RO not met

[dpenabill]

Is these are enough for H&C for granting PRTD?

It cannot be emphasized enough that your best option is to come to Canada BEFORE your PR card expires. If possible. As soon as possible. This would give you the best chance of keeping PR status.

In this regard, it is worth SPECULATING that for a short period of time CBSA PoE officers may not be closely screening returning PRs with valid PR cards, given the covid-19 situation. This is not to suggest some kind of universal amnesty for those who are in breach of the RO, but there are some indications that PoE officials will (1) be largely focused on other concerns, and (2) may be approaching RO enforcement significantly more liberally, perhaps rather generously, during the initial phases following the lifting of travel restrictions.

A big factor in why your odds are so much better if you return to Canada before your PR card expires is that waiting to come beyond then will add considerably to the extent of the breach. Indeed, you will be losing credit for nearly SIX months by the end of February since the days you were in Canada August 2015 to February 2016 will NOT count then because they will not be within the five previous years . . .

. . . Remember, after the fifth year anniversary of your date of landing (apparently in August 2015), your compliance with the RO will be based on a calculation that only counts days within the previous five years . . . as of the day you arrive at a PoE if you come before your PR card expires . . . or as of the day you make a PR TD application.

In terms of weighing your H&C factors and forecasting a result, that is WAY, WAY beyond what anyone in this forum can reasonably offer. As others and I have noted, we can identify the more salient and influential factors, and indicate which way they push things generally. But no one here can reliably state what the actual outcome will be, and this is especially true for at least the next six months to a year given the unpredictability of the covid-19 factor over and above the general unpredictably of H&C cases generally.

If your spouse has been issued a PR visa and actually comes to Canada to settle, your spouse should be able to sponsor you again in the event you are denied a PR Travel Document and lose the appeal (which you might not do if your spouse can proceed to sponsor you once the PR TD is denied and you are no longer a PR).

 

[canuck78]

It cannot be emphasized enough that your best option is to come to Canada BEFORE your PR card expires. If possible. As soon as possible. This would give you the best chance of keeping PR status.

In this regard, it is worth SPECULATING that for a short period of time CBSA PoE officers may not be closely screening returning PRs with valid PR cards, given the covid-19 situation. This is not to suggest some kind of universal amnesty for those who are in breach of the RO, but there are some indications that PoE officials will (1) be largely focused on other concerns, and (2) may be approaching RO enforcement significantly more liberally, perhaps rather generously, during the initial phases following the lifting of travel restrictions.

A big factor in why your odds are so much better if you return to Canada before your PR card expires is that waiting to come beyond then will add considerably to the extent of the breach. Indeed, you will be losing credit for nearly SIX months by the end of February since the days you were in Canada August 2015 to February 2016 will NOT count then because they will not be within the five previous years . . .

. . . Remember, after the fifth year anniversary of your date of landing (apparently in August 2015), your compliance with the RO will be based on a calculation that only counts days within the previous five years . . . as of the day you arrive at a PoE if you come before your PR card expires . . . or as of the day you make a PR TD application.

In terms of weighing your H&C factors and forecasting a result, that is WAY, WAY beyond what anyone in this forum can reasonably offer. As others and I have noted, we can identify the more salient and influential factors, and indicate which way they push things generally. But no one here can reliably state what the actual outcome will be, and this is especially true for at least the next six months to a year given the unpredictability of the covid-19 factor over and above the general unpredictably of H&C cases generally.

If your spouse has been issued a PR visa and actually comes to Canada to settle, your spouse should be able to sponsor you again in the event you are denied a PR Travel Document and lose the appeal (which you might not do if your spouse can proceed to sponsor you once the PR TD is denied and you are no longer a PR).

Pretty sure that it is the ex wife that has PR with the child and applied separately. Not sure if the new wife has PR. Agree that I shouldn't comment on h&c factors but if services are available in Canada like fertility services and going to a fertility clinic is something you plan it isn't something that happens like a severe car accident that will not allow you to leave you home country and seek medical care in Canada. H&C factors are situations that keep you in your country and that could not be possible in Canada.

 

[dpenabill]

Pretty sure that it is the ex wife that has PR with the child and applied separately. Not sure if the new wife has PR. Agree that I shouldn't comment on h&c factors but if services are available in Canada like fertility services and going to a fertility clinic is something you plan it isn't something that happens like a severe car accident that will not allow you to leave you home country and seek medical care in Canada. H&C factors are situations that keep you in your country and that could not be possible in Canada.

Commenting about nature and weight of various H&C factors, generally, can be helpful. Predicting outcomes, that's something else.

And a negative leaning prognosis tends to be a bet with the odds. Most times even the best H&C cases tend to be tricky, and most are rather difficult (but for, as you reference, the more or less blatantly obvious scenario in which a PR cannot physically travel to Canada). Since the RO itself is considered so flexible and generous, which is because it does indeed allow PRs a great of flexibility. After, a PR can remain abroad most of the time and still meet the RO.

I see that references to spouse and child's mother and such are not clear. But looks like you have that figured out. In any event, if current spouse is not someone with PR status, that will not offer the OP an option. Leaving the one best option the same: making the trip to Canada before the PR card expires. And even if the OP does that, the outcome is far from certain . . . that's just the best chance, but the OP is nonetheless badly in breach and after the fifth year anniversary of the date of landing, in August, the extent of the breach will grow bigger as days from 2015 no longer count. So the sooner the better, but far from any guarantees about how it will go.