PR Card Renewal based on H&C?

[sammy123]

I am PR not meeting RO by 4 months. I became landed on May 2011, left Canada on Dec 2012. Ever since I have been out of country. I have had full time employment in Canada. The problem is I am out of Canada and want to enter the country after everything has settled.My PR expired on June 2016

I recently consulted one of the lawyers and immigration consultant charged hefty fees. I wanted to know if it would be better to revoke and reapply for PR or renew based on H&C condition? She told me I did not have enough points to quickly go through the Express format suggested me to appeal. She suggested that we can apply for PR renewal based on H&C from outside the country (for 4500 dollars). How valid is this?

i,Can I apply for PRTD then get denied based on this can I appeal? Or is it possible to directly apply for PR renewal based via lawyer and appeal for renewal? Would love your advice.

ii, Is it possibel to enter Canada with expired PR and get reported then appeal for removal order Would that be faster as I have seen appeal for PRTD refusal is taking 3.5 years!

Can you help in steps I will have to take? Thanks in advance.

 

[dpenabill]

I am PR not meeting RO by 4 months. I became landed on May 2011, left Canada on Dec 2012. Ever since I have been out of country. I have had full time employment in Canada. The problem is I am out of Canada and want to enter the country after everything has settled.My PR expired on June 2016

I recently consulted one of the lawyers and immigration consultant charged hefty fees. I wanted to know if it would be better to revoke and reapply for PR or renew based on H&C condition? She told me I did not have enough points to quickly go through the Express format suggested me to appeal. She suggested that we can apply for PR renewal based on H&C from outside the country (for 4500 dollars). How valid is this?

i,Can I apply for PRTD then get denied based on this can I appeal? Or is it possible to directly apply for PR renewal based via lawyer and appeal for renewal? Would love your advice.

ii, Is it possibel to enter Canada with expired PR and get reported then appeal for removal order Would that be faster as I have seen appeal for PRTD refusal is taking 3.5 years!

Can you help in steps I will have to take? Thanks in advance.

How to best approach your situation is complicated and dependent on the specifics of your situation, far more details than you should share in an open forum like this, too many details with wide ranging implications for anyone here to offer anything like reliable advice about what you should do.

I can offer some observations.

If you have been outside Canada since December 2012, you are significantly more than four months in breach of the PR Residency Obligation. You are at least 213 or more days in breach. (You calculate your compliance with the PR RO by counting number of days in Canada between today, August 1, 2016, and August 1, 2011, that is, within the last five years. So, for each day more you are outside Canada, you will be that much more in breach -- calculation always counts the five years before as of the day the calculation is made.)

It is not likely that applying for a new PR card while you are outside Canada is a realistic option. That is likely to invite worst case scenarios.

While how things go, and a big factor in how you should approach things, is the strength of your H&C reasons, except in some very limited situations the H&C case is very difficult to win . . . best shot at it would be to make the case from within Canada.

As a PR you are entitled to enter Canada . . . if you can physically get to Canada (such as by private vehicle crossing the land border with the the States).

Frankly, unless you can somehow get back to Canada soon, and then stay, the general view does not look favourable. Best case scenario is getting back into Canada without being reported, staying and working for two years, then applying for a new PR card. But odds of being reported at the PoE are probably high. But if you appeal and the appeal takes a long while, and you have some decent H&C reasons, staying in Canada while the appeal is pending could tip the scales favourably.

The longer you are abroad, the worse the odds.

 

[zardoz]

I am PR not meeting RO by 4 months. I became landed on May 2011, left Canada on Dec 2012. Ever since I have been out of country. I have had full time employment in Canada. The problem is I am out of Canada and want to enter the country after everything has settled.My PR expired on June 2016

I recently consulted one of the lawyers and immigration consultant charged hefty fees. I wanted to know if it would be better to revoke and reapply for PR or renew based on H&C condition? She told me I did not have enough points to quickly go through the Express format suggested me to appeal. She suggested that we can apply for PR renewal based on H&C from outside the country (for 4500 dollars). How valid is this?

i,Can I apply for PRTD then get denied based on this can I appeal? Or is it possible to directly apply for PR renewal based via lawyer and appeal for renewal? Would love your advice.

ii, Is it possibel to enter Canada with expired PR and get reported then appeal for removal order Would that be faster as I have seen appeal for PRTD refusal is taking 3.5 years!

Can you help in steps I will have to take? Thanks in advance.

Just one observation. You are missing the residency obligation by a lot more than 4 months. Even if you left on the very last day of December 2012, it is 7 months now and increasing every day. You can only count back 1825 days from the date that you apply for a Travel Document. How many of THOSE days were you present in Canada?

 

[sammy123]

Just one observation. You are missing the residency obligation by a lot more than 4 months. Even if you left on the very last day of December 2012, it is 7 months now and increasing every day. You can only count back 1825 days from the date that you apply for a Travel Document. How many of THOSE days were you present in Canada?

The fact is that I cannot travel back to Canada at the moment but would be ready to go in 6 months time. What is the best case scnario at the moment? Apply for PRTD and appeal or apply for PR card from outside and get rejected?