Riasat94 said:
Hi,
I arrived in Canada on August 2013 with a travel document, as my previous PR card expired. It was an H&C consideration although I received a R1 category travel document. I got my PR card renewed. I haven't left Canada since. I have almost stayed here for 2 complete years (it will be 2 years this August 25). Is it a good idea to go to the US for a month now? Planning to go mid July and return in the beginning of September. My PR card is valid till December 2018. Will there be any problems because I haven't lived here for two full years (1 month short)?
To clarify, the validity dates of the PR card are technically
not relevant, but in terms of how things go at the POE, a PR card which is valid, particularly if for a substantial time longer, practically tends to make things go a lot more smoothly, tending to carry with it an informal presumption of meeting PR requirements.
The more technical reason you should have
NO problems is that the H&C determination in the TD application plus subsequent time spent in Canada should resolve any questions about compliance with the PR Residency Obligation.
To put this in perspective, if for example you did not have that favourable H&C decision in your history and you left Canada short of meeting the PR Residency Obligation even by just a month, technically you would be in breach of the PR RO regardless of how long your PR card was valid for. Again, given the still valid for a long while PR card, practically there would be good odds of no problem (absent any flags in FOSS), but you would nonetheless still be in breach of the PR RO and at risk. But the H&C decision has a sort of
res judicata effect unless there is a substantial change in circumstances . . . and since you have remained in Canada in the meantime, there is very little risk of any residency compliance question arising.
By the way, thank you for the report that you were able to obtain a new PR card after returning to Canada based on H&C considerations. There have been other similar anecdotal reports, but neither consistently nor enough in number to confidently rely on them to conclude that CIC does issue a new PR card for those who return to Canada after being issued a TD based on H&C grounds. At the least, your report is further indication this is feasible, perhaps without guarantees, but nonetheless at least some PRs returning with a PR TD based on H&C grounds are being issued new PR cards despite falling short of 730 days presence within the applicable time period.
