Apply for PTRD dillema

[Immiman]

Hi Guys,

It has been long time I posted on the forum. I have completed 597 days of staying in 5 years and do not meet my RO. I left Canada end of Dec 2012 and My PR expired on Jun 2016. I had valid H&C reason to stay out of Canada and am still ready for sometime to apply for PTRD. I heard it takes 2 years on average to hear about the court case, now I am in dillema

i, Do I apply for PTRD with less evidence so it will most probabaly get rejected so I can fight case after say 2 years?
ii, Do I apply for PTRD with compelling reason so I get PTRD which will be valid for few months? What happens when I head to Canada do I have to stay for 2 yrs continuously? Can I renew my PR card once I am there


Your help in this regard would be highly appreciated.

 

[dpenabill]

Hi Guys,

It has been long time I posted on the forum. I have completed 597 days of staying in 5 years and do not meet my RO. I left Canada end of Dec 2012 and My PR expired on Jun 2016. I had valid H&C reason to stay out of Canada and am still ready for sometime to apply for PTRD. I heard it takes 2 years on average to hear about the court case, now I am in dillema

i, Do I apply for PTRD with less evidence so it will most probabaly get rejected so I can fight case after say 2 years?
ii, Do I apply for PTRD with compelling reason so I get PTRD which will be valid for few months? What happens when I head to Canada do I have to stay for 2 yrs continuously? Can I renew my PR card once I am there


Your help in this regard would be highly appreciated.

The particular facts and circumstances matter a lot. I cannot say how you should proceed.

I can, however, note that usually the sooner the effort is made to return to Canada the better, and that if you are currently not in compliance with the PR RO, future events while you remain abroad are not likely to strengthen your H&C case. A H&C case can be made stronger by presence in Canada in the meantime, but only marginally so.

 

[Leon]

If you have H&C grounds and proof and you are ready to return to Canada at this point, you can apply for a travel document. If you get it, you can return to Canada and apply to renew your PR card right away. However, you should stay for 2 years straight in order to meet the RO because even if you get a travel document, you are given a free pass for not meeting the RO int he past but not for the future. Hence it could happen if you get your new PR card and then leave again that you will want to return some months or a year later that immigration may stop you and report you based on that you do not meet the RO.

If you do not have proof of your H&C grounds and/or are not ready to return to Canada at this point, then you should not bother apply. When you apply for a travel document, you basically have that chance plus one appeal and if you mess that up and they deny and refuse your appeal, you will lose your PR status.