How to restore your PR if you lost your status due to a long absence?

If you are outside Canada and have lost your PR status due to failure to fulfill your residency obligations, the first step is to apply for a Permanent Resident Travel Document (PRTD) on humanitarian and compassionate grounds. This document will allow you to return to Canada and begin the process of restoring your status.

Key aspects of applying for a PRTD

A PRTD on humanitarian grounds is considered when unusual, insurmountable, or compassionate circumstances have prevented you from fulfilling your standard residency obligations. These circumstances may include:

  • Family emergencies, such as caring for sick family members abroad
  • Critical health issues that required you to stay outside Canada
  • Personal difficulties, such as job loss or other unforeseen life circumstances

Documents required for a PRTD

  • Current or expired PR card
  • Valid passport or travel document
  • Detailed description of time spent outside Canada
  • Documentation of circumstances supporting humanitarian and compassionate grounds

2. Appeal to the Immigration Appeal Division (IAD)

If your PRTD application has been denied or if Immigration, Refugees and Citizenship Canada (IRCC) has determined that you do not meet the residency obligation, you may appeal to the Immigration Appeal Division (IAD).

Appeal procedure

The appeal must be filed within 60 days of receiving the decision. If you are outside Canada, the hearing may take place by telephone.

Three options for winning an appeal

  1. Proving that you have fulfilled your residency obligations — you must prove that you were physically present in Canada for at least 730 days during the five-year period

  2. Proving valid reasons for being outside Canada — time spent outside Canada may count toward your residency obligations under the following circumstances:

  • Full-time employment outside Canada with a Canadian company or organization
  • Travel with a spouse who is a Canadian citizen or permanent resident and is working abroad for a Canadian company
  1. Humanitarian and compassionate grounds — even if you do not meet the standard requirements, the IAD may allow an appeal on humanitarian grounds

3. Application of the “best interests of the child” principle

If you have children who may be affected by your removal from Canada, this factor may be decisive in your case. IRCC is required to consider the best interests of any child under the age of 18 who may be directly affected by the decision.

Factors considered

  • The age of the child and their needs
  • The relationship between the child and the applicant
  • Separation from parents or close relatives in Canada
  • The length of the child's stay in Canada and their ties to the country
  • Medical or disability-related needs
  • The child's education

Humanitarian and compassionate grounds

Types of difficulties considered

1. Difficulties due to family separation

Separation from close family members can have devastating emotional, psychological, and financial consequences. IRCC considers how the absence of a parent, child, or spouse in Canada may affect their well-being.

How to strengthen your case

  • Birth certificates, custody agreements, or legal guardianship documents
  • Written statements from caregivers or family members
  • Medical/psychological reports on the emotional and psychological impact of the divorce

2. Medical difficulties

If you or members of your family require specialized medical treatment that is only available in Canada, this may be a compelling argument.

3. Economic instability

While economic hardship alone is not sufficient, extreme financial hardship that could lead to homelessness or an inability to meet basic needs is considered a key factor.

Establishing ties to Canada

Family ties

  • Spouses, parents, or children in Canada who would suffer emotional or financial hardship in the event of separation
  • Extended families who provide ongoing support

Integration into Canadian society

  • Employment history and tax contributions
  • Letters from employers confirming reliability and contribution in the workplace
  • Volunteer work and participation in community life

Time frames and statistics

Processing times

PRTD on humanitarian grounds

Processing times for PRTD on humanitarian grounds are not officially published, but are typically less than 21 months. However, the actual time may vary depending on the complexity of the case.

Applications on humanitarian grounds (H&C)

The standard processing time for H&C applications is 24-36 months. This may vary depending on the specific situation and the completeness of the documents submitted.

Appeals to the IAD

Under the new IAD rules that came into effect in 2023, the time limits for filing appeal records have been reduced from 120 to 60 days for sponsorship appeals and residency obligation appeals.

Success rates

Immigration appeals

The success rate for immigration appeals in Canada is estimated to be at least 50%. This means that many individuals who challenge decisions through the appeal process have their cases overturned.

Judicial review

For judicial reviews of visa refusals, the success rate can be as high as 80% for full applications. However, each case must be assessed on its own merits.

Status restoration procedure

Step 1: Assess the situation

First, determine whether you have actually lost your PR status. It is important to understand that permanent resident status cannot be lost on its own — it can only be revoked. Even with an expired PR card, you retain your status until it is officially revoked.

Step 2: Gather documentation

Proof of residence in Canada

  • Employment records, including contracts, pay slips, and T4s from your Canadian employer
  • Bank statements showing transactions in Canada
  • Travel history with records of entry and exit
  • Utility bills, property documents, or rental agreements
  • Medical records of use of Canadian health services

Evidence of humanitarian grounds

  • Medical reports and letters from doctors
  • Testimonials from family members
  • Documents of financial dependence
  • Evidence of integration into Canadian society

Step 3: Submit your application

If you are outside Canada

  1. Apply for a PRTD on humanitarian grounds
  2. Provide a comprehensive explanation of why you were unable to meet the residency requirements
  3. Include all supporting documents

If you are in Canada

  1. Apply to renew your PR card
  2. If you receive a removal decision, appeal to the IAD within 60 days

Step 4: Participate in the appeal process

Alternative Dispute Resolution (ADR)

The IAD offers a mediation process where you can resolve your case without a full hearing. This includes a meeting with an early resolution officer to discuss the possibility of a settlement.

Appeal hearing

If your case is not resolved through ADR, a full hearing will take place where you can present your evidence and arguments.

Judicial Review

If the IAD rejects your appeal, you can apply to the Federal Court of Canada for judicial review. This is not an appeal, but a review of whether the decision was reasonable and fair.

Filing Deadlines

An application for judicial review must be filed within 15 days of receiving the IRB decision. Starting in 2025, applicants will have an additional 45 days (for a total of 75 days) to prepare their full application.

Process

  1. Permission stage: The court reviews the documents and decides whether the case should be considered in detail
  2. Judicial review: If permission is granted, an oral hearing takes place

Recommendations for a successful recovery

1. Timely action

The sooner you start the recovery process, the better your chances of success. Don't wait until the situation gets worse.

2. Professional assistance

Consult a qualified immigration lawyer or consultant. Professional assistance significantly increases the success rate compared to independent applications.

3. Thorough documentation

Keep detailed records of all travel, medical procedures, family circumstances, and other relevant factors. Keep a travel log as recommended by IRCC.

4. Focus on humanitarian grounds

Describe in detail how your removal from Canada will affect you and your family. It is especially important to highlight:

  • Children's interests
  • Medical needs
  • Economic hardship
  • Family separation

5. Community support

Obtain letters of support from members of the Canadian community, employers, religious organizations, and others who can attest to your integration into Canadian society.

Conclusion

Restoring permanent resident status after losing it due to prolonged absence from Canada is a difficult but possible process. Success depends largely on the quality of the documentation, the timeliness of the application, and the ability to present compelling humanitarian and compassionate grounds. With an appeal success rate of around 50% and even higher rates for judicial reviews, many individuals have been able to successfully regain their status.

The key to success is a comprehensive approach that combines a thorough understanding of the legal requirements, careful preparation of documentation, and, where possible, professional legal assistance. Remember that every case is unique, and decisions are made based on the specific circumstances, so it is important to present your situation in the best possible light.