PR Card Renewal on Humanitarian and Compassionate Grounds: A Path to Retaining Permanent Residency

In case you have failed to meet the Canadian residency requirement for your PR card renewal, you may be at risk of losing your permanent resident (PR) status. However, Canadian immigration laws have provisions that may allow for a successful PR card renewal on Humanitarian and Compassionate (H&C) grounds in certain exceptional situations. This option allows individuals to appeal their case when losing PR status would cause undue hardship or other serious consequences.

What Are Humanitarian and Compassionate (H&C) Grounds?

H&C grounds allow individuals who fail to meet the standard residency requirements to request special consideration from a reviewing visa officer. Section 25(1) of the Immigration & Refugee Protection Act (IRPA) broad powers to grant individuals who are otherwise ineligible the opportunity to obtain permanent residence for humanitarian and compassionate reasons. These applications are evaluated on a case-by-case basis and consider factors including:

1. Family ties to Canada

2. Hardship that would occur if PR status were lost

3. Best interests of children in Canada

4. Exceptional circumstances, such as medical issues or family emergencies

These grounds were designed to ensure that individuals in difficult situations are not unfairly penalized for reasons beyond their control.

Why Consider PR Card Renewal on H&C Grounds?

If you’ve missed the residency requirement, submitting a PR card renewal application on H&C grounds could be your last opportunity to retain your status in Canada. Here’s why this route is worth considering:

1. Retain Your PR Status: Losing your PR status can be very difficult to reverse. A successful renewal on H&C grounds can allow you to maintain your rights in Canada and avoid the complex process of regaining PR status.

2. Exceptional Circumstances Matter: Life challenges, such as illnesses, family obligations, or global events like the COVID-19 pandemic, have prevented persons from meeting the residency requirements in the past. H&C grounds may allow these exceptional circumstances to be considered.

3. Best Interests of Children: If your children are citizens and/ or are well-established in Canada, their well-being is a major factor that is considered in an H&C application. Removing children from their home could have long-term negative effects, and the courts have repeatedly ruled that visa officers must consider how the BIOC factors bear on the matter before them.

Eligibility for PR Card Renewal on H&C Grounds

To be eligible, you must show that you have one or more of the following factors:

1. Strong ties to Canada, such as work, community involvement, or family.

2. Hardship if your PR status is lost, particularly emotional or financial hardship.

3. Exceptional circumstances beyond your control, like medical or travel issues.

4. Best interests of children living in Canada.

How Can Yanique Russell Law Help You?

At Yanique Russell Law, we specialize in guiding individuals through the PR card renewal process. Here’s how we can assist:

1. Personalized Case Evaluation: We carefully assess your unique situation to determine if applying for PR renewal on H&C grounds is the best option.

2. Sound Advice: We provide clear guidance throughout the process, helping you understand how to present your case effectively.

3. Application Support: Our team ensures your application is complete, accurate, and properly submitted, increasing your chances of success.

Conclusion

If you're unable to meet the residency requirements for your PR card, applying for renewal on Humanitarian and Compassionate grounds could allow you to retain your permanent resident status. At Yanique Russell Law, we are committed to helping you navigate this process with expert guidance and support. Contact us today for a consultation and take the first step toward securing your future in Canada.