I am landed immigrant as skilled worker and landed at August 2015. I am almost 320 days in Canada and I am out of Canada now. My PR card expires at Feb. 1, 2021. Because of Covid19 the airports closed in Iran Since Jan 2020. I can not travel because of this virus now. Apparently it is the bridge of RO. How can I begin the process to enter to Hearing? Should I apply for renewing my PR card, but I am outside of Canada. Please, help.
RO not met
- Thread starter alami123
- Start date
You can't apply for a PR card outside Canada, and if you did, you'd be refused as you haven't met the residency obligation (there's no way for you to get 310 days in Canada in the next 43.)
You either need to try to get back to Canada before your PR card expires or apply for a PRTD after it expires. It's unlikely that they will grant PRTD to attend a hearing in Canada as it's most likely the hearings are not being done in person.
You either need to try to get back to Canada before your PR card expires or apply for a PRTD after it expires. It's unlikely that they will grant PRTD to attend a hearing in Canada as it's most likely the hearings are not being done in person.
Thanks for your reply and advise. Because of COVID19 and the flight shut down from Iran, I could not travel to Canada. Apparently , the only choice will be applying for PRTD. I have documents for Humaneterian issues that I have to stay in Iran. If they are granting PRTD for me, how can I proceed. Thanks in advance.
You can't apply for a PRTD until after your PR card expires. Then you have to apply through a visa office application. Not sure how, search for "IRCC Permanent Residence Travel Document."
Documentation of a humanitarian ground as to why you could not return will be useful. You may need to explain why you could not return from 2017-onwards.
If your PRTD is granted, you can return to Canada. There will be no hearing. If it is refused, you must appeal.
If you wait and NEXT year you apply for a PR Travel Document, follow instructions, prompts, and links at the following webpage:
https://www.canada.ca/en/immigratio...rvices/new-immigrants/pr-travel-document.html
Better option, by far, if at all possible, would be to return to Canada by the end of January 2021. That is, to return BEFORE your PR card expires. Leading to . . .
Best Option Is Return To Canada Before End January, 2021:
If it is at all possible to travel to Canada by the end of January, 2021, that is, so that you arrive in Canada by the day before your PR card expires, that is your best option. It is NOT for-sure but highly likely that returning PRs will be allowed significantly more leeway in RO compliance if it appears their return to Canada was delayed due to Covid-19.
Even if you are reported for a breach of the RO upon arrival, at the PoE, you can appeal that and if you then STAY in Canada, you should have a good chance of being allowed to keep PR status despite the breach of the RO. The stronger H&C reasons you have, the better your odds you will NOT be Reported at the PoE upon arrival, But, likewise, if reported anyway, the stronger your H&C reasons (in addition to delay due to Covid-19 travel restrictions), the better your odds of a successful appeal.
PR Travel Document Options If You Remain Abroad Past Date PR Card Expires:
If you must remain abroad past the date your PR card expires, you will need to apply for and obtain a PR Travel Document in order to board a flight carrying you to Canada. Again, follow instructions, prompts, and links at the following webpage:
https://www.canada.ca/en/immigratio...rvices/new-immigrants/pr-travel-document.html
EDIT TO ADD . . . CAUTION . . . while most of the following analysis remains applicable, in reference to what it means for @alami123 for some reason my brain was processing 720 days spent in Canada rather than 320 days, so two things, two big things: the breach is current and it is a huge breach. The latter, the amount already in breach, is so big as to make this a difficult H&C case . . . very much increasing the risk of being Reported upon arrival if the trip is made before the PR card expires, and very much increasing the risk a PR TD application will be denied. I will address this further in another post. Thanks to @k.h.p. for pointing this out.
Since by then you will be in breach of the RO, yes you will need to submit sufficient H&C reasons for IRCC to allow you to keep PR status despite the failure to comply with the PR Residency Obligation. To the extent that Covid-19 interfered with how soon you could return to Canada, that will be a factor that the visa office MUST consider, along with any other H&C reasons you document.
It is NOT likely, however, that Covid-19 will result in a free pass to PRs in breach of the RO. So many other factors will have influence in how this goes. The longer you wait to return to Canada, obviously the more in breach of the RO you will be, and the stronger your H&C case will need to be. And the longer you wait to return to Canada after it is practically feasible to travel (that is, once Covid-19 travel restrictions are sufficiently relaxed to allow travel), the less favourable weight you will get due to a claim that returning to Canada was delayed by Covid-19.
The latter warrants some emphasis since it is possible, maybe even likely, that travel restrictions will ease enough that travel to Canada will be feasible before the end of January 2021, such that your return to Canada is not really delayed much by Covid-19. In which event, you will be primarily relying on the strength of your other H&C reasons.
If PR TD Application Is Denied; Appeal:
Since your PR card is still valid until the first of February 2021 and thus there is no need to apply for a PR TD before then, and a lot can still change between now and then, it would be premature to address contingencies related to appeal options in the event a PR TD is denied. I do not know for sure how NEXT YEAR appeals will be handled by IRCC, but my best guess is that whether or not a PR abroad will be issued a special PR TD, allowing the PR to return to Canada pending an appeal, will still depend on whether the PR had been physically present in Canada within ONE year prior to the date the PR TD application was made. Technically such special PR TDs are issued so the PR can attend the appeal hearing, but it appears that practically this may be as much about allowing those PRs with sufficient ties in Canada that they have been IN Canada within the previous year the opportunity to return to and live in Canada pending the outcome of the appeal.
FURTHER OBSERVATIONS:
Unless you return to Canada before your PR card expires (which, again, is your BEST option by far, if at all possible), a big factor in how things go will likely be WHEN it was that you spent the 320 days in Canada. The more the more recently the better. In contrast, the longer it has been since you were last IN Canada, the more difficult it will probably be to present a successful H&C case.
In a similar vein, the longer you were abroad before Covid-19 caused travel restrictions, the less weight Covid-19 travel restrictions are likely to have as a H&C factor. As already noted, likewise, the longer after travel restrictions are lifted you seek to return to Canada, the less weight Covid-19 travel restrictions are likely to have as a H&C factor.
Some Particular RO Compliance Calculations:
NOTE: It appears that as of right now you are still in compliance with the PR Residency Obligation. But not for long. If, for example, you landed August 9, 2015, and you have been physically present in Canada 720 days as of today, you are currently in compliance and will continue to be in compliance until July 30th or 31th. This is because in addition to the credit for the 720 days you have been IN Canada, you get credit for any days left on the calendar until the fifth year anniversary of the date you landed.
IN CONTRAST, assuming you spent some time in Canada when you landed in 2015, REMEMBER that those days will NO LONGER COUNT toward RO compliance when they are more than five years ago. For example, if you were in Canada for six weeks after landing in 2015, by the time you apply for a PR TD in February, or later, those 42 days will no longer count, so you would only have 678 days credit toward RO compliance (subtracting the 42 from the 720 days you report having been in Canada since landing). That number should not change the odds of getting H&C relief much BUT, for example, if you were in Canada for six months right after landing, in 2015,, then by the time you apply for a PR TD you will be losing 180 days. 540 or so days credit toward RO compliance would put you into a far higher RISK category.
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I think it will remain to be seen what will happen with the RO and COVID. I am one of the people who had their application for PR renewal well in process when this pandemic started. I am still waiting for my renewal card. Travel to Canada from where I am is extremely limited and certainly not encouraged by all experts. The risks are very high and getting higher every day. When/If I get my card I will only travel when it is safe to do so. I am hoping that this period outside of Canada will not impact further immigration issues - like my citizenship application which is now many many months in process. I will let everyone know when I do eventually find out the implications! Good luck everyone!
Only thing to differ: I believe OP said they landed in August 2015 and spent 320 days in Canada, and then left.
Thank you for emphasizing the number of days in Canada was 320. Big difference in what, for whatever reason, my brain was processing . . . 720 days.
Beyond that, I suspect you are correct that @alami123's 320 days in Canada were immediately following landing in Canada. But that is not clear:
That is, it is not clear from this just when those 320 days were spent in Canada.
When those days were in Canada matters, of course, since the longer it has been since @alami123 was last in Canada the more difficult it will be to make a H&C case for keeping PR status. And in this regard, it if indeed @alami123 was last in Canada around June 2016, or so, @alami123 was already well in breach of the RO BEFORE there were any travel restrictions due to Covid-19. So the travel restrictions due to Covid-19 will not likely be much of a helpful factor in making the H&C case.
IT REMAINS TRUE THAT @alami123's BEST OPTION is to return to Canada before the PR card expires. Indeed, this is MORE the case given the length of the breach . . . the odds are higher of being reported and issued a Departure Order on arrival, but @alami123 could appeal and stay pending the appeal, and anticipating that appeals are likely to be as backed up as most other processes, if @alami123 stays in Canada that could be long enough to bolster the H&C enough to tip the scales favourably. Maybe, but not for sure.
In contrast, if @alami123 does not return to Canada while the PR card is still valid, and applies for a PR TD, the amount of the breach poses a rather high bar for making a successful H&C case.
For sure, it remains to be seen what the full impact of Covid-19 will be. In just about any and every respect. As long as there continues to be expanding outbreaks in major countries, this pandemic poses a serious risk to all countries in the world. And it will take a good long while to fully see the ramifications of what has happened so far let alone forecast the impact of what is yet to come.
Thus, for sure, how Covid-19 will affect the enforcement of the PR Residency Obligation remains to be seen.
That said, we know that at the least the impact of Covid-19 travel restrictions MUST be considered by both CBSA and IRCC officials making a decision about whether to deny a PR TD or Report a PR at a PoE, as well as in any appeal arising from either of these, based on a failure to comply with the Residency Obligation. We know this because IRCC policy and practice, reinforced by IAD and Federal Court decisions interpreting the applicable statutes and regulations, mandate that any and all reasons for a breach of the RO MUST be taken into consideration. Officials MUST consider any possible reason for why a PR should be allowed to keep PR status despite the breach of the RO.
Beyond that, even though we do not know for sure, no special power of prophesy necessary to foresee the likelihood that there will be NO universal grant of amnesty for Residency Obligation breaches because of Covid-19. The likelihood, the very strong likelihood, is that it will remain a factor to be considered in the context of the individual case. After all, there is no breach of the RO even possible unless the PR remains outside Canada for more than THREE years within the preceding five, and so far Covid-19 could not cause a delay in returning to Canada for more than six or eight months.
Thus, even though the precise impact of Covid-19 on the enforcement of the PR RO remains to be seen, it is nonetheless readily foreseeable that among factors which will likely influence how it goes, the main factor in the H&C analysis will continue to be the same main factor as before: how much in breach of the RO the PR is. The more in breach, the bigger the risk that H&C factors, INCLUDING consideration for travel restrictions due to Covid-19, will NOT be enough.
The latter looms large in the difference it makes in whether the PR was just a little in breach of the RO (such as having spent 720 days in Canada and thus short of compliance by just 10 days) VERSUS being in breach of the RO by more than a year (such as the OP who has spent only 320 days in Canada). And for the OP in particular, If (as it appears) the OP was already outside Canada for more than 1095 days BEFORE any Covid-19 travel restrictions took effect, already in breach of the RO before Covid-19, then the OP's breach of the RO did not result from the imposition of the Covid-19 restrictions.
That is not to totally dismiss the prospect of getting some positive weight due to the Covid-19 travel restrictions. But it is likely that the OP will need a strong H&C case apart from and in addition to consideration for Covid-19 in order to have much chance of keeping PR status.
OVERALL: While we cannot predict just how Covid-19 will influence PR RO breach cases, it is very likely that the specific factors in each individual case will determine the outcome, and in this regard most of the factors relevant to these kinds of cases in the past will continue to be the important factors going forward. In addition to the biggest factor, that is how big the breach is, for PRs hoping that they will be given leeway due to Covid-19, it is likely that how soon after travel restrictions are relaxed they make the trip to Canada will have significant influence in how it goes. Additionally, the extent of the PR's ties in Canada will continue to loom as an important factor as well.
Thanks a lot for Nice reply of [U]dpenabill[/U] and k.h.p. . I landed in Canada August 2015, and staying:
August 2015-Fe. 2016: 167 Days
Jun.2016-Aug.2016: 75Days
July2017-Aug.2017:60Days
July2018: 30Days
Totaly: 332 Days
My H&C: My Daughter was under his Mom Custody, and she was under psychologist therapy. I have documents show it. She is 13 now. Her mother immigration separately granted now and she will immigrate to Canada with her Mother. I got married three years ago, and my wife is patient with the Fertility Clinic since 2018.
Is these are enough for H&C for granting PRTD?
August 2015-Fe. 2016: 167 Days
Jun.2016-Aug.2016: 75Days
July2017-Aug.2017:60Days
July2018: 30Days
Totaly: 332 Days
My H&C: My Daughter was under his Mom Custody, and she was under psychologist therapy. I have documents show it. She is 13 now. Her mother immigration separately granted now and she will immigrate to Canada with her Mother. I got married three years ago, and my wife is patient with the Fertility Clinic since 2018.
Is these are enough for H&C for granting PRTD?
You should try but not really. Canada has fertility clinics and psychologists. You also could have moved much earlier. You are only talking about visiting a fertility clinic in 2018.
You could have started your whole fertility journey in Canada. If your child is under her mother’s custody that also shouldn’t have prevented you from moving.
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