PR renewal with Humanitarian & Compassionate (H&C) Grounds - 2022

[Kalandar]

Response from other users in other thread, I don't ahve anything to add.

Any inputs would be appreciated

 

[canuck78]

@dpenabill , @armoured Need your expert advise in this situation

Last year I was stuck in my home country for long time due to pandemic and my PR card was about to expire hence I applied for my PR card renewal from my home country in April 2021 and came back to Canada in July 1 2021. My total days in Canada were 732 in the last 5 years from the time I applied. Now after waiting for over one and half years I am getting a letter from IRCC on October 25, 2022 for an in-person attendance and then after the examination the office will determine if they would issue me a 5-year or 1-year PR card. I am asked to carry all the documents including residency proofs,

I have added 500 plus days after returning to Canada with a job in hand, based on this case, can I be issued a PR card with a 5 year validity or they would still evaluate my residency obligation based on the days I had at the time of application.

Would appreciate your advice on what can be done in this situation to retain my permanent residence status and convince the officers

You can’t apply for PR card renewal from outside Canada so that is your first issue. You are lucky it wasn’t returned on those grounds. You must apply from inside Canada. Nobody can anticipate what will happen during your meeting.

 

[Kalandar]

You can’t apply for PR card renewal from outside Canada so that is your first issue. You are lucky it wasn’t returned on those grounds. You must apply from inside Canada. Nobody can anticipate what will happen during your meeting.

I spoke to some one in IRCC before the application and they confirmed that I can send the application from my home country ( I even have the phone conversation recorded) , however it would be dispatched to the local address, hence I did so, because I was travelling in a couple of months and I thought by the time I would be back, I can get my PR card. Can I produce this as a proof that I did this based on the info provided by IRCC?

 

[hbc]

Hi,
Has anybody applied for PR renewal with Humanitarian & Compassionate (H&C) Grounds due to not meeting residency obligations?
Please share your experience.

I have applied in November 2021 through an immigration lawyer and the application status is still "In Process".

Any idea of a timeline for such applications with H&C grounds?

Thanks!

Did you use an immigration consultant or lawyer? If so please share the contact details. Also did you do the online application or paper based?

 

[hbc]

There are numerous discussions about this in several topics here.

If you have an experienced, trustworthy Canadian immigration lawyer handling this AND you are IN Canada, you are probably OK in terms of keeping your PR status.

Despite how much this has been discussed here, there is no where near enough reporting about this to illuminate a probable timeline . . . even in the best of times, let alone now when all processing timelines are uncertain and non-routine processing timelines (which yours would be) are going long and longer.

While you should be OK in terms of keeping PR status (again, assuming you have a competent lawyer AND you are IN Canada), it is curious why you went ahead and made an application for a new PR card based on H&C rather than just stay and wait until you were in compliance with the Residency Obligation. Depending on how much time you have spent in Canada, and other factors, the safe approach is to STAY and WAIT, rather than take the risk of triggering a 44(1) Report by applying for a PR card. Which immigration lawyers know of course.

If you are currently NOT IN Canada, you are dependent on the expertise of your lawyer. That is a highly unusual scenario and would be a very tough case. And one the forum is not well acquainted with . . . the usual approach for a PR abroad would be to apply for a PR Travel Document based on H&C rather than make an application for a new PR card. Best I can suggest, if you are currently NOT in Canada, is to make sure you have a reputable, experienced Canadian immigration lawyer handling this.

Can someone provide the name of a reliable trustworthy immigration lawyer as have to file for urgent pr renewal with ro not met under H&C.

 

[mrehanali]

You can’t apply for PR card renewal from outside Canada so that is your first issue. You are lucky it wasn’t returned on those grounds. You must apply from inside Canada. Nobody can anticipate what will happen during your meeting.

I applied PR card renewal from outside Canada and it was accepted. You should have a local address inside canada as they do not dispatch card outside Canada.

 

[Ped1994]

I applied PR card renewal from outside Canada and it was accepted. You should have a local address inside canada as they do not dispatch card outside Canada.

May I ask how many days you were inside Canada and how long did it take from start to finish? Mine has been in process for 8 months.

 

[dpenabill]

I applied PR card renewal from outside Canada and it was accepted.

That is NO LONGER how it works.

Currently, a PR MUST BE IN CANADA at the time a PR card application is made.

Prior to this past summer (June/July 2022), IRCC information clearly stated eligibility required being IN Canada at the time of making the PR card application, but there was no direct enforcement mechanism and many PRs managed to successfully apply despite being outside Canada.

As of this past summer (June/July 2022) IRCC implemented a new form for making a PR card application which mandates the PR be present IN Canada at the time the application is made. The interactive form will not even facilitate completing an application for a PR card UNLESS the applicant has checked the box declaring their presence in Canada (and obviously it would be utterly . . . well, let's say "NOT wise" . . . to make such a bold misrepresentation as to declare presence in Canada if the applicant is outside Canada on the date the application is signed).

 

[AmitMah1]

Can someone provide the name of a reliable trustworthy immigration lawyer as have to file for urgent pr renewal with ro not met under H&C.

yes, I do. But I need to check with him if he is ok with me sharing his details. That’s because he is always super busy. Please remind me if I don’t get back to you soon.

 

[canuck78]

I applied PR card renewal from outside Canada and it was accepted. You should have a local address inside canada as they do not dispatch card outside Canada.

That is misrepresentation since you re required to indicate your current address. You can also get reported for not meeting RO on reentry even if you managed to get a new PR card based on misrepresenting that you were still in Canada.

 

[AmitMah1]

yes, I do. But I need to check with him if he is ok with me sharing his details. That’s because he is always super busy. Please remind me if I don’t get back to you soon.

You can contact Mr. Navratan Fateh (details on his website). He is a Vancouver based lawyer and has a office in Chandigarh, India. I was in a similar situation as yours and he helped me apply for a PRTD. Please note that he may or may not take your case dependent on his workload.

 

[Ped1994]

My humanitarian pr renewal got decision made today!
It took 7 months

 

[rps0470]

My humanitarian pr renewal got decision made today!
It took 7 months

How many days you were short from RO?

 

[canuck78]

My humanitarian pr renewal got decision made today!
It took 7 months

Renewimg your PR card early does not make your RO issue go away. If you travel abroad you are still currently way under the 730 days in the past 5 years so until you are able to meet your RO your status is still at risk if you leave Canada.

 

[Ped1994]

If there was such rule, there was no H&C renewal!