If I attempt to renew my PR based on Canadian business abroad AND H&C considerations in the same application.
PS: I know H&C cannot stop a removal order.
Question:
1. Can CIC render a decision on just the residency obligation part and not on the H&C part ? How long do such applications take ?
2. What if I have to make a short trip outside the country can I get some special PRTD ?
Reminder: decisions in such cases DEPEND on many additional facts and circumstances.
Any opinion purporting to forecast a probable outcome, let alone a definitive outcome, based on such minimal information is at best a wild
GUESS.
You have been similarly cautioned before, including a particularly direct caution by
@zardoz, going back years.
While there is NO way to proffer any hint of a reliable forecast based on what you posted here, looking at your other posts in conjunction with what is known about these matters generally, KEY factors likely to have much influence in how things go for you include:
As to a PR card application --
-- how long and well settled in Canada you are currently (assuming you are indeed settled and living and working in Canada now)
-- how much actual physical presence you have in Canada in last five years as of the day you make the PR card application
-- overall Canadian immigration history
-- viability of claim for credit while working abroad
-- viability of H&C reasons (if you fall short in meeting PR RO based on presence plus any credits for time abroad)
As to availability to obtain a PR Travel Document pending PR card application (no "special" PR TD necessary) all the same factors as relevant to the PR card application, EXCEPT to be assessed as of the date the PR TD application is made. Additional factors include --
-- the nature, purpose, and duration of the absence itself
-- how much longer you have remained in Canada in the meantime
-- peculiarities relative to the specific Visa Office which will process the PR TD application (some Visa Offices appear to take longer and/or pose greater risks)
Somewhat IRONIC notes:
If you make a PR card application and it goes into Secondary Review, which can take as long as a full YEAR (and perhaps longer), there is no temporary, provisional, or special status document available pending the outcome of processing this application. You can, however, still travel abroad, but you would then need to qualify for and be issued a PR Travel Document to return to Canada unless you are able to travel to a land crossing via the U.S.
But if the PR card application is denied, as long as you appeal, and are in Canada, you can apply for and should be issued a special PR card (not a special PR TD but a provisional PR card typically valid for a year at a time while the appeal is pending).
If you go abroad, apply for a PR TD, and it is denied, so long as you have been in Canada within the previous year you will then be eligible for a special PR TD pending the appeal.
RE: "PS: I know H&C cannot stop a removal order."
To be clear, sufficient H&C reasons to allow a PR in breach of the PR Residency Obligation CAN
-- result in a PoE decision to NOT issue a Removal Order, or
-- result in IRCC granting a PR card and NOT issuing a Removal Order
-- result in IAD overruling a Report and Removal Order (thus allowing a PR to retain status)
Additionally, DEPENDING on the grounds and other circumstances, in some cases H&C grounds can also be raised in a pre-removal risk assessment and STOP deportation on a Removal Order.
None of which is to say it is at all easy or likely for any given PR to obtain relief from a breach of the PR RO based on H&C reasons.
