If PRTD application under H&C considerations is rejected

[Technogarchy]

I became a Canadian PR at the end of October 2019. However, I couldn’t stay in Canada. I left after about two months and made only one trip for another month last year. So, it’s now been over five years, and I clearly haven’t fulfilled the residency obligation. My PR card has expired, and I’ve only spent a total of three months in Canada.

To be honest, I’m okay with letting the residency go—I don’t mind losing it. But I haven’t officially renounced it yet. That’s something I’m considering now. At the same time, I’m wondering if I should take a chance and apply for a PRTD (Permanent Resident Travel Document) under Humanitarian and Compassionate (H&C) considerations.

I don’t have any strong documentation to support an H&C claim—it’s just that “life happened.” But I’m curious to see what they say. I’m willing to pay the fee and apply, even if it’s just to try. If they reject it, I’m fine with that.

Because I found that when I visited last year for a month, there was no problem for me at immigration even though I was already irrevocably in breach of residency obligation by that point. (Why didnt I stay for two years then? because I am stupid and not a risk taker and listened to friends and family who said its going to be expensive and a struggle and what if I dont find a job etc.)

Here are the questions I need clarity on:

1. If my H&C-based PRTD application is rejected, can I still go ahead and renounce my PR status officially from outside Canada? Or do I have to wait for them to issue a formal report or decision, which might complicate things or take it out of my hands?
2. If the PRTD is somehow approved and I travel to Canada, could I still be reported at immigration for not meeting the residency obligation? And face the same fate as above?
3. If I enter Canada and am not reported, and I decide to stay and fulfill the two-year residency requirement to maintain my PR, I should still be able to at the end of two years, without complications, correct?
4. But what happens if I try to renew my PR card after being let in? Does the fact that I received a PRTD while I was still in breach of RO automatically grant me card renewal or will it still be taken up to another round of HC assesment? Which I could contest if rejected/reported and stay on until order is passed etc. (I dont want it to come to this, of course, but just examining scenarios)
5. Overall, is it even worth going through this process? I don’t mind being rejected, I’m just trying to understand the different outcomes clearly. If it doesn’t work out, I’m happy to simply renounce the PR status officially.

In short: I want to weigh the pros and cons of taking a chance with a PRTD vs. directly renouncing my status. I’m looking for an honest understanding of the possible outcomes.

 

[armoured]

1. Yes. Although the revocation happens as part of the process, therefore doesn't make much difference.
2. No.
3. Yes.
4. If the PRTD is granted on H&C basis (PRTD coded RC-1), you can apply for the PR card, no worries. Opinions differ if the code is different on the card; I personally suspect you can apply for the card right away anyways, but I can't substantiate.
5. Only you can make this decision.

I should note: if you can enter via land border (i.e. USA), you face lower risk of being reported. Then you can stay for two years and be clear. But for many this is not practical and/or they'd prefer to apply for PRTD and know in advance.

 

[canuck78]

Also a consideration for many is that they may not be able to obtain things mine a driver’s license or health card if they enter Canada and are not reported. Ability to secure these vary by province. If you still have a desire to move to Canada your current profile and chances of securing PR again may also impact how you want to proceed. If chances of securing PR again are extremely low then you may choose to try to fight to retain your current PR status much harder and put up with more risk and uncertainty.