Unfortunately, I won't be able to wait the full two years to meet my RO before applying for renewal as I will likely need to return occasionally to the UK (for the same H&C reasons that required me to leave in the first place). This should be no more than twice a year (for a week or two), but I won't be able to stay in Canada for two or two full years without leaving after my arrival.
It seems like the best course of action is to get settled for a few months, speak to an immigration lawyer, and then apply for renewal with my same H&C case.
It appears you have a good grasp of the key considerations, which should help you make decisions involving some degree of risk-assessment.
So this is largely a reminder.
The key factors that will have the most influence if and when your RO compliance is being calculated and you are short (that is, in breach, having fewer than 730 days IN Canada within the previous five years as of the date of the RO compliance calculation), are:
- current presence and settlement IN Canada; the more clearly your current in-fact-residence in Canada is established, the better
- the arithmetic -- how many days IN Canada within the previous five years; the more IN Canada, the fewer outside Canada, the better
So, obviously, the sooner you are actually HERE, that is, IN Canada, and have an established residence here, and especially if you have a job here in Canada, the safer it will be to engage in a transaction which could involve an assessment of your RO compliance. Including making an application for a new PR card.
Given the extent of your presence here within the last five years (which I understand based on posts in the
"Moving Back to Canada but . . . " thread to be at least more than 300 days, as it was 600 days as of mid-February), and as long as you are actually settled and employed here, given the favourable decision in your PR TD application there should be a relatively low or perhaps even a very low risk a PR card application (that includes information supporting H&C relief) will trigger a 44(1) Report . . . . unless you leave Canada for an extended period of time while that application is still pending.
I anticipate that most competent lawyers will recommend waiting to apply for a new PR card, waiting until you are in RO compliance (based on at least 730 days credit for days in Canada within the previous five years; which is something I further address in the topic titled "
Help with PR Card Renewal" Clarification Needed for Sections 3.2 and 3.4 of IMM 5444"), but some may have a more practical understanding and approach that recognizes the range of risks and offer advice accordingly. Be sure to get advice based on a review of YOUR particular facts in detail, not just a free or cursory consultation.
Given the compelling need to travel outside Canada before staying here long enough to be in RO compliance, you may need to make it clear to the lawyer (or lawyers) you consult with that you specifically need help deciding how to best navigate the situation recognizing this. That is, that you understand that as long as you are not yet in RO compliance, the safe approach is to avoid engaging in any transaction that could involve a RO compliance calculation, including a PR card application,
BUT that is not possible given your need to travel.
In effect you are looking for options that have a lower risk.
If you get here (Canada) SOON, and establish a residence here, and begin a job here, within a couple months after settling here the risk of a problem in making a PR card application should be relatively low. But again, be sure to include information in the application supporting H&C relief.
Caveat/Caution:
Intentions, even well-established plans, have a tendency to get blown aside in real life. You have already been there a couple times, looking back at your posts in February in particular. You say, now, your future travel needs will be no more than twice a year, and only be for a week or two. That should not have a big impact on the extent of risk there is to your PR status.
Just as the more you are IN Canada before there is an assessment/calculation of your RO compliance the better your odds, the more you are outside Canada the bigger the risk there is of a RO compliance problem.
