Permanent Residency (PR) Card Renewal
VisaPath can help you renew your PR Card and continue your life in Canada.
What are Humanitarian and Compassionate Considerations?
If an applicant for a Permanent Resident Card renewal cannot meet the mandatory residency obligation of 730 days of being physically present in Canada within the last five years , they have an opportunity to have the requirements waived
so you can retain your PR status on humanitarian and compassionate grounds (H & C).
It is important to note that H & C grounds are an exceptional remedy that is not often granted. Immigration officers look very closely at all the facts of a case before deciding to permit the residency requirement to be waived.
They do not accept minor factors such as inconvenience of applying from outside a country, or financial losses. There must be circumstances that, taken together, argue in favour of keeping your PR status.
- Ties to Canada (family, employment, ID documents)
It is important to provide evidence of your efforts to establish yourself permanently during your time in Canada. This includes driver’s license, health card, application to enroll in school, efforts to obtain employment, etc.
There is no single formula by which all of these factors are weighed, thus you must prepare for many possible responses to your arguments. For example, if your family member overseas has a medical condition, and you had to leave Canada to care for them, an officer might ask why you did not make an alternative arrangement?
- If you had an opportunity to return to Canada long enough to meet your residency obligations , why did you not take it?
- Did you leave Canada on your own accord, or were you pressured into it by family, or by some outside event?
- Were you a minor at the tim e, and had no choice?
Preparing a Strong Case
Reason for Leaving Canada
Hardships
You now face hardship great enough for an exception to be made in your case and deserve the retention of your PR status.
These are just some of the issues an officer might raise. An application that shows clear, consistent, and strong evidence of unusual and undeserved hardship you will face should you lose your PR status will have more chance of success .
The hardship (of losing your permanent resident status) should be, in most cases, unusual , not something routine or ordinary that any immigrant may face, and it should in most cases be the result of circumstances beyond your control .
H&C grounds may exist in cases that would not meet the criteria of unusual and undeserved , but would be met where the hardship would have a disproportionate impact on the permanent resident due to personal circumstances.
H&C factors are reviewed on a case – by – case basis. It is important to not spare any detail, no matter how minor, in describing your
immigration history.
Have a Question?
How We Can Help
At Visa Path, our representatives are experience in humanitarian and compassionate application in all areas of immigration.
We can guide you through each step of the process, ensuring you compile a strong and convincing application which persuades the officer in showing compassion towards your situation.
To get started, contact VisaPath at 416-477-2570 to schedule a consultation
Frequently Asked Questions
Who is eligible to apply for permanent residency under humanitarian and compassionate grounds?
If you are planning to apply for permanent residency under humanitarian and compassionate grounds, it is important to understand who qualifies under this category. Humanitarian and compassionate application usually filed within Canada. This application is mostly for individual who do not have a legal status in Canada but have managed to make Canada their home.
Individual who have managed to establish themselves in Canada include:
- Family ties to Canadian permanent resident or Canadian Citizen
- Working in Canada without a work permit
- Studying in Canada without a study permit
- You are doing extensive volunteer work inside of Canada
- Language ability and proficiency in English or French
- Obtaining property and income establishments inside Canada
- Have social ties and responsibilities of a community within Canada
- Best interest of the child
- A major component in qualifying for humanitarian and compassionate grounds is experiencing hardship and extreme suffering in your home country.
Can I apply for refugee and PR with H&C at the same time?
The answer is no. If you have filed a refugee claim, you are not able to apply for permanent residency under humanitarian and compassionate grounds at the same time you are waiting for a decision for your refugee claim.
How long does it take to get a decision?
These applications could take time to get a decision. You are looking at 18 to 24 months to get a decision; it may be longer depending on your situation. These applications are a case by case basis, so it is important to understand that this may take some time.
While your application is in processing you are permitted to stay in Canada until you receive a decision. It is not recommended to leave Canada while you are waiting for a decision as this could negatively affect your application.