In most cases, when it comes time to renew a PR card, an application detailing travel history over the previous five years will be required to show that the applicant has satisfied the 730-day minimum residence requirement. When your application is granted, the immigration authorities will issue you a new PR card that is good for the following five years.
Applying PR Card on H+C Grounds
If a permanent resident fails to meet the minimum residency requirements due to extenuating circumstances, an application for a renewal of the card (and, with it, renewed confirmation of permanent resident status) can be made under s. 28(2)(c) of the Act on Humanitarian and Compassionate grounds. However, an applicant must “show that there are adequate and compelling grounds to be granted an exception” in order to be considered for an exemption from the customary standards. Immigration officials have the ability to examine the mitigating circumstances that prevented a resident from completing their two-in-five-year commitment in a renewal application based on Humanitarian and Compassionate grounds. After that, immigration authorities will use a tailored and subjective judgment to determine whether or not to grant a renewal.
Getting Help Applying for PR Card Renewal on H&C Grounds
Applying for a PR card renewal, in general, can be a difficult affair for a permanent resident, let alone one who has not met the minimal residency criteria. Fortunately, there is hope for people who have not been able to satisfy their residency requirement of 730 days in five years due to circumstances beyond their control or who would face considerable hardship if their PR card was revoked. An application for a PR card renewal based on H+C grounds may allow a person to renew their PR card and stay in Canada or return.
President & CEO
Michael Niren
Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the Associate Member of the American Bar Association.
