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What If I Don’t Meet The Residency Requirements When Renewing My PR Card
As long as a permanent resident card is valid the possessor can return to Canada and will be presumed to be a permanent resident on entry.
When it comes time to renew the card, however, a permanent resident must make an application describing their travel history in order to demonstrate that they have met the residency requirement. If the immigration authorities are satisfied that the applicant has met the residency requirement, they will issue a new card valid for a further 5 years.
The processing of P.R. cards can be expedited in the event a permanent resident needs to travel immediately.
If you are do not meet the requirements or your PR Card renewal attempt was denied, here are some options:
Renewing PR Cards on Humanitarian Grounds
In the scenario where a permanent resident needs to renew their P.R. card but has not met the residency requirement, and does not fall into one of the exception categories, the application to renew the card can be made on Humanitarian and Compassionate grounds, by explaining the extenuating circumstances why the permanent resident was not able to meet the residence requirement.
If the immigration authorities are satisfied that there are sufficient Humanitarian and Compassionate grounds to justify renewing the P. R. card, they can renew it even though the permanent resident has not met the residency requirement.
What are Humanitarian & Compassionate grounds?
Humanitarian and Compassionate grounds are mitigating factors that demonstrate the permanent resident has a compelling reason why they were unable to remain in Canada for at least 2 years out of 5.
For example, remaining out of Canada in order to care for an elderly or sick relative could be a humanitarian and compassionate factor. The immigration authorities will also consider the best interests of any child affected by the decision as being a potential humanitarian and compassionate factor.
In each case the individual facts will be considered and the decision-maker will make a subjective judgment as to whether the explanation offered is sufficient to overcome the failure to meet the 2-out-of-5-year residency requirement.
We Can Help Renew your Canadian PR Card
This video explains the PR Card renewal process. Most PR Cards are valid for five years. In order to renew the card, it’s typically recommended that the applicant proves that he or she has been in Canada for a minimum of two out of five years.
A list of all absences must be documented and sent to the Immigration authorities. However, every case is unique. There are always variables to consider. If you fail to meet the residency requirements, there may be certain exceptions you can rely upon.
We specialize in complex cases. If your attempt to renew your PR Card has been rejected, fill out our PR Card Renewal Assessment form.
Here’s how we can help you:
- Formulate a strategy based on your particular circumstances
- Collect and review supporting documentation to sufficiently establish the positive outcome of your case
- Prepare you for any requested interviews
- Provide expert legal submissions in support of your appeal
- Communicate with the immigration authorities on your behalf to ensure you don’t miss anything, which could lead to significant delays
The Immigration Law Firm of Matthew Jeffery has over 20 years of experience and specializes in helping with PR Card renewals with high success rates. Fill out our FREE PR Card Assessment form to see if we are able to assist you.
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