Since I am out of Canada, I will require a PRTD to travel.
I do NOT KNOW what your status is for sure. I am NO expert. And a lot probably depends on how long you have been outside Canada in the meantime. Among other factors.
@BadGamer6 referred to what is probably the biggest factor: "
are you still in breach of your RO (730 days in the past 5 years)?" And vaguely referenced what that might mean: "
If you are, that might be a different story." Oh yes, quite likely a very different story.
I would note, if you are continuing to be in breach of the Residency Obligation, others have already offered some helpful observations in the other part of the forum where your situation was being discussed over the course of the last year, including in particular
@MidoRafa's September 5, 2020 post here:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/pr-renewal-decision-made.685564/page-2#post-8872734
But as of now, again
@BadGamer6 referred to what is probably the biggest factor. In particular, if you have been IN Canada most of the last two years, for example, and only recently left Canada,
@BadGamer6 has covered most of your questions. In particular, if you have been IN Canada more than 730 days within the last five years . . . as of now and as of the date you make an application for a PR Travel Document . . . you should be OK and you would just need to get back to Canada before you are again in breach of the PR Residency Obligation. You will then be able to sort things out, and proceed to obtain the new PR card, once you are back in Canada.
And even if you are somewhat short of having been IN Canada 730 days within the last five years (again, as of now and as of the date you make an application for a PR Travel Document), if you have MOSTLY been in Canada the last couple years you might be OK. In this scenario it can depend on other circumstances in your situation and history. In particular, if you are currently not in compliance with the RO, but fairly close and otherwise have been establishing yourself in Canada the last couple years, it is very difficult to forecast how things will go when you apply for a PR TD or, if you are able to travel via the U.S., you manage to travel via the U.S. and arrive at a land border Port-of-Entry (PoE) into Canada without obtaining a PR TD. You will still be dependent on H&C relief, based on circumstances as of the date you make the PR TD application or the date you arrive at a PoE into Canada.
BUT if you have NOT been in Canada much during the last two years, and are not now in compliance with the RO,
SORRY . . . does NOT look good. . . . although, again, I am NOT sure, I am NO expert, and the current status of things can depend on factors apart from how long you have been outside Canada in the meantime.
Your Personal Safety Net: Since you have a Canadian spouse living in Canada who presumably could sponsor your PR visa application if you lose PR status, you have an option, a safety net, many other PRs do not have. (Note that both citizens and PRs are "Canadians" who can sponsor family class PR visa applications.)
Thus, OVERALL . . . there is such a huge, huge difference in your situation depending on the extent to which you have been IN Canada during the last two years, and on whether you are currently still NOT in compliance with the RO, it would not be fruitful to get into the details without clarification about whether you are currently in breach of the RO, noting that:
-- if you are NOW in compliance with the RO, or at least if you have spent most of the last two years in Canada, things are likely to be OK, you just need to get back to Canada, BUT
-- if you have been outside Canada most of the last two years, it is highly likely your PR status is very much at risk of being lost
-- you likely have a safety net, assuming your Canadian spouse can sponsor you if you lose PR status
Some of the discussion in the other part of this forum warrants an explanation:
When I made my application, I stated everything clearly and truthfully and also the fact that I have not fulfilled the RO. So I presume that they are aware of this right at the inception of processing of my application in May 2019. In such an event, to ask me to prove for fulfillment of RO, either for PRTD or for the card pickup seems somewhat contradictory.
Every day is a DIFFERENT Residency Obligation calculation. The calculation is always based on days in Canada within the five years previous to that day that it is being calculated. Even if the person's status depends on H&C reasons, the H&C evaluation depends on (1) the PRs situation on the particular date that status is being determined, and (2) that includes, especially, how many days the PR has been in Canada, or outside Canada, as of that date. So a calculation based on an examination in September 2020 (let alone 2021) is going be very different from the calculation of RO compliance (including H&C considerations) made based on a PR card application made in May 2019.
Even a PR with a brand new, very recently issued PR card, must still be in compliance with the PR RO going forward . . . and thus the PR with such a new card can be examined upon arrival at a Port-of-Entry when returning to Canada and could be determined to be in breach of the RO if as of THAT DAY, there at the PoE, the PR has not been in Canada at least 730 days within the previous five years, again as of THAT DAY. Or, say, IRCC issued the new PR card and mailed it to your family's home in Canada, and they attempted to mail it to you abroad, but it was lost in the mail. So you had to apply for a PR Travel Document to make the trip back to Canada. To be eligible for a PR TD you would need to show you were in compliance with the RO as of the day you made that PR TD application, or show you had sufficient H&C reasons for keeping PR status, again as of THE DAY the PR TD application is made.
In regards to the particular question you asked, in regards to having to do a personal pick-up to get a newly issued PR card, it is very likely
@MidoRafa was right on point:
. . . they may be trying to give you a chance to prove that you have settled (or are in the process of settling) in Canada instead of denying your application (and proceeding to revoke your status) outright.
Dear All,
I had applied in May 2019 for the renewal of my PR Card. I had not fulfilled the RO, but put in my application as I had certain other possible grounds to request the authorities to consider my case favourably. Seeing a long delay and the online status 'In process', I had enquired quite a few times thru webform. On Sep 2, 2020, I received a response email to my enquiry, that my case for renewal has been considered favourably. The email also mentioned that my case has been chosen for a physical pick-up of the card. It also stated that I will receive a mail/email advising of the documents to be brought by me and the timing by when I may be called. The online status had also changed to 'Decision Made'. Also, I came to know that my file has been transferred to the IRCC Office at Hamilton.
Since that email of Sep 2, 2020, I repeatedly enquired thru webform. So far I have not received anything such as the mail/email that they said that they will send. (referred above). It is more than 12 months since that email of Sep 2, 2020 and about 2.5 years since my application was submitted (May 2019).
My questions are:
Have they really decided to renew my card ?
Will they send the email that they said that they will be advising me of the documents and stpes ?
Or have they misplaced or closed my file without proper intimation to me?
Since I am out of Canada, I will require a PRTD to travel. Should I wait for the email/mail to be received so that it forms the basis for applying for PRTD or can I apply now for PRTD with the risk of it getting rejected ?
I also understand that nowadays only Etobicoke Office of IRCC is open for PR card matters in Ontario. If so, will my file be again transferred to Etobicoke Office and may I be asked to come over there ?
There seems to be too many uncertainties and ifs and buts in my case.
I will be very very thankful for valuable views and suggestions on what I should do now.
Thanks to all in advance.
Chellamani
