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Hijazi Posts: 1
Posted On: 10/25/2021
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Hi
My family and I received approval of our Permanent Residency Travel Document, RC-1 category as permanent residents, with one entry permitted, valid until 21/03/2022 on .We are being considered under the Humanitarian and Compassionate category.as we left Canada from 2009.
We are very pleased with the news of getting approval but I have some concerns I would like to address.
I have two sons who are currently studying Medicine at a University in Home country .One of my sons is in fifth year and my other son is in second year.
My questions and concerns are:
1. After we arrive in Canada, we would like to apply for renewal of our Permanent Residency. Will we be able to apply directly or will we have to wait for two years?
2. Do we need to apply on separate sheets clarifying Humanitarian and Compassionate circumstances which had been applied for previously in the Canadian embassy in home country?
3. As my children are still studying in university, and they are unable to miss an extended period of time, once they arrive in Canada, can they leave back to home again to finish their schooling?
4. Will someone be able to receive their permanent residency cards on their behalf after the 137 day waiting period as per the Government of Canada website?
5. If my sons are unable to travel back to Home country again to study, what are the other options for them?
Thanks
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Moderator Moderator Posts: 4141
Posted On: 11/10/2021
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Hello,
Thank you for sharing your questions with us! We are happy to provide a high level answer your questions.
As you have experienced, one does not lose Permanent Resident status by a breach of residence requirements, the expiration of a PR card or other non-action. As you have applied for, and been granted, a PRTD under humanitarian and compassionate grounds, Immigration Canada has confirmed that you have maintained your PR status despite your lack of physical presence in Canada over the past 11+ years. Once you return to Canada, you can apply for a new PR card here. There is no need to wait the 2 years before applying.
Immigration Canada has confirmed that you have maintained your PR status, therefore you do not need to apply separately citing Humanitarian and Compassionate circumstances. The RC-1 coding on your PRTD means that the IRCC determined there is sufficient humanitarian and compassionate grounds to justify the maintenance of your PR status despite the breach of the residency obligations requirements. The Immigration and Refugee Protection Act subsection 28(2)(c) states:
a determination by an officer that humanitarian and compassionate considerations relating to a permanent resident, taking into account the best interests of a child directly affected by the determination, justify the retention of permanent resident status overcomes any breach of the residency obligation prior to the determination.
As your children are currently studying in your home country, they can leave Canada and return to your home country following the submission of their PR card application. They will be required to re-enter Canada either with a PRTD or their PR card. As all PRTD applications are assessed on a case-by-case basis, we do not recommend relying on a positive determination of a PRTD application to facilitate future travel. Going forward, they will need to meet the residency requirements to maintain their PR status.
A PR card can only be delivered to the applicant at a Canadian address. IRCC does not send PR cards to third parties. On occasion, IRCC may ask an applicant to pick up the card at a local IRCC office. However, assuming that you and your sons residences in Canada are the same, you can receive the card and have it delivered to your sons in your home country. However, there are risks with international shipping, specifically loss or damage to the card, associated with this option.
If they are required to travel urgently, you can request urgent processing of the PR Card and enclose flight information evidencing the urgent need of travel.
Finally, if your sons are unable to travel back to your home country to study, they can explore studying here.
Please let us know if you have further questions.
Sincerely,
Your Settlement.Org team
Disclaimer:
This document does not contain legal advice.
This document was prepared with the assistance of PBSC Western University law student volunteers. PBSC volunteers are not lawyers and they are not authorized to provide legal advice. This document contains general discussion of certain legal and related issues only. If you require legal advice, please consult with a lawyer.
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