My PR card has just expired and I am back in Canada. I need to renew my PR Card but I didn't stay in Canada long enough with 73 days short from the required 730 days in Canada over the past 5 years. The problem is my grandfather is gravely ill and I need to go back to my home country for this reason. Therefore, I want to apply for a PR card renewal under Humanitarian and Compassionate ground. However, as an alternative, if I remained in Canada for another 5 months, I would be able to meet the residency obligation. My question is should I apply for PR card renewal under H&C and what if my applicatino is refused? Can I still remain in Canada and wait until I accumulate enough residency days and re-apply for PR card?
It's always safer to apply once you have met the Residency Obligation.
You have a difficult choice to make, but in my humble opinion...being short of the R.O. by only 73 days and with the dire situation that you are facing with your grandfather, I would like to think that you would have a reasonable case for a PRTD H&C application. It appears that Canada is now allowing for a PRTD application to be submitted from Canada, but there's no change to the language from IRCC (officially) to confirm this.
If you can return to Canada via the U.S. and could then enter Canada at a land border (PoE), you would not be denied entry because of your expired PR Card. A valid PR Card is only a requirement for a commercial carrier, NOT CBSA. It is, of course, the best evidence, but all the officer needs to find is something (like your expired PR card) that shows you are a PR.
You would need to remain in Canada until you have met the 730 day requirement (plus some extra days as a buffer) to then apply for the renewed PR card without the need for H&C .
Good luck!
