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Renew PR card after entering Сanada with PRTD for H&C reason

Father2020

Full Member
Sep 30, 2020
25
9
Dear members, please adviсe me whether I can receive a new PR card after entering Canada with PRTD for H&C reason or I have to wait until I will meet PR time obligations? (I mean 2 years from the 5 at the moment of applying)
Thank you in advance!
 

bluffmaster88

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Jun 5, 2015
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Dear members, please adviсe me whether I can receive a new PR card after entering Canada with PRTD for H&C reason or I have to wait until I will meet PR time obligations? (I mean 2 years from the 5 at the moment of applying)
Thank you in advance!
You have to wait until you meet Residency Obligation.
 

IndianBos

Hero Member
Oct 8, 2014
306
137
Toronto, Canada
Category........
FSW
Visa Office......
CPC-O
NOC Code......
2174
App. Filed.......
19-Jun-2014
Nomination.....
16-Oct-2014
File Transfer...
11-Dec-2014
Med's Request
24-Apr-2015 (Delayed for adding a child)
Med's Done....
9-May-2015 (Updated 29-May-2015)
Interview........
N/A
Passport Req..
17-Jun-2015 (mailed 29-June-2015)
VISA ISSUED...
11-Jul-2015
LANDED..........
7-Sep-2015
Dear members, please adviсe me whether I can receive a new PR card after entering Canada with PRTD for H&C reason or I have to wait until I will meet PR time obligations? (I mean 2 years from the 5 at the moment of applying)
Thank you in advance!
You must avoid any interaction with IRCC till you are compliant with the Residency Obligations. It means no PR card renewal, no sponsorship of dependants and no travel outside the country.
 

BOYX

Hero Member
May 5, 2017
436
221
Toronto, ON
Dear members, please adviсe me whether I can receive a new PR card after entering Canada with PRTD for H&C reason or I have to wait until I will meet PR time obligations? (I mean 2 years from the 5 at the moment of applying)
Thank you in advance!
I remember your situation. Very similar to a family friend of mine. They also got approved for a PRTD on H&C grounds. Upon arriving, they applied for the PR card and had it in their hands within 4 months.

Your case is very different from what the above commenters are giving suggestions for. You weren’t waved through at the border - you had a determination made on your PR status. A side note: three years ago (when I applied on H&C grounds), this forum was very careful about this distinction.

You can see what I mean by looking at section 7.7 of ENF-23:

The effect of a recently made favourable humanitarian and compassionate decision

Officers will sometimes make residency determinations for permanent residents who were the subject of favourable decisions under A28(2)(c) for humanitarian and compassionate reasons in the recent past, either by an officer or the Immigration Appeal Division of the IRB. In this situation, officers are required to exercise their statutory authority and render independent decisions. However, officers should be mindful that the intent of the legislation was to enable persons to retain permanent resident status where it is determined that, having regard to all circumstances, retention of status is warranted. Therefore, unless circumstances have changed significantly or new information is available, it would not be consistent with the intent of the legislation for these clients to receive a negative determination.

Since you already got approved for a PRTD on H&C grounds, this means you have already had a determination made on your PR status on H&C grounds. When the IRCC officer goes through your file, they will see this determination on your GCMS (Global Case Management System) Notes. You can request these notes to know what I mean. The officers know the law and unless something has severely changed (e.g you lied and they found out), then you’re a-ok.

I am not a lawyer, however. Neither are most people on this forum. So take any suggestions here with a grain of salt. Consult with a lawyer to be sure of what is the best for you.
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,768
If your PRTD has been approved by IRCC yes you can apply for a new PR card right away but it will be very important to remain compliant with your PR. To remain compliant you need to meet the 730 days out of 5 years on any day so if you leave during the first 2 years (minus the time you spent in Canada over the past 5 years) you will be out of status again. What code do you have on your PRTD?
 
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Father2020

Full Member
Sep 30, 2020
25
9
BOYX, thank you for detailed answer!
Do I undertand correct that even with the new PR card I will have to stay in Canada 730 days before I can travel outside?
 

BOYX

Hero Member
May 5, 2017
436
221
Toronto, ON
BOYX, thank you for detailed answer!
Do I undertand correct that even with the new PR card I will have to stay in Canada 730 days before I can travel outside?
No, once you get your PR card you are free to travel as you please. You must still maintain the 730 days but you do not have to carry them out consecutively.
 

IndianBos

Hero Member
Oct 8, 2014
306
137
Toronto, Canada
Category........
FSW
Visa Office......
CPC-O
NOC Code......
2174
App. Filed.......
19-Jun-2014
Nomination.....
16-Oct-2014
File Transfer...
11-Dec-2014
Med's Request
24-Apr-2015 (Delayed for adding a child)
Med's Done....
9-May-2015 (Updated 29-May-2015)
Interview........
N/A
Passport Req..
17-Jun-2015 (mailed 29-June-2015)
VISA ISSUED...
11-Jul-2015
LANDED..........
7-Sep-2015
No, once you get your PR card you are free to travel as you please. You must still maintain the 730 days but you do not have to carry them out consecutively.
I think he has to maintain RO at every interaction with CBSA or IRCC.
 

primaprime

VIP Member
Apr 6, 2019
3,390
883
I think he has to maintain RO at every interaction with CBSA or IRCC.
It's a bit of a grey area. Successfully retaining PR status on H&C grounds is obviously not a lifetime get out of jail free card, but neither is it strictly good for one entry only.

While someone still technically has to meet their RO every time they interact with IRCC or the CBSA, as previously noted, if they were recently issued a PRTD or otherwise permitted to keep their status on H&C grounds, officers are meant to use their discretion unless the PR's circumstances have significantly changed. It wouldn't be reasonable to effectively ban them from international travel for two years, even after they successfully went through the proper legal process.

The question then becomes what constitutes a "significant" change, and a "recent" favourable H&C finding. That is where OP should probably exercise caution, and avoid any unnecessary lengthy absences from Canada.
 

BOYX

Hero Member
May 5, 2017
436
221
Toronto, ON
I think he has to maintain RO at every interaction with CBSA or IRCC.
It is not that simple: it very much depends on the extend of OP's travel. @primaprime covers it perfectly, however I believe it is fruitful to bring in real life experience to the conversation:

In the process of going a H&C case myself, I connected with many members in the community who also had went through OR were going through maintaining their PR Status on H&C grounds. I learned that once you receive your PR card, unless you are spending the majority of your time OUTSIDE of Canada, travelling is a non-issue. So for instance, a family friend with a positive H&C case would travel every winter & every summer. They have never faced any issues at the border despite failing to meet their RO. A few other acquaintances have concurred the same - they would get the usual "What's your occupation?" type question, but otherwise, would be allowed through without a word.

From my understanding, the reason for the above is twofold:
  1. The present officer has access to all the individual's GCMS notes. These notes will indicate that the individual has had a determination made on their status by a senior IRCC official. The above snippet of the legislation I mentioned does not allow an officer to make repeated determinations on an individual's status unless there is suspicion for a change in circumstances.
  2. If there is a reason for suspicion, my understanding is that the individual will be called into secondary and a ranking officer will investigate the matter further. This point is significantly important since not every officer has the authorization to make a determination on your status. If not officially, the practise seems to be the case de facto, in particular with H&C cases. Therefore, there needs to be sufficient suspicion not only because the law indicates it but also because the time of a ranking officer is being utilized.
Of course, as @primaprime correctly pointed out, it is not very clear what is encompassed by "grounds for suspicion". However, it wouldn't be crazy to say that the occasional vacation is fine. It would be strange to be sent to secondary because you had a 2-week winter vacation to the Bahamas. Prolonged absences in the order of 6 months+ (i.e enough to be considered non-resident for tax purposes), would likely be suspicious. One would be prudent to ready good reasoning for such a lengthy absence.
And as always, only lawyers can provide the best answer for the above. They not only have inside-out knowledge of the law, but also have significant experience via working with many, many cases on the matter. Unfortunately I am not one (yet), so take my insight with a grain of salt. If within accessibility, I cannot recommend lawyers enough.
 
Last edited:

Father2020

Full Member
Sep 30, 2020
25
9
BOYX, thanks a lot for sharing experience!)

Now I have about 500 days in the previously 5 years. And I will have 730 days only in July 2022, because the most time I was in Canada in 2015- 2017 and these days are burning out simultaneously with the accumulation of a new days.

Coulld you please give me your opinion for two options which I am considering now:

1. If I plan to visit my mom next summer for 30 days and I will have less than 730 days before leaving Canada, will I have troubles to entering back?

2. If leave Canada with my 15 years old son which have Canadien passport for visiting my mother and his grandmom for the summer 2021 will it help me to go back Canada with my son?

Dear members, thank you very much for you time and opinions!
 

BOYX

Hero Member
May 5, 2017
436
221
Toronto, ON
BOYX, thanks a lot for sharing experience!)

Now I have about 500 days in the previously 5 years. And I will have 730 days only in July 2022, because the most time I was in Canada in 2015- 2017 and these days are burning out simultaneously with the accumulation of a new days.

Coulld you please give me your opinion for two options which I am considering now:

1. If I plan to visit my mom next summer for 30 days and I will have less than 730 days before leaving Canada, will I have troubles to entering back?

2. If leave Canada with my 15 years old son which have Canadien passport for visiting my mother and his grandmom for the summer 2021 will it help me to go back Canada with my son?

Dear members, thank you very much for you time and opinions!
Of course!

Regarding your first question, I do not think it should be an issue if it is a matter of 30 days. Anything longer will be risky. I recommend you limit travel as much as possible up until the 730 days are met.

As for your second question, I don't think it will hurt you. It could potentially help you, but then again, I cannot see you facing any issues when entering Canada if you leave only for 30 days. Even though you are currently in violation of the RO, the officers will both see the H&C determination on your PR status and notice that you still have sufficient amount of time to meet the RO given how far off your future PR card will expire.
 

Father2020

Full Member
Sep 30, 2020
25
9
As for your second question, I don't think it will hurt you. It could potentially help you, but then again, I cannot see you facing any issues when entering Canada if you leave only for 30 days. Even though you are currently in violation of the RO, the officers will both see the H&C determination on your PR status and notice that you still have sufficient amount of time to meet the RO given how far off your future PR card will expire.
For the secont option my point was that time travelling with my child which is canada citizen will be count as I would be stay in canada.