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PR renewal with Humanitarian & Compassionate (H&C) Grounds - 2022

kolorah

Member
Aug 10, 2012
14
2
If you have applied for PR renewal through H&C, you should assume that expedite processing is not possible and your application will take longer to process since you don't meet the residency requirement and have requested H&C consideration.

If your PR card is expired, then you really have two options for entering Canada. The first is to apply for a PR Travel Document from outside of Canada. However this is not guaranteed to work if you don't meet the residency requirement. The other option is to fly to the US and then re-enter Canada through a land border using your expired PR card. Overall, if you are applying to renew your PR card under H&C, it's not recommended to leave Canada.
In case Appeal rejected as not meet the RO on HC ground... Can anyone still cross the land border with expired PR Card ? And appeal on Higher court in Canada?
 

scylla

VIP Member
Jun 8, 2010
92,538
20,360
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
In case Appeal rejected as not meet the RO on HC ground... Can anyone still cross the land border with expired PR Card ? And appeal on Higher court in Canada?
I don't know. If an appeal has been refused then I think that means PR status has been lost. Not sure if a border crossing is possible at that point. I don't know.
 

scylla

VIP Member
Jun 8, 2010
92,538
20,360
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
In case Appeal rejected as not meet the RO on HC ground... Can anyone still cross the land border with expired PR Card ? And appeal on Higher court in Canada?
Follow up question. How long ago was the appeal refused? I assume this was within the last few months?
 

kolorah

Member
Aug 10, 2012
14
2
Follow up question. How long ago was the appeal refused? I assume this was within the last few months?
Thanks for your response.
PRTD Rejected in 2017. Appeal refused by IAD in June 2018. Trust there was one more option to appeal in next level. Please correct me.
 

scylla

VIP Member
Jun 8, 2010
92,538
20,360
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Thanks for your response.
PRTD Rejected in 2017. Appeal refused by IAD in June 2018. Trust there was one more option to appeal in next level. Please correct me.
In my opinion your PR status is long gone. You've waited too long since the last appeal to take any further action. Crossing the border will not be possible since records will show you are no longer a PR.

At this point you should hire an immigration lawyer if you want to see if any further appeals are possible. I don't think they are but a lawyer will be able to confirm.
 

kolorah

Member
Aug 10, 2012
14
2
In my opinion your PR status is long gone. You've waited too long since the last appeal to take any further action. Crossing the border will not be possible since records will show you are no longer a PR.

At this point you should hire an immigration lawyer if you want to see if any further appeals are possible. I don't think they are but a lawyer will be able to confirm.
I have also same thought. I feel the case will strong enough once I am inside the Canada to appeal further. That is why I am thinking to cross the Land Border to take one last chance. In case they report, I will return on the same day. Not sure this idea is feasible or not. Anyway many thanks for your time to write.
 

scylla

VIP Member
Jun 8, 2010
92,538
20,360
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I have also same thought. I feel the case will strong enough once I am inside the Canada to appeal further. That is why I am thinking to cross the Land Border to take one last chance. In case they report, I will return on the same day. Not sure this idea is feasible or not. Anyway many thanks for your time to write.
You're no longer a PR at this point. So I don't see how crossing the border will be possible. CBSA's systems will show you are no longer a PR and require a TRV to enter Canada.
 

kolorah

Member
Aug 10, 2012
14
2
You're no longer a PR at this point. So I don't see how crossing the border will be possible. CBSA's systems will show you are no longer a PR and require a TRV to enter Canada.
Thanks @ Scylla. But surprisingly my TRV was also refused in 2020 on the ground that there was no sufficient proof to return to my Home country. Also my Canadian friend sponsored me and showed sufficient fund.
 

scylla

VIP Member
Jun 8, 2010
92,538
20,360
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Thanks @ Scylla. But surprisingly my TRV was also refused in 2020 on the ground that there was no sufficient proof to return to my Home country. Also my Canadian friend sponsored me and showed sufficient fund.
Your friend should not be sponsoring you. This weakens your application significantly and in my opinion it's no surprise you were refused.

If you want to apply for the TRV again, you need to show your own proof of funds and demonstrate you have enough money to cover your trip to Canada. You must also show evidence of other proof of ties to your home country such as employment, property ownership and other assets.

Your PR status is gone. If you want to become a PR again, you will have to reapply from scratch. There is nothing to appeal at this point. If you get the TRV, the most you can do is come to Canada for a short visit as a tourist.
 

kolorah

Member
Aug 10, 2012
14
2
Your friend should not be sponsoring you. This weakens your application significantly and in my opinion it's no surprise you were refused.

If you want to apply for the TRV again, you need to show your own proof of funds and demonstrate you have enough money to cover your trip to Canada. You must also show evidence of other proof of ties to your home country such as employment, property ownership and other assets.

Your PR status is gone. If you want to become a PR again, you will have to reapply from scratch. There is nothing to appeal at this point. If you get the TRV, the most you can do is come to Canada for a short visit as a tourist.
Appreciate @ Scylla for your time and effort to answer my personal query. Thanks a lot again. I will keep in mind your suggestion and do accordingly in future.
 
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canuck78

VIP Member
Jun 18, 2017
52,959
12,759
Thanks @ Scylla. But surprisingly my TRV was also refused in 2020 on the ground that there was no sufficient proof to return to my Home country. Also my Canadian friend sponsored me and showed sufficient fund.
Had you still been a PR your TRV request would have been denied because you didn’t qualify to apply for a TRV as a PR. The fact that you were able to apply for a TRV confirms that you have lost your PR status.
 

hbc

Member
May 11, 2022
18
0
Hi,
Has anybody applied for PR renewal with Humanitarian & Compassionate (H&C) Grounds due to not meeting residency obligations?
Please share your experience.

I have applied in November 2021 through an immigration lawyer and the application status is still "In Process".

Any idea of a timeline for such applications with H&C grounds?

Thanks!
Did you find any good immigration consultant or lawyer?can you share their contact information?
 

steaky

VIP Member
Nov 11, 2008
14,298
1,628
Job Offer........
Pre-Assessed..
Did you find any good immigration consultant or lawyer?can you share their contact information?
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