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Pr card renewal under h&c vs PRTD

malsam84

Member
Jun 30, 2023
14
0
Consclus
If the PRTD is refused, that will trigger the formal loss of your PR status. If that happens but you are able to enter Canada, then you would need to appeal this decision.

There's no clear or easy path here unfortunately and no way to guarantee you'll be able to keep PR.

Ideally you should have remained in Canada after applying to renew your PR card under H&C. That would have been the right and best thing to do. Of course too late now unfortunately.
Conclusion ; In my case , any approach has it own risks ...I assume that probably need to wait till i get a feedback regarding PRTD then figure out.

Thank you very much for your replies ..much appreciated.
 

canuck78

VIP Member
Jun 18, 2017
52,981
12,775
Consclus
Conclusion ; In my case , any approach has it own risks ...I assume that probably need to wait till i get a feedback regarding PRTD then figure out.

Thank you very much for your replies ..much appreciated.
You should not wait until you get a reply when it comes to your PRTD application. You need to provide all the proof you have to show why you haven’t been able to live in Canada and be compliant with your RO in your PRTD application. It doesn’t sound like your application contained proof as to why you didn’t meet RO so I would gather all the evidence you have and update your PRTD application. How much time had you spent in Canada when you applied for a PR card renewal based on H&C? Had you updated your address to indicate that you had left Canada when applying for PR card renewal? Showing that you have committed to life in Canada is often a big factor in PR card renewals based on H&C. How much time have you spent in Canada in the past 5 years as of today? If you are comfortable sharing what is the reason you weren’t able to meet RO and decided to apply for new PR card based on H&C versus waiting until you were compliant with your RO before applying for a new PR card? What is the reason you had to leave Canada after applying for a new PR card? Do you have a history of living in Canada before the most recent 5 year period? Was this your first PR card renewal?
 
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armoured

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Feb 1, 2015
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Yes , ticked h&c box and include only initial explanation letter + IRCc invitation to pick up my pr card!!!
So not sure that i did it right
As others have pointed out: I believe you should add/include COMPLETE documentation to support your H&C case. If you didn't include, send it now.

I presume IRCC would attempt to dig out your PR card app but I would not leave it to that, but send it to them ASAP.

@canuck78 outlined aspects that you want to emphasize in an H&C case - go over what you wrote before and add to/improve it now. Personally I'd also provide info as to why you left and remained abroad for an additional nine months after applying for the PR card renewal (under H&C itself).

Hope it's convincing i.e. that there are good reasons for both the initial H&C and the last nine months.

Too late now but as noted - you really would have been better to have remained in Canada or to have at least returned while your card was valid.
 

malsam84

Member
Jun 30, 2023
14
0
You should not wait until you get a reply when it comes to your PRTD application. You need to provide all the proof you have to show why you haven’t been able to live in Canada and be compliant with your RO in your PRTD application. It doesn’t sound like your application contained proof as to why you didn’t meet RO so I would gather all the evidence you have and update your PRTD application. How much time had you spent in Canada when you applied for a PR card renewal based on H&C? Had you updated your address to indicate that you had left Canada when applying for PR card renewal? Showing that you have committed to life in Canada is often a big factor in PR card renewals based on H&C. How much time have you spent in Canada in the past 5 years as of today? If you are comfortable sharing what is the reason you weren’t able to meet RO and decided to apply for new PR card based on H&C versus waiting until you were compliant with your RO before applying for a new PR card? What is the reason you had to leave Canada after applying for a new PR card? Do you have a history of living in Canada before the most recent 5 year period? Was this your first PR card renewal?
Thanks for your inputs.
Based on my pr card renewal under H&C, proof that ive provided seems accepted by IRcc (legal procedure in my home country, covid...).
I was obliged to leave canada after my application (family obligation) and couldnt go back before pr card expiry date. For information i habe a gap of 8 months since i applied for PR card renewal under H&C and i dont know if now i need to share any justifications when i applied for PRTD H&C - just shared initial explanation letter+ ircc notification to pick up my new PR card-.
Also and per feedbacks received here...it will probably take more than 6 months to get an answer on PRTD...so most likely my chances to get back in canada ontime are low!!
What is sure is no one has the answer
 

malsam84

Member
Jun 30, 2023
14
0
As others have pointed out: I believe you should add/include COMPLETE documentation to support your H&C case. If you didn't include, send it now.

I presume IRCC would attempt to dig out your PR card app but I would not leave it to that, but send it to them ASAP.

@canuck78 outlined aspects that you want to emphasize in an H&C case - go over what you wrote before and add to/improve it now. Personally I'd also provide info as to why you left and remained abroad for an additional nine months after applying for the PR card renewal (under H&C itself).

Hope it's convincing i.e. that there are good reasons for both the initial H&C and the last nine months.

Too late now but as noted - you really would have been better to have remained in Canada or to have at least returned while your card was valid.
To summerize;
1- Improve and add additionnal info regarding the gap of last months.
2- try to get a US visa asap and cross border cancel PRTD H&C application..is it feasable?!
Thanks
 

canuck78

VIP Member
Jun 18, 2017
52,981
12,775
To summerize;
1- Improve and add additionnal info regarding the gap of last months.
2- try to get a US visa asap and cross border cancel PRTD H&C application..is it feasable?!
Thanks
1. You need to provide proof of H&C reasons why you haven’t met your RO not just for the past 8 months. You have to show why you were not able to meet RO since 2014 but especially for the past 5 years and why you had to leave after submitting your PR card renewal. The extent to which you ever established a life in Canada and what would the repercussions of losing PR would be to your life. For example if you have spent the majority of your time in your home country after receiving PR how would losing PR impact your life and have you established a life in another country? Were you a minor during your stay in Canada? Are you under 22? If there was a family obligation like a family member who has cancer you would need to provide proof of hospitalization, treatment, prognosis, proof that no other family member is available to care for the person in the home country, etc.
2. You can attempt to get a US visa. There are first no guarantees you will be approved and you will need an interview and throughout the world it is taking around a year to get an interview so you would need to get lucky and find a cancellation. PRTD based on H&C application often take 6-12 months to be processed so there are no guarantees that you’ll be able to return to Canada at all and especially within the next 180 days.

Would add that when you are required to pick up a PR card you go through a mini interview and a new PR card is not guaranteed. Things that are examined are whether you have established a life in a Canada, whether you remain compliant with your RO, if you have proof that you still have H&C considerations that have made you unable to return to Canada, how much time you have spent in a Canada, etc. In general most who apply for PR card renewal based on H&C have returned to Canada permanently to settle and applying is still relatively rare. Most who have not met their RO remain in Canada until their meet their RO and then apply for PR card renewal.
 
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malsam84

Member
Jun 30, 2023
14
0
1. You need to provide proof of H&C reasons why you haven’t met your RO not just for the past 8 months. You have to show why you were not able to meet RO since 2014 but especially for the past 5 years and why you had to leave after submitting your PR card renewal. The extent to which you ever established a life in Canada and what would the repercussions of losing PR would be to your life. For example if you have spent the majority of your time in your home country after receiving PR how would losing PR impact your life and have you established a life in another country? Were you a minor during your stay in Canada? Are you under 22? If there was a family obligation like a family member who has cancer you would need to provide proof of hospitalization, treatment, prognosis, proof that no other family member is available to care for the person in the home country, etc.
2. You can attempt to get a US visa. There are first no guarantees you will be approved and you will need an interview and throughout the world it is taking around a year to get an interview so you would need to get lucky and find a cancellation. PRTD based on H&C application often take 6-12 months to be processed so there are no guarantees that you’ll be able to return to Canada at all and especially within the next 180 days.

Would add that when you are required to pick up a PR card you go through a mini interview and a new PR card is not guaranteed. Things that are examined are whether you have established a life in a Canada, whether you remain compliant with your RO, if you have proof that you still have H&C considerations that have made you unable to return to Canada, how much time you have spent in a Canada, etc. In general most who apply for PR card renewal based on H&C have returned to Canada permanently to settle and applying is still relatively rare. Most who have not met their RO remain in Canada until their meet their RO and then apply for PR card renewal.
Thanks for your inputs.
I will prepare an additionnal explanation letter then wait and see.
If there is a positive feedback ill be happy otherwise ...ill wait 6 months and start a new entry express application....just tired to go through any additionnal appeals which will take months/years.

Thanks again!
 

armoured

VIP Member
Feb 1, 2015
15,534
7,912
1- Improve and add additionnal info regarding the gap of last months.
2- try to get a US visa asap and cross border cancel PRTD H&C application..is it feasable?!
1. Yes. See other comments on this. I'd not just 'add' but write it as from scratch and do the best job possible, but it's up to you how to approach.
2. Sure, apply for US visa. When you get it, then decide about how to proceed based on situation then. Not a given you will get it or in which timeframe if you do, so circumstances at that point cannot be known now. Worry about what to do when you get the US visa later.
 
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