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blaze123

Star Member
Apr 28, 2016
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Hi All,

Need assistance with the following case:

My parents first arrived in Canada on December 4, 2018 for PR landing and stayed for 45 days. They had to return back India as my sister was expecting.
They were not able to travel back in 2020-2023 due to COVID restrictions. In 2023, when things finally settled, they came back to Canada in May and stayed until June 2024.They were able to stay in Canada for 460 days during their 5-year PR period and were unable to complete the residency requirement of being in the country for 730 days. During that time (January 2024 & March 2024) their PR card expired and they had applied for renewal. However unfortunately in June 2024, they had to fly back to India with the application still in progress because my grandmother was hospitalized in critical condition. When her condition got better, they wanted to fly back to Canada, but couldn’t because they did not have a valid PR card and were waiting on the decision for their renewal application.

They received an email from IRCC on February 2025 with the status that stated their PR renewal had been approved on condition that they have to come to collect the renewed PR card from IRCC office in Canada and the email also stated that if they are outside the country then they must apply for a PRTD as they do not possess any other document to travel back to Canada. Also, they received a follow up email in April, 2025, stating to collect the PR Card within 180 days.

They then applied for PRTD explaining the situation along with required documents, letter from IRCC and medical documents of my grandmother however they received reply from IRCC visa officer that they have not demonstrated having been physically present in Canada for a minimum of 730 days within the past five years, or otherwise complied with the residency obligation and are requiring additional information/documents that can convince the visa officer explaining the situation and/or consequences would be if they were to lose your permanent resident status. The visa officer also stated that you may submit new or additional information pertaining to humanitarian and compassionate considerations explaining your situation.

Kindly suggest what additional information/documentation can be given.

Thanks! in advance.
 
Hi All,

Need assistance with the following case:

My parents first arrived in Canada on December 4, 2018 for PR landing and stayed for 45 days. They had to return back India as my sister was expecting.
They were not able to travel back in 2020-2023 due to COVID restrictions. In 2023, when things finally settled, they came back to Canada in May and stayed until June 2024.They were able to stay in Canada for 460 days during their 5-year PR period and were unable to complete the residency requirement of being in the country for 730 days. During that time (January 2024 & March 2024) their PR card expired and they had applied for renewal. However unfortunately in June 2024, they had to fly back to India with the application still in progress because my grandmother was hospitalized in critical condition. When her condition got better, they wanted to fly back to Canada, but couldn’t because they did not have a valid PR card and were waiting on the decision for their renewal application.

They received an email from IRCC on February 2025 with the status that stated their PR renewal had been approved on condition that they have to come to collect the renewed PR card from IRCC office in Canada and the email also stated that if they are outside the country then they must apply for a PRTD as they do not possess any other document to travel back to Canada. Also, they received a follow up email in April, 2025, stating to collect the PR Card within 180 days.

They then applied for PRTD explaining the situation along with required documents, letter from IRCC and medical documents of my grandmother however they received reply from IRCC visa officer that they have not demonstrated having been physically present in Canada for a minimum of 730 days within the past five years, or otherwise complied with the residency obligation and are requiring additional information/documents that can convince the visa officer explaining the situation and/or consequences would be if they were to lose your permanent resident status. The visa officer also stated that you may submit new or additional information pertaining to humanitarian and compassionate considerations explaining your situation.

Kindly suggest what additional information/documentation can be given.

Thanks! in advance.

Could you post the letter without identifying information? This may be PFL. Would suggest hiring a lawyer for your parents best chance at trying to keep their PR. The big issue is that they applied to renew their PR card when they had not met their RO and then they left Canada. Although your parents could not have predicted Covid they chose to return to India because your sister was expecting and remained in India for over a year before Covid became an issue and there were justifiable reasons why they could not travel. They will need to explain why they could not return to Canada. until 2023. Don’t believe there were exit controls and they could have returned to Canada as a PR.
 
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Hi All,

Need assistance with the following case:

My parents first arrived in Canada on December 4, 2018 for PR landing and stayed for 45 days. They had to return back India as my sister was expecting.
They were not able to travel back in 2020-2023 due to COVID restrictions. In 2023, when things finally settled, they came back to Canada in May and stayed until June 2024.They were able to stay in Canada for 460 days during their 5-year PR period and were unable to complete the residency requirement of being in the country for 730 days. During that time (January 2024 & March 2024) their PR card expired and they had applied for renewal. However unfortunately in June 2024, they had to fly back to India with the application still in progress because my grandmother was hospitalized in critical condition. When her condition got better, they wanted to fly back to Canada, but couldn’t because they did not have a valid PR card and were waiting on the decision for their renewal application.

They received an email from IRCC on February 2025 with the status that stated their PR renewal had been approved on condition that they have to come to collect the renewed PR card from IRCC office in Canada and the email also stated that if they are outside the country then they must apply for a PRTD as they do not possess any other document to travel back to Canada. Also, they received a follow up email in April, 2025, stating to collect the PR Card within 180 days.

They then applied for PRTD explaining the situation along with required documents, letter from IRCC and medical documents of my grandmother however they received reply from IRCC visa officer that they have not demonstrated having been physically present in Canada for a minimum of 730 days within the past five years, or otherwise complied with the residency obligation and are requiring additional information/documents that can convince the visa officer explaining the situation and/or consequences would be if they were to lose your permanent resident status. The visa officer also stated that you may submit new or additional information pertaining to humanitarian and compassionate considerations explaining your situation.

Kindly suggest what additional information/documentation can be given.

Thanks! in advance.

Agreed it would be helpful to see the exact text in the PFL.

They need to confirm they don't meet RO and provide more H&C evidence. They should add further evidence to show the grandmother's medical condition and also evidence that there were no other family members in the home county and no one to take care of her. Did they apply for a PRTD to return to Canada as soon as her condition improved? Hopefully so and they should show evidence of this as well. Returning to the home county for the birth of a grandchild won't be considered as an H&C reason for failing to meet RO. The COVID argument is also weak and generally not accepted by IRCC. Travel was possible well before 2023.

When you apply for PR card renewal without meeting the residency obligation and then leave Canada, this significantly increases the risk PR status will be lost. They should be prepared for the possibility that they are going to lose PR status.
 
Returning to the home county for the birth of a grandchild won't be considered as an H&C reason for failing to meet RO. The COVID argument is also weak and generally not accepted by IRCC. Travel was possible well before 2023.
I will repeat what I frequently say: even arguments that people here consider 'weak' should be included, and statements such as 'won't be considered an H&C reason' I don't believe are correct (unless clearly unrelated or fatuous). Arguments are not considered alone, but overall, and must be considered.

They might get little weighting in the consideration by an IRCC officer, sure. But they should still be included.

I'm not saying that this case overall has a lot of merit (in my opinion or otherwise) - but it's not my judgment to make.

And importantly in this case: there were (supposedly) 460 days in Canada. Some of the H&C reasons may be stronger than others - but those minor factors might make the difference. Covid: same thing - correct that there was a period when travel was possible / realistic, but there were some periods where it was severely restricted / not feasible, etc (including widespread public statements by Canadian authorities telling everyone NOT TO TRAVEL); if IRCC gives even partial weight to covid-related, it could make the difference.

But I agree the applicants should also be prepared to lose PR status.
 
Thank you @canuck78 @scylla @armoured for your responses. Please find below the actual PFL text:


This refers to your application for a Permanent Resident Travel Document (PRTD).

Based on the information you provided, I am not satisfied that you have fulfilled your residency obligation as a permanent resident of Canada. Specifically, you have not demonstrated having been physically present in Canada for a minimum of 730 days within the past five years, or otherwise complied with the residency obligation outlined in section 28 of the Immigration and Refugee Protection Act.

Before making a final decision, I am giving you the opportunity to submit additional information and/or documentation that would allay my concerns. You may also submit new or additional information pertaining to humanitarian and compassionate considerations explaining your situation. Please explain what the consequences would be if you were to lose your permanent resident status and, if applicable, include information pertaining to the best interest of any minor child.

Please note that an invitation to take the Oath of Citizenship or an appointment to pick up a permanent resident card are not considered evidence of having complied with the residency obligation for permanent residents.

Please provide the information requested along with new and/or additional information and supporting documentation within 30 days from the date of this message. Any individual attachment can be a maximum of 5 MB; however, the email must be under 20 MB total. The preferred format is PDF, although JPEG, TIFF, DOC, and DOCX formats are also accepted.

Please keep the same subject line when replying to this message (e.g. RE: PRTD application / «Given_Name» «Family_Name» «Application_Num» - Procedural fairness letter) and send your response to IRCC.RROCPRTD-CORRTVRP.IRCC@cic.gc.ca. You may submit scanned copies by email.

Note: All documents must be accompanied by English or French translations. Please also include this message in your submission.

If you do not respond to this message or if your submission does not allay my concerns, your application may be refused.
 
I have nothing to add but would draw attention also to the consequences part (impacts on both the applicants and other Canadian residents, incl minors).