PR card renewal on h&c

[Samer.kareem]

Hi,
I have a PR card which is going to be expired at the middle of the this year
at that time i will not meet the RO and i will not be in Canada because I study abroad (i’ll be graduating 3 months after the expiration date of the PR card)
and when I finish my studies abroad , I won’t be able to return back to my home country because of the dangerous situation there.
btw, my family is in Canada!

I read a similar topic here in this forum, but I want to ask some questions here,

1- does it worth to apply for a renewal on h&c grounds?

2- How long does the renewal of the PR card on h&c take?

3- If I wanted to apply for a renewal on the h&c grounds, is it better to apply in Canada while my PR is still valid and return back to finish my studies and explain to them that i will be graduated and return back to Canada right away, or is it better to apply from the country where I study?

4- Once I apply, am I still allowed to return back to Canada via the USA by landeven if they my h&c case was rejected? and as i will be appealing right away?

Thanks

 

[keesio]

The chances of H&C being successful because of study abroad is slim. It is not considered a valid reason and it will be tough to convince CIC. If you want to guarantee your return to Canada without issue, the best thing is to return before your PR card expires. But that would mean you have to abandon your studies.

 

[dpenabill]

Hi,
I have a PR card which is going to be expired at the middle of the this year
at that time i will not meet the RO and i will not be in Canada because I study abroad (i’ll be graduating 3 months after the expiration date of the PR card)
and when I finish my studies abroad , I won’t be able to return back to my home country because of the dangerous situation there.
btw, my family is in Canada!

I read a similar topic here in this forum, but I want to ask some questions here,

1- does it worth to apply for a renewal on h&c grounds?

2- How long does the renewal of the PR card on h&c take?

3- If I wanted to apply for a renewal on the h&c grounds, is it better to apply in Canada while my PR is still valid and return back to finish my studies and explain to them that i will be graduated and return back to Canada right away, or is it better to apply from the country where I study?

4- Once I apply, am I still allowed to return back to Canada via the USA by landeven if they my h&c case was rejected? and as i will be appealing right away?

Thanks

I agree with keesio that the best course of action to preserve your PR status is to return to Canada sooner rather than later.

I do not, however, share keesio's characterization of H&C considerations. H&C cases are very individual, very fact specific, and generalizations regarding the weight of particular factors can be way, way off the mark. That said, H&C cases are the exception, really an exception, so it can be tough to make a H&C case, really tough.

Factors like continued education abroad can be assessed in context relative to a wide range of other individual factors, not the least of which is the PR's age, the PR's establishment in Canada, the reasons for continuing the education abroad (rather than in Canada), comparison to potential hardship if PR status is lost, among many other factors specific to the individual. Remaining abroad to study can be a negative consideration, a neutral consideration, or a positive consideration, depending on many other particulars.

Except in the most obvious situations, H&C cases are a gamble, a big gamble. Best avoided if at all possible. (Hence my agreement with keesio that the best course of action to preserve your PR status is to return to Canada sooner rather than later.)

Other things to take into account: being abroad, you are not eligible to be issued a new PR card.

Once your PR card expires you will need a PR Travel Document to fly to Canada.

If you attempt to return to Canada via the U.S. by a land-crossing there is a significant risk you will be reported (44(1) Report for inadmissibility due to breach of PR Residency Obligation) unless you can make a persuasive H&C case. This is likely even if you have applied for a PR card (in fact, applying for the PR card probably increases the likelihood of questions regarding PR RO compliance at the POE), and can happen even if you were issued a new PR card (although if based on H&C grounds that should suffice to not be reported at the POE -- but being abroad, it is highly unlikely you will be issued a new PR card, even apart from the risk the H&C grounds will fail).

If reported at the POE, a Removal Order would probably be issued promptly if not immediately, and an appeal would test your H&C case. But you would indeed be allowed to enter Canada in the meantime.

A competent, experienced Canadian immigration lawyer (NOT a consultant) could offer far better input regarding the prospect H&C grounds will succeed in your particular situation, and what the risks are if you wait to make the H&C case in applying for a PR Travel Document.

Also note: if you have not complied with the PR RO, even if you return to Canada prior to the expiration of your PR card, you could still be reported for inadmissibility and face loss of PR status unless you make a persuasive H&C case.