Renewing Your Canadian PR Card Through Humanitarian and Compassionate Grounds: A Guide
Renewing your Permanent Resident (PR) card is essential for maintaining your status in Canada and facilitating international travel. However, if you’ve been outside of Canada for an extended period and have not met the residency obligation of 730 days within a five-year period, you might still be eligible for renewal on Humanitarian and Compassionate (H&C) grounds. This article outlines the relevant laws, the importance of the “best interest of the child” principle, and provides tips for improving your application, including writing a strong submission letter.
Understanding the Legal Framework
Under the Immigration and Refugee Protection Act (IRPA), Section 28 requires that PRs be physically present in Canada for at least 730 days over five years to maintain their status. However, failure to meet this requirement can be excused if the PR can establish sufficient H&C grounds, as provided in Section 25 of the IRPA. These provisions allow flexibility when strict adherence to the law would result in undue hardship.
Humanitarian and Compassionate Grounds: A Path to Renewal
When applying for a PR card renewal on H&C grounds, several factors may be considered, including:
1. Personal Hardship: Situations like medical issues, family obligations, or dangerous circumstances in your country of origin.
2. Strong Ties to Canada: Family members, employment, or property ownership in Canada.
3. Impact of Losing PR Status: How the loss of PR status would affect you and your family, particularly any Canadian citizen or PR family members.
4. The Best Interest of the Child: One of the most crucial factors in H&C applications, particularly where children are involved.
The Importance of the “Best Interest of the Child”
The best interest of the child is a paramount consideration under Canadian immigration law, particularly in H&C applications. If your case involves minor children, whether they are your own or dependents, IRCC is legally required to prioritize their best interests when assessing your application. This principle stems from Section 25 of the IRPA, as well as Canada’s obligations under the Convention on the Rights of the Child.
If you are renewing your PR status and have children who would face undue hardship—such as being separated from you, disrupted education, or loss of emotional and financial support, or if they have been in Canada for long enough that they have been picked up of Canadian official languages or have adapted themselves to the Canadian school system and will face hardship if they return to thei country of origin—this can significantly strengthen your case. Ensure that your application thoroughly details how the children’s lives would be impacted if you were to lose your PR status and be unable to stay in Canada.
5. Canada highly values the family reunification. If you are not eligible for your PR card renewal and will have to go back to your country of origin and as a result, your spouse and children will face financial or emotional hardship in Canada, this also can play a huge positive role in your application.
How to Strengthen Your H&C Application
To maximize your chances of success, take the following steps to improve your H&C-based PR renewal application:
1. Gather Strong Supporting Evidence: Include documentation such as:
– Medical records, if your absence was due to caring for a sick family member like your old parents
– Proof of employment abroad and why it required your presence.
– School records and proof of children’s integration in Canadian life if applicable.
2. Highlight the Best Interest of the Child: If children are involved, demonstrate how losing your PR status would negatively affect them. Reference their schooling, social networks, healthcare, and emotional well-being.
3. Demonstrate Your Connection to Canada: Show that you have maintained strong ties, such as owning property, family members living in Canada, or other community involvement.
4. Provide Character References: Letters from Canadian citizens or organizations that demonstrate your contributions to Canadian society will strengthen your case.
5. Submit a Detailed Explanation: Make sure your submission includes a thorough account of the hardships you or your family would face, particularly focusing on how losing your PR status would negatively affect the best interest of your children.
Writing a Persuasive Submission Letter
A compelling submission letter, either written by you or your representative, is one of the most important aspects of your application. Use the following tips to ensure your letter is effective:
1. Be Clear and Honest: Provide a straightforward explanation of your absence and the H&C grounds that justify your case.
2. Highlight Family Ties and Best Interest of the Child: If applicable, emphasize how the loss of your PR status would disrupt your children’s lives and welfare. Provide details on their emotional, educational, and social well-being in Canada.
3. Emphasize Contribution to Canada: Mention your connections to Canada, such as family, property, and community involvement, and how losing your PR status would harm these connections.
4. Include Legal and Policy References: Mention Sections 25 and 28 of the IRPA and any relevant case law or legal precedent that may apply to your situation. Highlight Canada’s commitment to the best interest of the child under national and international law.
5. Conclude with a Respectful Request: Politely request that the immigration officer exercise discretion based on the H&C grounds and grant your PR card renewal.
Conclusion
Renewing your Canadian PR card 
on humanitarian and compassionate grounds is possible, especially if you can provide strong evidence, emphasize the best interest of the child, and present a persuasive case. By understanding the legal framework and crafting a well-supported submission letter, you can improve your chances of success. If your case involves complex legal issues or you’re unsure about the best strategy, seeking professional advice from an immigration consultant or lawyer is advisable.