+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Appeal Allowed ...Can I apply for PR Card?

MUSTAFACAN

Hero Member
Mar 14, 2011
277
16
@depenabill

I have read in a forum that if the a44 report is pending or unresolved for 5 years then a 5 year card will be issued????

Almost I completed 2 yrs stay with a44(1) report.....if I don't hear anything from Minister Delegate for 1 more year...then can I apply for citizenship with 3 year stay?:)
 

Akash2007

Newbie
Oct 15, 2019
7
0
Hi all,
I have a question. I got my new PR card based on H&C grounds 2 months ago. At present, due to family emergency issue I should leave Canada for at least 1 year. I want to know if I return to Canada on September 2020, It is possible to lose my status? my PR card is extended until 2024. Thank you in advance for your replies.

Hello.. Cn u pls tell me how to file for H&C grounds..??

I m quite Preplxed.. In India for 4 years.. Could nt make to Canada till march 2020..by that time.. Only 6 months in my PR period as it started from 26 sep 2015....my mother is nt keeping well..
 

canuck78

VIP Member
Jun 18, 2017
52,959
12,758
Hello.. Cn u pls tell me how to file for H&C grounds..??

I m quite Preplxed.. In India for 4 years.. Could nt make to Canada till march 2020..by that time.. Only 6 months in my PR period as it started from 26 sep 2015....my mother is nt keeping well..
You will have to provide medical records showing that your mother has serious medical needs that have required you to remain in India. Records of hospital stays, doctors appointments, etc will be needed as well as proof of why you can now leave. Has she gotten better of perhaps passed away. You will also need to show that she had no other family members in India who could have cared for her.
 

dpenabill

VIP Member
Apr 2, 2010
6,252
3,018
Hello.. Cn u pls tell me how to file for H&C grounds..??

I m quite Preplxed.. In India for 4 years.. Could nt make to Canada till march 2020..by that time.. Only 6 months in my PR period as it started from 26 sep 2015....my mother is nt keeping well..
File what for H&C grounds?

It appears you currently have a valid PR card.
Have pr card valid till may 2021....
So, IF you are abroad (it appears you are abroad), there is literally NOTHING to apply for. Being abroad you are NOT eligible to apply for a new PR card. Since you have a valid PR card, there is no need to apply for a PR Travel Document. If you expect to continue remaining abroad and not travel to Canada before your PR card expires, AFTER your PR card expires you can apply for a PR Travel Document based on H&C reasons. There is nothing to apply for in advance.

If you are IN Canada, best to NOT apply for anything. Best to stay until you are in compliance with the RO BEFORE leaving or applying for a new card.

See many, many other discussions in this forum, going back through other discussions, in which H&C factors are discussed in depth, relative to making applications for a PR Travel Document, or to present at a PoE upon arrival in Canada if at the time of arrival the PR is in breach of the RO, or in an application for a new PR card . . . noting, however, it is FOOLISH for a PR to apply for a PR card while in breach of the RO; it is far better to simply REMAIN in Canada until the breach is cured and then apply for the PR card (remember, a PR MUST be IN Canada to apply for a new PR card).



NOTE: With narrow exceptions, H&C cases are almost always TRICKY and DIFFICULT. It appears you already have a high risk of being reported upon arrival at a PoE into Canada.

To be clear: Canada policy and practice assumes the very liberal RO itself is sufficient to accommodate virtually any real life contingency that might cause a PR to stay abroad for an extended period of time. Once a PR is in breach of the RO there is a RISK, a very real RISK, of losing PR status. The longer the PR is abroad, the greater that RISK.

With only a couple exceptions (like accompanying a Canadian citizen spouse abroad or the very narrowly interpreted exception for PRs temporarily employed abroad by the Canadian government or a qualified Canadian business), if a PR is outside Canada for more time than allowed by the PR RO, as a matter of law the PR is INADMISSIBLE; then, if subject to a RO determination (such as during a PoE examination upon arriving in Canada, or in an application for a PR Travel Document, or in an application for a new PR card), and the officer determines that in fact the PR was outside Canada for more time than allowed by the PR RO, as a matter of law that constitutes a BREACH of the RO.

Having H&C reasons or grounds does NOT change that.

What H&C reasons can do is give the officer grounds to, in effect, waive the breach and allow the PR to keep status DESPITE being in breach of the PR Residency Obligation. BUT, again, in making this decision, the applicable policy and practice assumes the very liberal RO itself is sufficient to accommodate virtually any real life contingency that might cause a PR to stay abroad for an extended period of time. Including family emergencies, including family illnesses.

I often post observations about the many reasons or factors that can HELP a PR make the H&C case. BUT those observations should NOT be misunderstood to suggest what the outcome will most likely be . . . except in situations which indicate a probable outcome, in which event I ordinarily am explicit about any forecasts . . . note for example, I have seen others describe my explanation of potentially positive H&C factors as expressing "slight optimism," which is NOT what I was describing at all. In particular, for you, the most important factor appears to be how soon you can make the trip to come and stay in Canada.

Yes, a family member's illness can have a good deal of positive influence in the H&C analysis. It is NOT, however, a free pass, and it appears many, many overestimate how much positive weight this factor will have . . . and also fail to adequately recognize the impact of other factors, especially factors like the length of the absence, the absence of establishment in Canada, or the lack of ties in Canada.

IN ANY EVENT . . . there is NO H&C case to make unless and until you come to Canada, prepared to come and settle and stay in Canada. Or if you continue to be abroad until your PR card expires, until you are ready to come to Canada and you make a PR Travel Document application.
 

Akash2007

Newbie
Oct 15, 2019
7
0
File what for H&C grounds?

It appears you currently have a valid PR card.

So, IF you are abroad (it appears you are abroad), there is literally NOTHING to apply for. Being abroad you are NOT eligible to apply for a new PR card. Since you have a valid PR card, there is no need to apply for a PR Travel Document. If you expect to continue remaining abroad and not travel to Canada before your PR card expires, AFTER your PR card expires you can apply for a PR Travel Document based on H&C reasons. There is nothing to apply for in advance.

If you are IN Canada, best to NOT apply for anything. Best to stay until you are in compliance with the RO BEFORE leaving or applying for a new card.

See many, many other discussions in this forum, going back through other discussions, in which H&C factors are discussed in depth, relative to making applications for a PR Travel Document, or to present at a PoE upon arrival in Canada if at the time of arrival the PR is in breach of the RO, or in an application for a new PR card . . . noting, however, it is FOOLISH for a PR to apply for a PR card while in breach of the RO; it is far better to simply REMAIN in Canada until the breach is cured and then apply for the PR card (remember, a PR MUST be IN Canada to apply for a new PR card).



NOTE: With narrow exceptions, H&C cases are almost always TRICKY and DIFFICULT. It appears you already have a high risk of being reported upon arrival at a PoE into Canada.

To be clear: Canada policy and practice assumes the very liberal RO itself is sufficient to accommodate virtually any real life contingency that might cause a PR to stay abroad for an extended period of time. Once a PR is in breach of the RO there is a RISK, a very real RISK, of losing PR status. The longer the PR is abroad, the greater that RISK.

With only a couple exceptions (like accompanying a Canadian citizen spouse abroad or the very narrowly interpreted exception for PRs temporarily employed abroad by the Canadian government or a qualified Canadian business), if a PR is outside Canada for more time than allowed by the PR RO, as a matter of law the PR is INADMISSIBLE; then, if subject to a RO determination (such as during a PoE examination upon arriving in Canada, or in an application for a PR Travel Document, or in an application for a new PR card), and the officer determines that in fact the PR was outside Canada for more time than allowed by the PR RO, as a matter of law that constitutes a BREACH of the RO.

Having H&C reasons or grounds does NOT change that.

What H&C reasons can do is give the officer grounds to, in effect, waive the breach and allow the PR to keep status DESPITE being in breach of the PR Residency Obligation. BUT, again, in making this decision, the applicable policy and practice assumes the very liberal RO itself is sufficient to accommodate virtually any real life contingency that might cause a PR to stay abroad for an extended period of time. Including family emergencies, including family illnesses.

I often post observations about the many reasons or factors that can HELP a PR make the H&C case. BUT those observations should NOT be misunderstood to suggest what the outcome will most likely be . . . except in situations which indicate a probable outcome, in which event I ordinarily am explicit about any forecasts . . . note for example, I have seen others describe my explanation of potentially positive H&C factors as expressing "slight optimism," which is NOT what I was describing at all. In particular, for you, the most important factor appears to be how soon you can make the trip to come and stay in Canada.

Yes, a family member's illness can have a good deal of positive influence in the H&C analysis. It is NOT, however, a free pass, and it appears many, many overestimate how much positive weight this factor will have . . . and also fail to adequately recognize the impact of other factors, especially factors like the length of the absence, the absence of establishment in Canada, or the lack of ties in Canada.

IN ANY EVENT . . . there is NO H&C case to make unless and until you come to Canada, prepared to come and settle and stay in Canada. Or if you continue to be abroad until your PR card expires, until you are ready to come to Canada and you make a PR Travel Document application.
Thnx for the information..

Does is not possible to file for pr extension at medical Grounds of yur own??

Move to Canada without meetin RO obligations seems big risk.. Any one got PR extension on medical grounds at your own??
 

scylla

VIP Member
Jun 8, 2010
92,538
20,358
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Thnx for the information..

Does is not possible to file for pr extension at medical Grounds of yur own??

Move to Canada without meetin RO obligations seems big risk.. And I heard mediav
No - it is not possible to apply to extend your PR on medical grounds from outside of Canada.
 

scylla

VIP Member
Jun 8, 2010
92,538
20,358
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010

dpenabill

VIP Member
Apr 2, 2010
6,252
3,018
And you can not leave Canada till you get the conclusion, correct??
SHORT ANSWER: A PR can leave Canada while an appeal is pending. That said, generally, for Permanent Residents who have an appeal pending in which they are seeking H&C relief from a breach of the PR Residency Obligation, it is better to stay in Canada pending the appeal. BUT short trips abroad should not affect the H&C analysis very much. The more important thing is that the PR has settled in Canada PERMANENTLY, and that any travel abroad be consistent with that (both in appearance and in fact).

Longer response below.


Does is not possible to file for pr extension at medical Grounds of yur own??

Move to Canada without meetin RO obligations seems big risk.. Any one got PR extension on medical grounds at your own??
There is NO EXTENSION of PR status. PR status does not expire. PR status does NOT have a time limit. Once a person is a PR, that person remains a PR UNLESS and UNTIL one of the events terminating PR happens. These events are enumerated in Section 46(1) IRPA; see https://laws-lois.justice.gc.ca/eng/acts/I-2.5/page-10.html#h-274847

The PR Residency Obligation is NOT self-enforcing. Failing to comply with the RO does not automatically terminate PR status. The most common events which will trigger an examination and determination of whether a PR is in compliance with the RO are:
-- questions about RO compliance upon arrival at a PoE
-- RO determination attendant an application for a new PR card
-- RO determination attendant an application for a PR Travel Document​


TECHNICALLY, the following is true:

No - it is not possible to apply to extend your PR on medical grounds from outside of Canada.
BUT it is ONLY true because there is NO extension of PR status at all. It would be just as correct to state: it is not possible to apply to extend your PR on medical grounds from INSIDE Canada.


Thus, in response to your question . . .
Does is not possible to file for pr extension at medical Grounds of yur own??
Again, there is NO "pr extension" (for any grounds).

BUT IN CONTRAST, YES you can make an application to IRCC from outside Canada which will determine whether you will be allowed to retain PR status based on H&C reasons taking into consideration medical grounds.

If you apply for a PR Travel Document and detail your H&C case in that application, the appropriate IRCC Visa Office will decide whether to issue you a PR Travel Document. There is no guarantee this will conclusively resolve the issue but quite likely it will. If, in particular, the Visa Office issues a PR TD on H&C grounds, that will mean you can travel to Canada to stay and probably apply for and obtain a new PR card without waiting two full years, so you could continue to travel abroad. That said, it would be better to at least come to Canada and get established sufficient for it to be readily apparent that you have come and settled in Canada PERMANENTLY before applying for a new PR card or traveling abroad again (but even then, only brief travel until in full compliance with the 2/5 rule).

THAT SAID, it appears you still have a valid PR card. So you can travel to Canada without obtaining a PR Travel Document. PoE officials tend (so far as anecdotal reporting and to some extent IAD decisions appear to indicate) to be significantly more liberal, perhaps even lenient, than Visa Office officials deciding PR TD applications. Moreover, if keeping PR status is a high priority, overall your best chance of saving your status is to be in Canada pending any appeal. If you apply for a PR TD and it is denied, you may not be able to come to Canada pending an appeal (given how long it has been since the last time you were in Canada).

BUT sure, if you would like to put your cards on the table and get a decision from Canada as to whether, given the situation which has caused you to remain abroad, Canada will allow you to keep your PR status (that is, decide if do you have sufficient H&C grounds), without incurring the expense of traveling to Canada gambling on being able to keep status, YES, you can do so by applying for a PR TD.


LONGER RESPONSE TO "And you can not leave Canada till you get the conclusion, correct?"

See short answer at beginning of post; essentially, yes, you can leave, and brief trips should not affect things much.

At the risk of coming across as trite, to be clear, as far as Canadian law is concerned, anyone can leave Canada anytime so long as they are not being detained.

Whether it is prudent to do so depends on the particular individual's situation.

And, in this regard, even for Permanent Residents who have an appeal pending, seeking H&C relief from a breach of the PR Residency Obligation, the RISKS will vary considerably from one individual to another.

Generally, for Permanent Residents who have an appeal pending, seeking H&C relief from a breach of the PR Residency Obligation, it is better to stay in Canada pending the appeal. BUT remember, staying pending the appeal is merely one positive factor in the H&C analysis and it may not be given much weight . . . DEPENDING on other key factors, with the extent of the breach and reasons for not returning to Canada sooner looming as far more influential factors.

Moreover, the significance of staying in Canada pending the appeal is more or less an INDIRECT factor. The more important aspect is the nature and extent of the PR's Canadian ties and establishment. This is because an overriding principle applicable to PR H&C cases is the purpose of the PR grant itself: so that the individual can settle and live in Canada PERMANENTLY. Which is to say that the more the totality of facts and circumstances support a conclusion that the individual is settled in Canada PERMANENTLY, the more positive influence H&C factors will tend to favour H&C relief, the more the individual appears to DESERVE being allowed to keep PR status.

Thus, for example, again FOR a PR with an APPEAL PENDING, it is less important for the PR to stay without leaving than it is for the PR to come, mostly stay, and sufficiently establish a life in Canada which demonstrates that the PR has in FACT come to Canada to settle PERMANENTLY. Thus, the impact of some travel abroad while the appeal is pending may be minimal . . . of course the nature of the trip abroad, including how long for example, could be a big factor. (Noting, however, the other key factors, including the nature and extent of the RO breach, the strength of the H&C case, loom far more importantly.)


IN CONTRAST, for the PR in breach of the RO who is IN Canada:

IN CONTRAST, for the PR in breach of the RO who is IN Canada (such as a PR in breach who was, despite being in breach, allowed to enter Canada without being Reported at the PoE), that PR has an opportunity to avoid an examination of his or her compliance with the Residency Obligation by STAYING in Canada (NO travel at all abroad) long enough to get into compliance BEFORE engaging in any action or transaction which would trigger a RO compliance examination (such as applying for a new PR card or leaving Canada subject to a PoE examination when next returning to Canada).

This is not necessarily a full two years. It depends on how much the PR has been in Canada; that is, it depends on the extent of the breach, especially including the length of the most recent absence.

For example, if the PR was absent from Canada for more than three years prior to returning, but nonetheless was allowed into Canada without being reported, then yes, that PR can only get into full compliance by staying a FULL TWO YEARS . . . two years without so much as a day trip to the U.S., and two years (or at least close to two years) before applying for a new PR card.