Permanent Residents (PR) of Canada must meet specific residency obligations to maintain their status and renew their PR cards. If obligations are not met, there is a possibility of arguing on humanitarian and compassionate grounds (H&C) considerations.
What Are Residency Obligations for PRs?
Permanent residents of Canada are required to meet certain residency obligations to maintain their status. Specifically, PRs must be physically present in Canada for at least 730 days (2 years) within the last 5 years. These 730 days do not need to be consecutive. Certain absences can count towards residency requirements if:
You are accompanying a Canadian citizen spouse or common-law partner abroad.
You are employed full-time by a Canadian business or the public service of Canada and are assigned a position outside Canada.
You are accompanying a Canadian citizen who is your parent (if you are a child).
How Many Days Do I Have to Remain in Canada to Keep My PR Status?
To comply with the residency obligation provisions under subsection A28(2) of the Immigration and Refugee Protection Act (IRPA), a permanent resident must be physically present in Canada for at least 730 days within 5 years. There are exceptions.
Can I Renew My PR Status If I Did Not Meet the Residency Obligations?
If you have not met the residency obligations, renewing your PR card can be challenging but not impossible. You can apply for renewal and explain why you did not meet the residency requirements. Your application will be reviewed, and a decision will be made based on the information provided and any supporting evidence, including a comprehensive assessment for humanitarian and compassionate relief.
Can I Argue H&C Considerations in Support of the Reasons I Did Not Meet the Residency Obligation?
Yes, you can argue humanitarian and compassionate consideration (H&C) to support your reasons for not meeting the residency obligations.
How H&C Considerations Are Assessed
Immigration officers responsible for evaluating H&C considerations must review all available information thoroughly and individually. Decisions cannot be made based solely on predefined guidelines; each case must be assessed on its unique circumstances. Applicants can submit details of their personal circumstances at any point before a final decision is made on their residency status. Although the application form has a designated section for H&C considerations, there is no fixed format for these submissions.
Factors Considered for H&C Grounds
Officers assess a variety of relevant factors to determine if H&C grounds can justify retaining PR status. They focus on the circumstances and events that led to the failure to meet residency requirements rather than the intent behind them. Additionally, they consider the best interests of any child directly affected by the decision and the degree of hardship that might result from losing PR status.
Extent and Circumstances of Non-Compliance
How much time beyond the allowed three years in the last five-year period was spent outside Canada?
Did a medical condition, either of the applicant or a close family member, necessitate an extended stay outside Canada?
Were alternative arrangements possible? Was staying outside Canada a choice made by the applicant?
Circumstances Beyond the Person’s Control
Were the circumstances that led to staying outside Canada compelling and beyond the applicant’s control?
Was the applicant prevented from returning to Canada? If so, why, and by whom or what event?
Did the applicant leave Canada as a child accompanying a parent? Are they now returning to Canada at the earliest opportunity?
Is the applicant over 22 years old and returning at the earliest opportunity since turning 22?
Does the applicant meet the criteria to be considered a dependent child due to a mental or physical condition, and were they accompanying their parent when they left Canada?
Ties to Canada:
applicants' connections to Canada, such as property ownership, employment, and family members residing in Canada.
Intent to Reside in Canada:
applicants intent to reside in Canada permanently, as demonstrated their actions and plans.
What If I Am Outside of Canada and I Do Not Meet the Residency Obligations?
If you are outside Canada and do not meet the residency obligations, you may face additional challenges, especially for foreign nationals seeking an exemption under humanitarian and compassionate (H&C) grounds. Here are the steps you can take:
Apply for a Permanent Resident Travel Document (PRTD): If you need to return to Canada but do not have a valid PR card, you must apply for a PRTD from a Canadian visa office abroad. In your application, explain why you did not meet the residency requirements and include any H&C considerations.
Submit Detailed Explanations: Provide detailed explanations and supporting documents to justify your absence and demonstrate your intent to comply with residency obligations in the future.
Possible Outcomes: The visa office will review your application and decide whether to issue the PRTD. If denied, you may lose your PR status and need to appeal the decision.
Can CBSA Refuse Entry into Canada If I Do Not Meet Residency Obligations?
Yes, the Canada Border Services Agency (CBSA) can refuse entry into Canada if you do not meet the residency obligations. However, you will generally be allowed to enter Canada to start the appeal process. Here’s what can happen:
Section 44(1) Report: If the CBSA officer determines that you have failed to comply with residency obligations, they can issue a Section 44(1) report, stating that you are inadmissible under s.41(b) of the Immigration and Refugee Protection Act (IRPA) for not complying with conditions outlined in subsection s.27(2).
Right to Appeal: If a decision is made against you, you have the right to appeal to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board. The appeal process allows you to present additional evidence and arguments to support your case.
Temporary Stay in Canada: While awaiting the outcome of the appeal, you are generally allowed to stay in Canada.
Why hire AKM Law as your Immigration Lawyers
Hiring AKM Law for your PR card renewal application on Humanitarian and Compassionate (H&C) grounds offers several key advantages. With extensive experience in handling complex immigration cases, including those based on compassionate grounds, AKM Law provides expert guidance tailored to your unique circumstances. They offer personalized service, ensuring every aspect of your situation is thoroughly examined and effectively presented. Their team helps you gather and organize the necessary documents, crafting persuasive arguments to highlight the legitimacy of your H&C considerations. Navigating the complex application process, AKM Law reduces stress and increases the likelihood of a positive outcome. Should your application be initially refused, they provide strong advocacy and representation in appeals or hearings, ensuring your case is fairly heard. AKM Law keeps you informed throughout the process with clear, timely communication. By hiring AKM Law, you benefit from a dedicated team committed to helping you maintain your permanent resident status in Canada.
