[mohibelani]

I had given in my application last year for the time period I am stating and was returned saying the photographs werent the right size and I was asked to resubmit the same application with my pictures.

Can I still use that application or that's not feasible any more?

The letter from CIC is dated May 2015.

 

[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 ?

 

[scylla]

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 ?

No - prior intimation won't help. Once you are ready to return to Canada, you'll apply for a PRTD under H&C then stating the reasons why you were unable to return and providing evidence. There's nothing you can do until then.