PRTD on H&C grounds

[Harry15]

I have read somewhere in this forum that if one gets PRTD on H&C grounds then one can apply for new PR Card immediately after landing here. There is no need to wait for two years to meet RO. Is it true?!!
Seniors please advice.
Thanks

 

[zardoz]

I have read somewhere in this forum that if one gets PRTD on H&C grounds then one can apply for new PR Card immediately after landing here. There is no need to wait for two years to meet RO. Is it true?!!
Seniors please advice.
Thanks

That's generally understood to be the case.
Effectively, your residency obligation examination has already been done during the PRTD processing, so the PR card renewal is unlikely to oppose this decision. It is not however impossible for them to reexamine your status during the renewal application, just unlikely.

 

[Sheps]

I have read somewhere in this forum that if one gets PRTD on H&C grounds then one can apply for new PR Card immediately after landing here. There is no need to wait for two years to meet RO. Is it true?!!
Seniors please advice.
Thanks

I think it would be heavily dependent upon the circumstances you are applying for a PRTD. If you are simply out of your RO and are trying to circumvent that by getting a Travel Document, doubtful. If you have been stuck in a foreign country because you were a prisoner of war, or something equally as outside of your control (hospitalized due to illness, marooned on a tropical island, etc) then you might be successful.

Do you meat the residency obligation now? If you do, and nothing changes when you renew, then you will still meet it and you will be fine. The RO is based on 2 years in the previous 5 years (sliding), so if you are in Canada from July 1st, 2011 to July 1st, 2013 (2 years) and you leave for 3 years, you will still be in status July 1st, 2016 (on that exact date). If you come back on June 1st, 2016 on a PRTD and apply for a PR Card on June 2nd, 2016, you are still in status at that time. If you apply on July 2nd, you are out of status (1 year and 364 days)

 

[Harry15]

I think it would be heavily dependent upon the circumstances you are applying for a PRTD. If you are simply out of your RO and are trying to circumvent that by getting a Travel Document, doubtful. If you have been stuck in a foreign country because you were a prisoner of war, or something equally as outside of your control (hospitalized due to illness, marooned on a tropical island, etc) then you might be successful.

Do you meat the residency obligation now? If you do, and nothing changes when you renew, then you will still meet it and you will be fine. The RO is based on 2 years in the previous 5 years (sliding), so if you are in Canada from July 1st, 2011 to July 1st, 2013 (2 years) and you leave for 3 years, you will still be in status July 1st, 2016 (on that exact date). If you come back on June 1st, 2016 on a PRTD and apply for a PR Card on June 2nd, 2016, you are still in status at that time. If you apply on July 2nd, you are out of status (1 year and 364 days)

Many thanks.
What will happen in the case of a minor who got the PRTD on H&C grounds but couldn't meet RO because of parents (as they didnt come back to canada). Do you think CIC will issue new PR card?

 

[Sheps]

I don't think anyone here is qualified to answer that.

 

[Harry15]

I don't think anyone here is qualified to answer that.

I would REALLY appreciate if someone could give advice.
Seniors please.

 

[zardoz]

I would REALLY appreciate if someone could give advice.
Seniors please.

If you obtain a PRTD based on H&C grounds, there should be no problem with renewing your PR card.

 

[Harry15]

If you obtain a PRTD based on H&C grounds, there should be no problem with renewing your PR card.

Thanks.
Any other Senior memeber has something to add?
Please update.

 

[canuck_in_uk]

If you obtain a PRTD based on H&C grounds, there should be no problem with renewing your PR card.

Agreed. CIC has already decided to not revoke PR status, so it is expected they will just issue a new PR card.

 

[Harry15]

Agreed. CIC has already decided to not revoke PR status, so it is expected they will just issue a new PR card.

Many thanks. Helpful advice

 

[anonymouscookie]

Agreed. CIC has already decided to not revoke PR status, so it is expected they will just issue a new PR card.

Hello I have a question, so basically when I landed I got the pr but I was obviously a minor and unable to make a decision to stay in Canada so obviously my PR CARD expired. so this led me to apply for a prtd based on h&c grounds. now my question is when i go to Canada in a few weeks, i have filled out the pr application but left one section empty which is the residency obligation as I stayed outside of Canada for 1095 days or more. However, the situations they mention (absences while accompanying family member, family business etc) don't apply to me. So my question is, do i leave this section empty when i submit this application in hopes they will look at my file knowing I have a valid reason based on h&c grounds or do i submit a letter along with this application? can someone help me with this please. thank you. Also, I was issued the visa 24th of august and I'm traveling on the 22nd of sept. and its category RC-1, so can anyone please elaborate on this and provide me with good news, thanks.