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Lawyer for H&C reason

sammy123

Full Member
Nov 19, 2012
25
0
I got a PR on April 2011 and left the country on Dec 2012. I am four months short of Residency requirements. While in Canada I worked full time. I had to leave as my dad passed away and my mom had been ill . My PR ends on June 2016. My question is:-
i, Can I apply for PR extension from outside Canada due to H&C reasons?
ii, If yes how long would the process take?
iii, Can you recommend any good lawyers who are specialized in helping for H&C condition?
 

scylla

VIP Member
Jun 8, 2010
92,538
20,357
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
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LANDED..........
05-10-2010
i. No - you have to apply from within Canada.
 

sammy123

Full Member
Nov 19, 2012
25
0
That means I will have to apply for PRTD first? If yes who makes the decision for PRTD the embassy or the court in Canada?
 

PMM

VIP Member
Jun 30, 2005
25,494
1,946
HI

sammy123 said:
That means I will have to apply for PRTD first? If yes who makes the decision for PRTD the embassy or the court in Canada?
The office where you apply makes the decision on the PRTD
 

Immiman

Full Member
Sep 4, 2008
40
0
So what do I do to get successful PRTD? Is it possible that I will get PRTD but get rejected for PR card renewal?
 

dpenabill

VIP Member
Apr 2, 2010
6,252
3,018
Immiman said:
So what do I do to get successful PRTD? Is it possible that I will get PRTD but get rejected for PR card renewal?
To obtain a PR Travel Document, you need to provide information and evidence which shows you are in compliance with the PR Residency Obligation.

Otherwise, a case can be made that the breach of the PR RO should be waived due to H&C reasons. This is a difficult case to make, since the PR RO is so flexible that PRs can be abroad for up to three years to deal with the reasons for needing to be abroad, and this is expected to cover the vast majority of circumstances compelling PRs to spend time abroad. There are exceptional situations beyond that, so it is not impossible to make the H&C case.

If the PR TD application is successful, and the PR is issued a PR TD, and the PR timely returns to Canada, generally there will be no problem at the PoE, no PR RO examination with the possibility of being reported and issued a Departure Order. There are exceptions, such as a relatively recent report from a PR who was abroad, who applied for and obtained a PR TD while still in compliance with the PR RO, but who delayed actually returning to Canada toward the end of the period of time the PR TD was good for, and by that time was no longer in compliance with the PR RO -- this individual was examined upon arrival at the PoE and issued a 44(1) Report followed by a Departure Order. If the PR TD is issued based on H&C reasons, this should not happen because the Residency Determination which is part of processing the PR TD application has, in effect, adjudicated that the PR's previous absences are excused. Albeit, the sooner the PR then makes the trip to Canada, after obtaining the PR TD, the lower the risks.

Once in Canada, how it goes in an application for a new PR card can vary. The PR TD based on H&C reasons will likely, but not necessarily, support IRCC deciding to issue a new PR card. However, this could involve a much longer than routine processing time, and a favourable outcome is not guaranteed. A lot can depend on the individual PR's situation and background. For some, the prudent thing to do is to stay put once back in Canada and not apply for anything with IRCC until in compliance with the obligation to spend 730 days in Canada within five years.

Overall reminder: any PR in breach of the PR RO, or even close to being in breach, should return to and stay in Canada as soon as possible. The sooner the better. While technically being in breach of the PR RO is, itself, the main factor, beyond that how much in breach looms very, very large. And make no mistake, the failure to meet the PR RO is a breach. H&C reasons do not mean there was no breach. H&C reasons are merely considered to determine if in all the circumstances, IRCC will exercise its discretion to waive the breach.