If you have been outside Canada for more than 730 days in the past 5 years, and you also do not fall under one of the exemptions to the physical presence requirement, then you may still be able to renew your PR card on Humanitarian and Compassionate (H&C) grounds.
Canadian immigration law gives special consideration to humanitarian and compassionate situations and allows permanent residents to renew their PR card even if they have not met the residence requirement at all if they have sufficient H&C concerns.
Situations which could be considered when applying for humanitarian and compassionate consideration include:
- Inability to travel back to Canada due to travel restrictions (such as due to covid-19)
- Applicant’s illness or incapacitation while traveling outside Canada
- Illness, incapacitation, or death of a family member who lives outside Canada
- Court, tribunal, or other legal proceedings outside Canada pertaining to the applicant
- Financial proceedings outside Canada pertaining to the applicant
- Best interest of a child
What makes a case worthy of humanitarian and compassionate consideration?
Some circumstances which officers consider when determining whether to grant H&C consideration for a PR card renewal include:
- How long has the applicant been outside Canada?
- Why did they leave?
- Family relationships inside and outside Canada
- Economic establishment outside Canada
- Social establishment outside Canada
These are not the only factors officers look at when considering whether Humanitarian and Compassionate relief is warranted. There are many other circumstances which an application to renew a PR card on H&C grounds has to consider.
Best Interest Of A Child
Officers reviewing an application to renew a PR card on humanitarian and compassionate grounds MUST take into account the best interests of any child who will be directly affected by the the outcome of the application.
This consideration includes children living both inside and outside Canada, regardless of their citizenship or other status.
Aspects of how the application relates to the child or children in question include:
- the child’s relationship to the applicant
- the child’s age
- the child’s degree of dependence on the applicant
- medical issues or special needs the child may have
- impact on the child’s application
Submitting an Application to Renew a PR card on H&C Grounds
The factors listed above are just a few among a long list considered by immigration officers when making a decision on a PR card application with H&C considerations. Every applicant’s situation is unique, so these types of applications require attention to detail and creative legal arguments for the best chance of an officer using their discretion to issue an approval.
H&C applications require substantially more documents as evidence than standard PR card applications. They also take significantly longer to receive a decision – frequently over a year.
Our office has years of experience submitting applications with Humanitarian and Compassionate considerations with a very high rate of success. Upon approval of the application, the applicant is considered to have completely overcome any previous breach of the residency obligation and a 5-year PR card can be issued.
Contact us if you have been outside Canada for more than 730 days out of the past 5 years and do not meet any of the exemptions to the physical presence requirement to see if Humanitarian and Compassionate considerations may apply to your case.
If your PR card has not yet expired and you may want to renew on Humanitarian and Compassionate grounds, contact us before your PR card expires if possible.
Our professional fees typically range from $2000 – $4000 for renewal of a PR card with H&C considerations.
