PR Card Renewal and Not Meeting Residency Appeal Obligations

Our team of experienced immigration consultants in Edmonton is here to guide you through the process, offering strategic advice on PR card renewals, residency appeals, and permanent resident travel documents (PRTD) for those currently outside Canada.
Call Us At

PR Card Renewal and Not Meeting Residency Appeal Obligations ​

At Immigration Nation – Immigration Consultant Services in Edmonton – Immigration Consultant Services in Edmonton, we understand how important it is for permanent residents (PR) to maintain their residency status in Canada. For those looking to renew their PR card, the process can be straightforward for many, but it becomes challenging when you haven’t met the residency obligations. Failing to meet the minimum residency requirement of 730 days within the last five years can result in the denial of your PR card renewal and potentially lead to the loss of your permanent resident status. However, even if you don’t meet the residency requirements, there are options to appeal this decision on humanitarian and compassionate grounds.

Our team of experienced immigration consultants in Edmonton is here to guide you through the process, offering strategic advice on PR card renewals, residency appeals, and permanent resident travel documents (PRTD) for those currently outside Canada.

 

What is a PR Card and Residency Obligation?

A Permanent Resident (PR) Card is a crucial document that proves your status as a permanent resident in Canada. It is essential for re-entering Canada when traveling outside the country. The card is typically valid for five years and must be renewed before its expiry if you wish to continue traveling freely in and out of Canada.

However, simply holding a valid PR card does not guarantee that you have met the residency obligations required to maintain your permanent resident status. According to Canadian immigration law, you must physically reside in Canada for at least 730 days (approximately two years) within a five-year period. These 730 days do not need to be continuous, and certain time spent outside Canada may still count towards this requirement under specific circumstances.

 

Common Reasons for Failing to Meet the Residency Obligation

Failing to meet the 730-day residency obligation may occur for several reasons, such as:

  • Extended travel or employment abroad: Working for an employer outside Canada, especially if the job is not for a Canadian business or government, may not count towards your residency.
  • Family emergencies: Situations such as caring for a sick relative or dealing with unforeseen family crises may result in long absences.
  • Global events or unforeseen circumstances: Events like the COVID-19 pandemic, natural disasters, or personal crises can lead to an inability to return to Canada within the required timeframe.

If you find yourself in a situation where you haven’t met your residency obligation, all is not lost. You can apply for PR card renewal on humanitarian and compassionate grounds, appealing to immigration authorities to allow you to maintain your PR status despite the shortfall.

 

Humanitarian and Compassionate Grounds for PR Card Renewal

Canadian immigration authorities provide a pathway for individuals who haven’t met their residency requirements to renew their PR cards based on humanitarian and compassionate (H&C) grounds. To succeed with such an application, you must demonstrate that there were compelling reasons beyond your control that prevented you from meeting the 730-day requirement.

Common Humanitarian and Compassionate Grounds

  1. Family Obligations: If you had to stay outside Canada to care for a sick or elderly relative, this could be a valid humanitarian reason.
  2. Employment Obligations: If you were employed outside of Canada by a Canadian company or on a government assignment, this time may count towards your residency requirement.
  3. Medical Emergencies: If you or a close family member faced a significant health crisis that required your presence outside Canada, this can be considered a compassionate ground.
  4. Best Interests of Children: If your absence from Canada directly affects the well-being of a child, this is a strong humanitarian argument. Canadian immigration law places a high priority on decisions that impact the best interests of any children involved.
  5. Global Disruptions: Unexpected global events, such as travel restrictions during the pandemic, can be considered a valid reason for failing to meet the residency obligation.

Our team at Immigration Nation – Immigration Consultant Services in Edmonton can help you prepare a thorough and compelling case by gathering the necessary documentation to support your humanitarian and compassionate grounds, ensuring that every detail is accounted for.

 

PR Card Renewal Application Process for Those Not Meeting Residency Obligation

The process for renewing a PR card when you haven’t met the residency obligation can be complex, especially if you are relying on humanitarian and compassionate grounds. Here’s how we can assist:

  1. Initial Assessment: Our immigration consultants will review your case to determine if you have valid grounds for renewing your PR card despite not meeting the 730-day requirement. We’ll evaluate your travel history, employment records, family situations, and any unforeseen circumstances.
  2. Documentation Collection: We will help you gather all relevant documents that support your claim. This may include:
    • Medical records if the reason for your absence was due to illness.
    • Employment contracts and letters from Canadian employers if your absence was work-related.
    • Personal statements and reference letters from community leaders or family members attesting to your situation.
  3. Application Submission: Our team will prepare and submit a strong application to Immigration, Refugees and Citizenship Canada (IRCC), highlighting your humanitarian and compassionate grounds. We will ensure that all documents are complete, accurate, and submitted within the required timelines.
  4. Legal Representation: If your PR card renewal application is refused, you have the right to appeal the decision. We can represent you in hearings before the Immigration and Refugee Board (IRB).

 

PR Travel Document (PRTD) for Those Outside Canada

If you are outside Canada and your PR card has expired, you may need a Permanent Resident Travel Document (PRTD) to return to Canada. The PRTD serves as temporary proof of your permanent resident status while you make arrangements to renew your PR card. However, if you haven’t met the residency obligations, obtaining a PRTD could be challenging.

In such cases, you can apply for a PRTD using humanitarian and compassionate arguments, similar to those used for a PR card renewal. Our consultants at Immigration Nation – Immigration Consultant Services in Edmonton will guide you through this process, ensuring you have the necessary documentation and a compelling case to support your application.

 

Appealing a PR Status Decision

If your PR card renewal or PRTD application is denied, you may face the risk of losing your permanent resident status. In such cases, you have the right to appeal the decision. At Immigration Nation – Immigration Consultant Services in Edmonton, we have extensive experience handling appeals related to PR status. We can help you file an appeal with the Immigration Appeal Division (IAD) or represent you in Federal Court if necessary.

During the appeal process, we will work with you to:

  • Formulate a strong appeal strategy based on your specific circumstances.
  • Prepare legal submissions that demonstrate why the decision should be reconsidered.
  • Represent you at hearings and ensure that your rights are protected throughout the process.

 

Why Choose Immigration Nation – Immigration Consultant Services in Edmonton for Your PR Card Renewal?

Navigating the PR card renewal process when you haven’t met the residency obligations can be overwhelming, but with Immigration Nation – Immigration Consultant Services in Edmonton on your side, you can rest assured that you’re in capable hands. Our team of professional immigration consultants in Edmonton is dedicated to providing personalized and strategic advice, tailored to your unique situation.

  • Experienced Team: With years of experience in Canadian immigration law, we are well-versed in handling complex PR card renewal and appeal cases.
  • Comprehensive Support: From preparing your initial application to representing you in appeals, we offer full-service support.
  • Success-Oriented: We focus on crafting strong applications and appeals that maximize your chances of success, even in challenging cases.

If you’re facing challenges renewing your PR card due to not meeting residency obligations, contact Immigration Nation – Immigration Consultant Services in Edmonton today for a consultation. We are here to help you maintain your status and stay on the path toward Canadian citizenship.

Let us help you navigate the complexities of Canadian immigration!

Providing The Best Immigration Service In The Market

We Represent You

We Strive For Perfection Through Providing The Best Immigration Consulting Services
Scroll to Top
Contact Us