How and where we can apply for h & c grounds i am short of 730 days obligation
- Thread starter Kulwinder89
- Start date
Makes a big difference if you are in Canada or outside Canada. I outline various scenarios below:
CURRENTLY IN CANADA SCENARIOS --
-- If you are currently IN Canada, better to wait until you have stayed in Canada long enough to be in compliance with the PR Residency Obligation BEFORE applying for a new PR card. Best to NOT leave Canada in the meantime.
-- If you are currently in Canada but for some reason cannot or do not want to wait while you stay long enough to be in compliance with the RO BEFORE making the PR card application: in this situation you can apply and include with the PR card application supplemental information explaining your H&C reasons. This is RISKY. Good idea to consult with a lawyer before doing this.
CURRENTLY OUTSIDE CANADA SCENARIOS --
-- If you are abroad (outside Canada) and you still have a currently valid PR card (for example, one that might be expiring soon), best to come to Canada as soon as possible. You may or may not be examined regarding RO compliance at the Port-of-Entry. If examined, at that time the border officials must give the PR an opportunity to explain H&C reasons before taking action to terminate PR status (typically referred to as being "Reported" in this forum, though there is more to it than that).
-- If you are abroad (outside Canada) and you do NOT have a currently valid PR card, but you can travel to Canada via the United States, and use personal transportation to get to the border, again best to come to Canada as soon as possible. Again, you may or may not be examined regarding RO compliance at the Port-of-Entry. If examined, again at that time the border officials must give the PR an opportunity to explain H&C reasons before taking action to terminate PR status.
-- If you are abroad (outside Canada) and you do NOT have a currently valid PR card, and you cannot travel to Canada via the United States, then you will need to apply for a PR Travel Document and submit information supporting H&C reasons for allowing you to keep PR status despite not being in compliance with the RO. A PR TD will allow you to return to Canada. Here too, the sooner you do this the better.
-- NOTE: Once back in Canada, if allowed to return without being "Reported" or denied a PR TD, again best to stay and wait until you have stayed in Canada long enough to be in compliance with the PR Residency Obligation BEFORE applying for a new PR card. Best to NOT leave Canada in the meantime. It would be safe to apply for a new PR card BEFORE being in RO compliance ONLY if you are sure a PR TD was issued on H&C grounds.
I am outside canada bcz of some circumstances where i can apply for h & c grounds and how. Can you guide me
While outside Canada, you can apply PRTD on h & c grounds. Contact your nearest Canadian consulate or visa application centre.
If you are totally clueless as to what form you must fill out and where to send it, may you you should consult an attorney. Campbell & Cohen is one of the best and legitimate immigration law firms in Canada, in case you need a consultation.
Here is a link to an article, that gives further details and instructions on what to do if you apply for card renewal or PRTD, denied and found in violation of RO:
http://www.cba.org/CBA/cle/PDF/IMM13_paper_roth.pdf
Here is a link to an article, that gives further details and instructions on what to do if you apply for card renewal or PRTD, denied and found in violation of RO:
http://www.cba.org/CBA/cle/PDF/IMM13_paper_roth.pdf
The instructions and forms for applying for a PR Travel Document can be found through links here:
https://www.canada.ca/en/immigration-refugees-citizenship/services/new-immigrants/pr-travel-document/how-to-apply.html
If that information is not sufficiently clear for you, you likely need personal assistance, preferably the assistance of a lawyer. Or, at least find someone who can help you go through and follow the instructions to complete the forms.
The instructions and forms for applying for a PR Travel Document can be found through links here:
https://www.canada.ca/en/immigration-refugees-citizenship/services/new-immigrants/pr-travel-document/how-to-apply.html
If that information is not sufficiently clear for you, you likely need personal assistance, preferably the assistance of a lawyer. Or, at least find someone who can help you go through and follow the instructions to complete the forms.