PR Card Renewal with Humanitarian & Compassionate Ground

PR Card Renewal with Humanitarian & Compassionate Ground

Renew Your PR Card on Humanitarian and Compassionate Grounds

Exploring Options

In situations where you have spent more than 730 days outside of Canada within the last 5 years and do not qualify for any exemptions to the physical presence requirement, there is still a possibility to renew your PR card based on Humanitarian and Compassionate (H&C) grounds.

Under Canadian immigration law, significant importance is placed on humanitarian and compassionate circumstances, providing an avenue for permanent residents to renew their PR card, even if they have not fulfilled the residence requirement, provided they can demonstrate sufficient H&C concerns. This provision offers an opportunity for individuals facing unique challenges to have their PR card renewal application considered on compassionate grounds, taking into account their specific circumstances and the impact of their absence from Canada.

Preparing a Strong Case for H&C Grounds

When preparing your application for permanent residency under humanitarian and compassionate (H&C) grounds, it is crucial to present a strong case that addresses the specific factors that immigration officers consider. Here are some important points to keep in mind:

Provide compelling evidence that you had no choice but to leave Canada due to circumstances beyond your control. This could include situations such as political unrest, natural disasters, or personal emergencies.

Highlight the significant hardships you currently face, that justify an exception being made in your case and the retention of your PR status. It is essential to demonstrate that these hardships are exceptional and not merely routine or ordinary difficulties that any immigrant might encounter.

Emphasize that the hardships you would experience if you were to lose your permanent resident status are exceptional and undeserved. These hardships should be the result of circumstances beyond your control, demonstrating that you have faced unforeseen challenges that warrant consideration under H&C grounds.

In some cases, even if the hardships faced do not meet the criteria of being unusual and undeserved, H&C grounds may still apply if the impact of the hardship would disproportionately affect you due to personal circumstances. These personal circumstances should be clearly outlined and supported by relevant evidence.

Understand that H&C factors are reviewed on a case-by-case basis. Therefore, it is crucial to provide a comprehensive and detailed description of your immigration history, including any relevant minor details that could support your case.

By meticulously addressing these points and providing clear, consistent, and strong evidence of the unusual and undeserved hardships you face, you increase your chances of success in applying for permanent residency under H&C grounds.

Exploring Eligible Situations

When applying for humanitarian and compassionate consideration to renew your PR card, various circumstances can be taken into account. These situations may include:

If you are unable to return to Canada due to travel restrictions, such as those imposed during the COVID-19 pandemic, it can be considered a valid reason for seeking humanitarian and compassionate grounds for PR card renewal.

If you experience an unexpected illness or incapacitation while outside of Canada, preventing you from fulfilling the residency requirement, this can be considered a factor for humanitarian and compassionate consideration.

In situations where a family member residing outside of Canada experiences serious illness, incapacitation, or even death, it can be grounds for seeking humanitarian and compassionate consideration for PR card renewal.

If you are involved in ongoing court, tribunal, or other legal proceedings outside of Canada that directly relate to your situation, it can be considered when applying for PR card renewal on humanitarian and compassionate grounds.

If you are engaged in significant financial proceedings outside of Canada that are directly related to your circumstances, such as bankruptcy or insolvency, it can be taken into consideration for humanitarian and compassionate grounds.

When the best interest of a child is at stake, such as in cases of custody battles or the child’s significant ties to Canada, it can be a valid reason for seeking humanitarian and compassionate consideration for PR card renewal.

These are examples of situations that may be considered, but each case is assessed individually, taking into account the specific circumstances and supporting documentation provided by the applicant.

Factors Considered

When assessing whether to grant Humanitarian and Compassionate (H&C) consideration for a PR card renewal, immigration officers take into account various circumstances. While the duration and reasons for being outside Canada are crucial factors, there are additional elements that officers consider. These factors include:

How long the applicant has been outside Canada and the reasons behind their departure are evaluated. Officers examine whether the length of absence aligns with compelling circumstances that warrant H&C consideration.

The applicant’s family connections, both within and outside Canada, are considered. Officers assess the impact on the applicant and their family members if the PR card renewal is denied, taking into account factors such as family unity, dependency, and potential hardships.

The extent to which the applicant has established economic ties outside Canada is examined. Officers consider factors such as employment, business ownership, investments, and financial commitments, assessing the potential disruption or hardship caused by denying the PR card renewal.

The applicant’s social ties and integration in the country where they currently reside are taken into consideration. This includes factors such as community involvement, educational pursuits, language proficiency, and cultural integration. Officers evaluate the consequences of denying the PR card renewal on the applicant’s social integration and well-being.

It is important to note that these factors are not exhaustive, and officers may consider additional circumstances relevant to each individual case. Each application for PR card renewal based on H&C grounds is unique and requires a comprehensive assessment of all relevant factors to determine whether humanitarian and compassionate relief is warranted.

Seeking PR Card Renewal on Humanitarian and Compassionate Grounds

Expert Guidance and Considerations

Navigating the process of renewing your PR card with Humanitarian and Compassionate (H&C) considerations requires a thorough understanding of the factors involved. While the factors mentioned above provide insight, there is a comprehensive list that immigration officers consider when evaluating such applications. Given the unique circumstances of each applicant, meticulous attention to detail and skillful legal arguments are essential to increase the chances of a favourable decision based on officer discretion.

It’s important to note that H&C applications entail a more extensive documentation process compared to standard PR card applications. Additionally, the processing time for H&C applications is typically longer, often spanning over a year.

At our office, we boast years of experience in submitting successful applications with Humanitarian and Compassionate considerations. Upon approval, the applicant is deemed to have fully addressed any prior breach of the residency obligation, paving the way for the issuance of a 5-year PR card.

If you have been outside Canada for more than 730 days within the past 5 years and do not qualify for any exemptions to the physical presence requirement, we encourage you to reach out to us. Our team can assess your case and determine if Humanitarian and Compassionate considerations are applicable. Contact us today for expert guidance and support in your PR card renewal journey.

Questions and answers

FAQ

Individuals who have established themselves in Canada and can demonstrate factors such as family ties to Canadian permanent residents or citizens, working or studying in Canada without the required permits, extensive volunteer work within Canada, language proficiency, property and income establishments in Canada, social ties and community responsibilities in Canada, and cases where the best interest of a child is involved. Experiencing hardship and extreme suffering in their home country is also a significant factor.

No, it is not possible to apply for permanent residency under humanitarian and compassionate grounds while waiting for a decision on a refugee claim.

The processing time for these applications can vary, but it typically takes around 18 to 24 months to receive a decision. However, the timeframe may be longer depending on individual circumstances. It is important to note that each application is assessed on a case-by-case basis. While your application is being processed, you are allowed to stay in Canada. It is generally advised not to leave Canada during this time as it could have a negative impact on your application.

Yes, language ability and proficiency in English or French can be considered a factor for eligibility. Demonstrating a sufficient level of language skills can strengthen an application under humanitarian and compassionate grounds.

Yes, individuals who do not have a legal status in Canada but have managed to make Canada their home can apply for permanent residency under humanitarian and compassionate grounds, regardless of their expired visa or overstayed status.

The best interest of the child is a crucial factor in determining eligibility. If an applicant can show that their child’s well-being and development would be negatively affected by returning to their home country, it can strengthen their case for permanent residency under humanitarian and compassionate grounds.

While there are no specific limitations, the hardship and extreme suffering should be compelling and substantial to support the application. Each case is evaluated individually, and the applicant needs to provide evidence of the circumstances they are facing in their home country.

Yes, applicants are generally allowed to work or study in Canada while their application is being processed. However, it is important to consult with immigration authorities to ensure compliance with any specific conditions or restrictions related to the application.

Get Professional Assistance for Humanitarian and Compassionate Grounds

Take Control of Your PR Card Renewal:

Are you facing challenges in meeting the residency obligation of 730 days in the past five years for PR card renewal? Look no further! Akrami & Associates is here to assist you with your PR card renewal, specifically focusing on humanitarian and compassionate (H&C) arguments.
Don’t make the common mistake of confusing an H&C application with a PR card renewal based on agency arguments. We understand the nuances involved in the PR card renewal process and can guide you through the specific requirements and documentation needed for a successful application.

Take the necessary steps to ensure your PR card renewal is handled with expertise and precision. Contact Akrami & Associates today to benefit from our professional assistance in presenting compelling humanitarian and compassionate grounds for your PR card renewal. Don’t navigate this complex process alone – let us support you in securing your PR card renewal.

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