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How to apply, processing time, if you're outside of Canada...

PRTD on H & C 

ssgupta21
ssgupta21
Posts: 1


Posted On: 7/30/2021
ssgupta21
ssgupta21
Posts: 1
Hi Everyone,
Hope all are in good health


I studied in Canada on Student visa and worked there for one year and applied under CEC and got my PR in 2016. Due to In and out of my family circumstances, (by younger brother lapsed )and due to COVID situation in last 2 years, i was only able to spent 234 in Canada, and again have to move back to India. My PR card just got expired on May 05, 2021 and definitely i don't meet the residency obligation. Moreover i'm not in Canada. I'm aware of the fact that PR doesn't expires only the card does.

i regularly paying Canadian taxes since 2012, only 2017 and 2020 was not paid, as was not in Canada for even a day.
Now have definite plans to move back to Canada ASAP

Please suggest me the option to go for:

Is it to apply for PRTD under H&C and hope they approve it, and i move to Canada. What are the chances, also right now its a travel restriction from India till August 21, 2021.
Also need to know, if i got in Canada, how will i be able to get a new PR Card, or have to wait 2 years another and then apply, if thats the case, i wont be able travel out of Canada.

Thanks
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Moderator
Moderator
Moderator
Posts: 3583


Posted On: 8/3/2021
Moderator
Moderator
Moderator
Posts: 3583
Hello There,


Thank you for sharing your situation and question with us.

If you do not met their residency requirements, it does not necessarily mean you automatically lose PR status. An official process must begin for one to lose PR status. IRCC may also take humanitarian and compassionate reasons into consideration for your parents extended stay outside of Canada. This is up to IRCC and it would be best for you to contact the local visa office or IRCC via web form to get information and advice specific to your situation.

You may find helpful information in the Community Legal Education of Ontario article, What are humanitarian and compassionate reasons?. Here is an excerpt:
An H&C applicant can give any reasons that they believe will support their application.
Anything that makes others feel compassion and want to help can be the basis for a successful H&C application. For example, the hardship an applicant will face if they have to return to their home country is often a reason that is used.
[...]
Some of the things that an applicant might give as reasons include:
  • how established or settled they are in Canada
  • their ties to Canada, including family ties
  • what would happen if family members were separated
  • their physical health or mental health concerns
  • the impact on their lives of family violence they have experienced or will experience if they have to return to their home country
  • hardship or difficulties they might face if they were sent back to their own country
The decision on an H&C application is "discretionary". This means that immigration officers have a lot of freedom in deciding these applications. But they must base their decisions on the evidence and they must consider all of the evidence as a whole when deciding whether the application is strong enough.


Based on information on the IRCC website, if you would like to return after their PR card has expired, you would need to apply for a Permanent Resident Travel Document to return to Canada. According to the IRCC Help Centre article What happens if my permanent resident card expires while I am outside Canada?:
If you’re outside Canada and don’t have a valid PR card, you need a permanent resident travel document (PRTD) to return to Canada. You can only apply for a PRTD from outside Canada. If you try to return to Canada without a PR card or PRTD, you may not be able to take your flight, train, bus or boat to Canada.


When you apply for a PR card renewal, as an existing permanent resident who has received their PR card in the past, you will most likely also receive your renewed PR card by mail.

If you did not provide a mailing address when you became a permanent resident, you must send Immigration, Refugees and Citizenship Canada your address through IRCC’s online tool within 180 days of the day on which you became a permanent resident. If you do not do this, IRCC will cancel the PR card and you will have to apply for another one and pay the processing fees.
If you do not receive your PR card within six weeks of giving IRCC your Canadian address, you should let IRCC know.

You may also wish to consult a reputable and registered immigration consultant or an immigration lawyer about this situation. We hope this information is helpful, if you have any additional questions, please feel free to post them here.


Sincerely,

Your Settlement.Org Team
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