Shabnam Akrami Blogs
PR Card Renewal with Humanitarian and Compassionate Grounds
Application for Permanent Resident Renewal without meeting the Residency Requirement
Do you need to apply to renew your permanent resident card but do not meet the residency requirements? Depending on the reason why you were not able to meet the residency requirement, you may still be eligible to apply to renew your card. In this blog, we will go over the application process for renewing your permanent residence card, the residency requirement and the options available to those who may not meet the residency requirement.
Residency Requirement and the Application Process for a Permanent Residence Card Renewal
Your permanent residence card is an important document for travel. It allows you to travel and re-enter Canada by air, bus, car, train or bus. Therefore, it is important to maintain its validity by renewing it before it expires. One of the requirements for renewing your expired permanent resident card is the residency requirement. In order to meet the residency requirement, the applicant must reside in Canada for at least two years out of the five years prior to the date of submitting the application for a renewal.
In the case of individuals who do not meet the residency requirement because they lived outside of Canada for longer than the required two years, such individuals may be able to request an exemption from the residency requirement on humanitarian and compassionate grounds. The applicant will be required to demonstrate to the reviewing Officer that there are compelling reasons for not meeting their residency requirement. The Officer has the authorized discretion to refuse or approve the application after reviewing the humanitarian and compassionate factors and support documents.
Compelling Reasons for not meeting Residency Requirement for Permanent Residency Card Renewal
An applicant may have compelling reason as to why he or she was unable to meet the residency requirement. For example, an individual who had to leave Canada to take care of a sick family member for an extended period may not be able to meet the residency requirement. Such a situation will be more compelling as compared to an individual who simply landed in Canada and returned to their home country to only come back when it was time to renew his or her permanent residence card. In this case, having a compelling reason and providing proof as to why you could not meet the residency requirement is important.
Humanitarian and Compassionate Factors for Permanent Residence Card Renewals Where Applicant Does Not Meet the Residency Requirement
Under the immigration regulations, individuals looking to request an exemption from the residency requirement can request the officer to consider the following humanitarian and compassionate factors:
1. Establishment in and outside Canada
2. Best interest of the child in Canada
3. Unusual and undeserving hardship
1. Establishment in and Outside Canada
Applicants can show that they have maintained their ties to Canada while they were living outside of Canada. This can be shown through factors such as economic ties, social ties, property or family. The applicant will need to show that despite being outside of Canada for such as extended time, for all intents and purposes, Canada is still their primary residence. In this case, the more ties you have to Canada and the lesser of your ties outside of Canada, the better.
2. Best Interests of the Child
Applicants can present humanitarian and compassionate factors to the officer relating to the best interests of any child who will be affected by the officer’s decision. The child can be either a Canadian-born or foreign-born child within or outside Canada.
The Applicant does not need to be the parent of the child, however, there must be some form of relationship between the child and the applicant. Although the officer may assess the best interests of the child where evidence shows that a child will be impacted by the application’s outcome, it is also up to the applicant to demonstrate that the officer’s decision will impact the child emotionally, socially, or culturally. Some of the factors the officer will look for is whether this child has any established ties to Canada, their home country and any other impact they may experience if the applicant was to be refused a renewal.
3. Unusual and Undeserving Hardship
Applicants can also demonstrate through their application that if refused, they will face unusual and undeserving hardship. The hardship experienced must be disproportionate hardship and it must be due to circumstances beyond the applicant’s control. In all cases, the applicant must provide enough evidence to support their claims of unusual and undeserving hardship.
The officer has the obligation to review the entire application and will make a determination based on what is presented.
Contact Akrami & Associates
Permanent residence card renewals are not easy applications. For those who do not meet the residency requirements, the application process is not only more difficult but the likelihood for a refusal also increases. Humanitarian and compassionate grounds applications are approved on a case by case basis and decisions are made under the officer’s discretion. In this case, approval rates for such applications are very low. At Akrami & Associates, we have assisted many of our clients who did not meet the residency requirements to apply for a permanent residence card renewal and get an approval. In this case, knowing the humanitarian and compassionate factors that can save your application and how to properly present your case is key. If you would like to have your situation assessed to determine whether your case can qualify for this type of application, contact us at 416-477-2545 for a consultation with one of our immigration law professionals. Always remember that at Akrami & Associates, there is always a way.