PR card approved but was told to pick up in person?

[DavEd]

I don't believe that this is the case in this specific instance. The requirement to pick up a renewed PR card in person is fairly routine for applicants who apply from outside Canada. The need for a PRTD and resulting residency examination just seems be a happy coincidence, as the OP doesn't hold a valid PR card at the moment.

There WILL be a residency obligation examination as part of the PRTD process. It's extremely likely that the OP will be denied as a result.

I agree with the second part... the first part though....
If you read ENF 27 section 8.5 is outlines the cases under which applicants may be expected to pick up a PR card in person... and the first one is.... if they are concerns about an applicant’s residency obligation.

Even if applicant is denied a PRTD if they exercise their right of appeal, ENF 27 section 7.3 sub section 3... provides that they be given one so that they can pursue their appeal....

Point of note... A PR remains a PR until their status is revoked by IAD...and have exercised and exhausted their right of appeal....

Without OP revocing their status... a PRTD will be issued .....

 

[Rob_TO]

If OP has been in Canada for at least 1 day in the last 365 days...even if they are denied a PRTD on H&C grounds... then they can be issued one if they intimate to the Consular officer that they wish to appeal the decision....

ENF 27 section 7.3 specifically provides for this....

https://www.canada.ca/content/dam/ircc/migration/ircc/english/resources/manuals/enf/enf27-eng.pdf

That doesn't really help the OP. In this case the PR TD is given only for appeal, the process to terminate PR status has already started. The PR card he had renewed, would be irrelevant at this point. And time spent in Canada would also not count to his residency obligation while waiting for appeal.

And since he said he doesn't have any valid H&C reasons, the chances of an appeal being successful are very slim so there's a good chance he would just end up losing PR status and needing to leave sometime in the future.

 

[fotkifolkslove]

Hi to all,

yes I was in Canada last June july august september 2017 which falls within 365 days. So in case they reject the prtd I am still eligible to get a td? Is this correct?

Also, what makes a strong humanitarian case?
ill family member? Is doctor report required?


Also my son and wife will have to be removed from Canada if they deny my prtd or the negative decision. So the negative decision they take directly affect my son and wife as they are dependent on me. Should I also tell IRCC about this fact? Is this also a kind of compassionate ground and serves the best interest of a child?

 

[Buletruck]

Actually, your wife and child don’t have to be removed, as their residency isn’t in question. That would be your/their choice. You’ve been outside of Canada for an extended period now, so how have they managed without you in Canada during that time? Your reasons need to make sense or they won’t carry any benefit. Besides, if they do report you, it’s probably quicker to renounce and let your wife sponsor you again.
As far as an ill family member, yes you would need medical reports and details of the condition, why you were required to be there, why things have now changed and were there other people who could have provided support other than you.

 

[Rob_TO]

Hi to all,

yes I was in Canada last June july august september 2017 which falls within 365 days. So in case they reject the prtd I am still eligible to get a td? Is this correct?

Also, what makes a strong humanitarian case?
ill family member? Is doctor report required?


Also my son and wife will have to be removed from Canada if they deny my prtd or the negative decision. So the negative decision they take directly affect my son and wife as they are dependent on me. Should I also tell IRCC about this fact? Is this also a kind of compassionate ground and serves the best interest of a child?

Have they been living in Canada for the 4 or so years you were outside Canada?? If so then why weren't they removed from Canada all during this time?

Using an ill family member as an excuse requires doctor/hospital records showing a specific diagnosed illness, and showing it was required you needed to stay with them for the entire duration of time.

As mentioned if your spouse is a citizen or PR that meets the RO, your best option here in case PR TD is denied is NOT to appeal and return to Canada (as the appeal process can take years), but instead accept the termination of your PR status and have your spouse simply apply to sponsor you for PR again.