My family's PR cards (me, spouse and kid) are expiring in Dec 2026, we were given positive outcome on report for not meeting the RO, report was not filled and based on H&C grounds officer cleared our H&C approval and issued us PRD letters. When should we apply for the PR cards renewal provided current card is expiring in Dec.
Safest approach is to wait to apply for a new PR card
ONLY when in compliance with the RO.
That said, for a PR who has established longterm in-fact residence in Canada, and is staying here, it might be OK to make a PR card application even before staying long enough to be in compliance with the RO. This is only true for
some PRs (only some, depending on the particular facts in their individual situation), again only if they are settled and living in Canada. Thus, for some it can be relatively safe to apply for a new PR card after a positive H&C
adjudication (such as a visa office decision approving a PR Travel Document application, or a decision by a Minister's Delegate setting aside a 44(1) Report).
It is important that the H&C decision is the result of a formal adjudication (not just waived through a PoE for example). Again, that would one of the following:
-- visa office decision approving a PR Travel Document application, or
-- a decision by a Minister's Delegate setting aside a Removal/Departure Order (following hearing on a 44(1) Report), or
-- an IAD decision setting aside a decision denying a PR TD or setting aside a Removal/Departure Order
Anyone considering making a PR card application relying on H&C relief (not staying and waiting until they are in RO compliance), including a PR who has benefitted from a favourable H&C decision, should be settled, living, and staying in Canada before making the application, and
continuing to stay . . . continuing to stay until they are in compliance with the RO even if they are issued a new PR card (remember, a new PR card does
NOT restart the RO clock).
In the meantime . . .
Take care of any business requiring a PR card before the cards expire, such as applying for or renewing provincial health care insurance or drivers' licenses. There is no other need to have a currently valid PR card except for travel to Canada on commercial transport (mostly air travel to Canada), which a PR should not do unless they are in compliance with the RO.
There is no need to rush getting a new PR card (and, in any event, for any PR who is not in compliance with the RO, that makes the card application complex and IRCC is not likely to rush sending a new card no matter how strong their H&C case is) . . .
. . . that is, no rush unless you are not currently settled in Canada, or you have not yet come here to stay, in which case there is a bit of a rush to do that, at the least to get here to stay.
Remember, H&C relief is never prospective. A favourable H&C decision does not protect a non-compliant PR from future RO enforcement if the PR leaves Canada again. Until you are in compliance with the RO it would be foolish to leave Canada and test the reception at the border or airport when you next return. So, to be clear, if keeping Canadian PR status is important to you,
do not leave Canada until you are in compliance with the RO.
Even if you are issued new PR cards, remember it would still be foolish (that is, taking an unnecessary risk) to leave Canada until you are in compliance with the RO. (Again, a favourable H&C decision does not protect a PR from future RO enforcement.)
