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PRTD Expiration and Humanitarian Grounds

CanuckBoy

Star Member
Jun 11, 2009
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Hello,

Quick synopsis - married in 2007, sponsored my wife for PR which was granted and two months afterwards was offered a role in SE Asia where I continue to work. Since my wifes original PR card is expired, we have returned to Canada every 1-2 years and she's been granted a PRTD (since technically we need to be back in Canada for her to get a new card.

When the pandemic started to get very bad here around July, we applied for a PRTD for her so we could get to Canada as at that point the case count was fairly low in comparison. The plan was to head back in the fall, apply for her new card and wait it out indefinitely (my job is pretty flexible and supportive and able to work remotely).
Since then the pandemic cases went up significantly in Canada so we've kicked the can down the road, especially with the new variants. It is obviously also a risk for us (and two kids) to fly back on a 14 hour flight and risk of virus exposure in transit.

She's been granted multiple PRTD's over last decade and originally they were multiple-year but no single year. We were flagged by immigration on the trip last year that it's likely as they are questioning intent to move to Canada and risk of not being granted to further. Explained that we meet the parameters to retain status as she is with me while employed out of Canada but it was concerning.

Which brings us to now ... the question is if we deem it is not safe to fly this year and her PRTD lapses, unused, what is the risk that another one will not be granted? I know there is space for humanitarian grounds on the form and surely this would qualify? Unless we can get vaccinated here before August (which is very unlikely), I'm concerned about forcing all of us to fly.

Any idea/suggestions/feedback is appreciated.
 

armoured

VIP Member
Feb 1, 2015
15,446
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Which brings us to now ... the question is if we deem it is not safe to fly this year and her PRTD lapses, unused, what is the risk that another one will not be granted? I know there is space for humanitarian grounds on the form and surely this would qualify? Unless we can get vaccinated here before August (which is very unlikely), I'm concerned about forcing all of us to fly.
I don't see an obvious reason why you would need to ask for humanitarian grounds or consideration - just apply for another PRTD. It's possible given the comment on last entry a new application will get more scrutiny.

I don't know what can be said at this point about the 'questioning intent to move to Canada' - it's a complicated topic that I expect can't be resolved until you apply for a new PRTD and see what happens.

Given this, it would be preferable if you could return to Canada during the validity of current PRTD. But it's not even clear to me that this would resolve any issues, since it sounds unlikely you'll remain long enough for her to become compliant with RO.

[I think the issue with intent to move to Canada is whether you factually, permanently reside there - and hence your spouse also - after 13 years away, and her PR status is effectively a back-up. Arguably not the intent of the original provision, even if they accepted your previous applications. I'm not taking any position and don't pretend to understand how they'd decide your case or what may happen, just providing a hint of what appears to be the context.]
 

CanuckBoy

Star Member
Jun 11, 2009
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Ok thanks this helps - I guess I was primarily wondering if not using an issued PRTD would be "held against us" and make it more difficult for another to be issued (or disqualify us) if we decide not safe to travel for now.
 

armoured

VIP Member
Feb 1, 2015
15,446
7,869
Ok thanks this helps - I guess I was primarily wondering if not using an issued PRTD would be "held against us" and make it more difficult for another to be issued (or disqualify us) if we decide not safe to travel for now.
I'm not aware of any direct reason this might be the case. But no claim to expertise on that point.