Renewal of PR card on Humanitarian Grounds

[harkaran]

I got my pr card in 2009.

i have lived in Canada for more than 500 days .

3 years back my grand father got sick, his kidneys got damaged and there was no one else to take care of him but me and my father as he could not walk , his treatment required us to take him for dialysis to hospital 2 times to 3 times in a week, if i convert it into cad$ we used to pay pay $150 every week for his treatment . He was also hospitalized many times for not less than 10 days each time.

In the mean time with i got married so that i could travel to canada for work and my wife could help my dad .

Last couple of years we faced hardship they were not good years for me as my grandfather condition got worst and on top of that my wife suffered miscarriages twice.

My grandfather expired in month of February but i couldn’t go back to Canada as my wife was in depression and he treatment was going on as she suffered miscarriage in march.

Now the situation is a that i have no reason to stay and i want to return to Canada so that i can start earning money for my self and then sponsor my wife but my pr card just expired on 17th of this month.

please help me and tell me what should i so to renew my pr card on humanitarian ground as i have suffered allot and now i want to start my life back.

I have all the documents to prove my words and my situation.

harkarantikka

[SettlementOrgMod]

Hello Harkarantikka,

Thank you for sharing your situation and question with us.

We are sorry to hear about the loss of your grandfather.

As you may already know, in order to return to Canada, if you do not have a valid PR Card, it is likely you will have to apply for a Permanent Resident Travel Document (PRTD) at the nearest Canadian Visa Office.

Starting this process will also start the process to determine whether or not you have lost your PR status.

A valid Permanent Resident (PR) card or Permanent Resident Travel Document (PRTD), are the best proof of your PR status for re-entry into Canada.

What happens is that basically, each time you enter Canada, Citizenship and Immigration may calculate 5 years back from the date you have entered or re-entered Canada to see if you have fulfilled your residency obligation.

You can find information on the process that is followed when entering Canada in this Citizenship and Immigration Canada (CIC) ENF 23 - Loss of Permanent Resident Status manual.

Here is an excerpt from the manual on what happens at the port of entry here:

"7.8 Examining Permanent Residents at a POE (Port of Entry)

When a permanent resident appears at a POE for examination, the officer must confirm that the person is a permanent resident. Officers must remain cognizant of the fact the Act gives permanent residents of Canada the right to enter Canada at a port of entry once it is established that a person is a Permanent Resident, regardless of non-compliance with the residency obligation in A28 or the presence of other grounds of inadmissibility.

Port of entry officers (POE) can refuse entry to a Permanent Resident only when the person has already lost the status in accordance with the provisions of A46 (such as when a final determination has been made that they have failed to comply with the residency obligations or when a removal order comes into force).

In other words, once a permanent resident’s status is established, the person may enter Canada by right and the immigration examination under IRPA concludes.

If an officer has concerns that a permanent resident has not complied with the residency obligation of A28, the officer should advise the permanent resident when the examination is concluded that they are authorized to enter Canada; however, the permanent resident may wish to answer additional questions so the officer may determine whether their concerns are well founded or not.

In cases where:

• permanent resident status is established;
• the permanent resident refuses to provide any further information and enters Canada;
  and
• the officer believes, on a balance of probabilities that the person is in non-compliance with the residency obligation, officers may report the person, pursuant to A44(1). if there is sufficient evidence to support an inadmissibility allegation. In the absence of sufficient evidence to support the writing of an inadmissibility report, officers may enter any available information into FOSS (date of entry, last country of embarkation, current address in Canada etc.).

and

If an officer has concerns that a permanent resident has not complied with the residency obligation of A28, the officer should advise the permanent resident when the examination is concluded that they are authorized to enter Canada; however, the permanent resident may wish to answer additional questions so the officer may determine whether their concerns are well founded or not.

(Italics ours)

It is important to note that in terms of loss of permanent residency, a person does not lose it until a final determination has been made.

According to the Citizenship and Immigration Canada (CIC) ENF 23 - Loss of Permanent Resident Status manual,

It is important to note that a permanent resident does not lose their status under A46(1)(b) until there is a final determination of the decision made outside Canada that they have failed to comply with the residency obligation under A28.

Permanent residents are not finally determined to have lost their permanent resident status until the right of appeal has been exhausted.

It also states in relation to the process of loss of permanent residency,

5. Departmental Policy

When an officer believes a permanent resident has failed to comply with their A28 residency obligation, then that officer should report the permanent resident under the provisions of A44(1) and recommend the issuing of a departure order.

The form Questionnaire: Determination of Permanent Resident Status (IMM 5511B) has been developed specifically to assist officers in making decisions regarding the permanent residency obligation, keeping in mind that the questionnaire alone is not sufficient to determine compliance with the residency obligation, and a detailed interview including examining humanitarian and compassionate criteria under A28(2)(c) is needed.

Furthermore, the officer cannot seize the person’s documents (such as the IMM 1000, Immigrant Visa and Record of Landing and the IMM 5292B, for example) despite writing an A44(1) report and issuing a removal order unless the officer believes there are reasonable grounds to do so in accordance with A140. The rationale behind this is that the person has a right to appeal the removal order and, until final determination of status, they remain a permanent resident and are the lawful owner of said documents.

Again, in order to return to Canada, if you do not have a valid PR Card, it is likely you will have to apply for a Permanent Resident Travel Document (PRTD) at the nearest Canadian Visa Office.

Starting this process will also start the process to determine whether or not you have lost your PR status.

We strongly suggest that it may be helpful for you to contact a lawyer who is familiar with Canadian immigration issues for some additional information and assistance with your situation.

You may also want to contact the nearest Canadian Visa Office for specific information on your situation.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org

[Jahangir_Alam]

My PR card expired in March 2009.
I went to Canada on 2004 and leaved on August same year due to my Father was hospitalized and next day Father expired.
Mother was mentally sick. She didn’t want me to go back to Canada again. After couple months my uncle ( mother’s Elder Brother) expired. After couple months mother got sick and operated her fistula.
Next year 2005 I went Back to Canada and working there very well established.
Again Mother got mentally sick and she was treated under a Psychiatrist near my hometown and living in home.
Mother’s health going to deteriorate Day by day informed me when I phoned.
So I left Canada in January 2006.
My PR Card expired in 2009, besides my passport also expired in 2007.
Please advise me whether I can re-enter to Canada and how? I didn’t apply for renew my passport.