A permanent resident who has not met the residency requirement can renew their PR card on humanitarian grounds if some exceptional circumstance has prevented them from residing in Canada. A renewal may also be made if the permanent resident has been working for a Canadian company abroad or has been accompanying a Canadian citizen spouse abroad.
In the scenario where a permanent resident needs to renew their P.R. card but has not met the residency requirement, and does not fall into one of the exception categories, the application to renew the card can be made on Humanitarian and Compassionate grounds, by explaining the extenuating circumstances why the permanent resident was not able to meet the residence requirement.
If the immigration authorities are satisfied that there are sufficient Humanitarian and Compassionate grounds to justify renewing the P. R. card, they can renew it even though the permanent resident has not met the residency requirement.
What are Humanitarian and Compassionate grounds?
Humanitarian and Compassionate grounds are mitigating factors that demonstrate the permanent resident has a compelling reason why they were unable to remain in Canada for at least 2 years out of 5.
For example, remaining out of Canada in order to care for an elderly or sick relative could be a humanitarian and compassionate factor. The immigration authorities will also consider the best interests of any child affected by the decision as being a potential humanitarian and compassionate factor.
In each case the individual facts will be considered and the decision-maker will make a subjective judgment as to whether the explanation offered is sufficient to overcome the failure to meet the 2-out-of-5-year residency requirement.
