Permanent Residence In Canada
Upon receiving permanent residence, newcomers are granted a Permanent Resident Card (PR Card) valid for five years.
This PR Card serves as a travel document, facilitating easy air travel to Canada and border crossings from the U.S. into Canada for permanent residents, eliminating the need for a visa. TDJ Law if ready to help you apply for permanent residence in Canada.
Expired Permanent residency Cards
To ensure the renewal of your PR card, you must meet specific residency requirements. In order to maintain your permanent resident status, you must:
1. Reside in Canada for a minimum of 2 years within a 5-year period.
2. If you have been a permanent resident for more than 5 years, you must demonstrate that you have been physically present in Canada for at least 730 days (equivalent to 2 years) within the past 5 years.
You may include days spent outside Canada as part of the 730-day requirement, under certain circumstances. For example, accompanying a Canadian citizen spouse outside Canada allows you to count those days. Another common scenario involves working for a Canadian company abroad, where each day worked outside Canada can be counted, provided specific criteria are met. These two common situations are elaborated upon below.
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Renewing the PR Card
Canadian Permanent Residence cards are typically valid for up to 5 years. However, even if your PR card has expired, you will still maintain your permanent resident status. To renew your PR card, you must fulfill the minimum residency requirements.
Travelling with your Canadian Spouse Abroad
You can include days spent outside Canada as part of the 730-day residency requirement. For example, if you travel with your Canadian citizen spouse abroad, those days can be counted toward meeting the requirement.
Working abroad for a Canadian Company
Apart from staying in Canada, permanent residents can meet the residency requirement by working full-time for a Canadian company outside Canada.
Humanitarian and Compassionate Grounds
When a permanent resident must renew their PR card but hasn't met the residency requirement and doesn't fit into any exception categories, they can apply for renewal on Humanitarian and Compassionate grounds.
Obtaining Travel Documents
If a permanent resident has stayed outside Canada and their PR card has expired, they can apply for a Permanent Resident Travel Document (PRTD) to re-enter Canada. A PRTD is a temporary permit for returning to Canada, usually valid for several months.
Residency Appeals
If a permanent resident's application to renew their PR card is denied or if they're found to have lost their residence while applying for a Travel Document, they can appeal the decision to the Immigration Appeal Division of the Immigration and Refugee Board within 60 days.
What are the documents required for PR Card renewal?
1. A photocopy of your current PR Card.
2. A primary identity document, like a photocopy of a valid passport or travel document.
3. Two recent passport-sized photos (50mmx70mm), taken within the last six months.
4. If you spent 1,095 days or more outside of Canada in the past five years, provide documents supporting your residency exception. The specific documents depend on your situation.
5. If you were with a Canadian citizen spouse, common-law partner, parent, or worked for a Canadian business or public service abroad, you'll need documentation to prove it.
6. If you can't meet the residency requirement, submit documents explaining your unique circumstances for humanitarian and compassionate considerations. Show a compelling reason why you couldn't stay in Canada for at least 2 out of 5 years.
Common Questions
How to apply for PR card renewal?
To renew your PR card, complete an application with government forms and required documents to prove your residency compliance. Pay the applicable fees online. Your application will be sent to a case processing center for review.
How long does it take?
The processing times for renewing or replacing a PR card can fluctuate. On average, it takes about 60 days. For a more precise estimate, the Canadian government regularly updates processing times on their website, reflecting data from the past 6 months.
How will the PR card be sent to me?
Your PR card can be sent to a Canadian address or collected at a nearby IRCC office. If you're required to pick it up, you'll receive a notification to schedule an appointment and must do so within 180 days. If you're outside Canada without a valid PR card, you'll need to apply for a Permanent Resident Travel Document to re-enter Canada.
What to do if I haven’t received my card yet?
If your PR card doesn't arrive within six weeks of being mailed, it's considered lost. In this case, you may need to reapply for a PR card and provide a solemn declaration stating that the original card was lost.
Can I travel if I haven’t received my PR yet?
Certainly, you can travel while awaiting your new PR card. If your current PR card is still valid, you can use it for commercial travel back to Canada. However, if it expires during your trip, you'll need alternative documents for return via private vehicle. For overseas travel with an expired PR card, a Permanent Resident Travel Document (PRTD) is required to return to Canada via commercial transport.
What if my PR card is lost or damaged?
If your permanent resident card is lost, stolen, damaged, destroyed, or never received, you have two options:
Solemn Declaration: If you've waited over six weeks from the expected delivery date and still haven't received your PR card, or if it was lost, stolen, or destroyed but you don't want a new one, you can complete the "Solemn Declaration Concerning a Lost, Stolen, Destroyed, or Never-Received Permanent Resident Card" form.
Reapplication: If your card was lost, stolen, damaged, or it has been over 180 days since it was mailed to you, you'll need to reapply for a new PR card. Fill out "Section 6 – Details Concerning a Lost, Stolen, Damaged, or Never-Received PR Card" on the PR card application form. If you're replacing a damaged card, you can include the physical card in the application package or provide proof of its destruction.
Can I apply while living abroad?
Once you meet the qualifications for Canadian citizenship and submit your application, it's not mandatory to stay in Canada while it's being processed. However, you might need to return to Canada for two crucial steps:
Citizenship Test: You could be asked to come back for a citizenship test, where you'll demonstrate your knowledge of Canada and its values.
Oath Ceremony: The final step often involves an oath ceremony, which signifies your commitment to becoming a Canadian citizen. You may be required to attend this ceremony in person.
While you're not obligated to stay in Canada during the entire application process, being available for these specific events is essential to completing your journey toward Canadian citizenship.
What is the fastest way to become a citizen?
The quickest route to Canadian citizenship involves these steps:
Become a Permanent Resident: First, attain permanent resident status in Canada through the appropriate channels.
Meet Residency Requirement: Once a permanent resident, fulfill the residency criteria by physically residing in Canada for at least 3 years within the last 5 years.
Apply for Citizenship: After meeting the residency requirement, apply for Canadian citizenship to expedite your path to becoming a citizen.This method streamlines the process, making it the fastest way to achieve Canadian citizenship.
This method streamlines the process, making it the fastest way to achieve Canadian citizenship.
renew your pR CARD
Meeting the Residency Requirement for PR Card Renewal
Canadian Permanent Resident (PR) Cards are vital travel documents for permanent residents. They're issued for five years and allow easy re-entry to Canada. To renew an expiring PR card, you must apply and prove you've been physically present in Canada for at least two of the past five years, listing your absences.
Timing Your Renewal Application
Apply when your card is within nine months of expiration to ensure timely processing. Applying too early can result in rejection. Expedited processing is possible if you have urgent travel needs and can provide proof.
Approval and Renewal
Once approved, you'll receive a new PR card valid for another five years. You can renew it indefinitely as long as you meet the residency requirement.
Seek Expert Assistance
The Law Office of Matthew Jeffery has extensive experience in PR card renewal. Fill out our PR Card Renewal Free Assessment Form on our website to see if you qualify.
Travelling With Your Canadian Spouse Or Child Abroad
Accompanying a Canadian Citizen Spouse/Partner: When a permanent resident travels abroad with a Canadian citizen spouse or partner, those days are considered as days spent in Canada for residency purposes. Supporting documents are required to prove the relationship.
Accompanying a Canadian Citizen Child: Similarly, if a permanent resident child (under 22 and unmarried) accompanies a Canadian citizen parent abroad, that time counts toward residency requirements.
Working for a Canadian Company Abroad: Permanent residents can fulfill residency obligations while working full-time abroad for a Canadian business or in the public service of Canada or a province. The business must have a connection to Canada and meet specific criteria to qualify. The work should be under a contract or employment with assignments controlled from Canada.
These exceptions apply to maintaining permanent resident status, but not for citizenship requirements. Work abroad or accompanying a spouse or parent abroad doesn't count towards citizenship eligibility.
Working For A Canadian Company Abroad
Accompanying a Canadian Citizen Spouse/Partner:
Days spent abroad with a Canadian citizen spouse or partner count as days in Canada.
The accompanying permanent resident must provide proof of their relationship and the Canadian citizenship of their spouse or partner.
No need to determine who is accompanying whom or the purpose of travel; the permanent resident's presence with the Canadian citizen is what matters.
Similar rules apply for permanent resident children (under 22 and unmarried) accompanying a Canadian citizen parent.
Working for a Canadian Company Abroad:
Permanent residents can maintain residency while employed full-time by a Canadian business or in Canadian public service abroad.
The "Canadian business" must meet specific criteria, such as being incorporated in Canada, generating revenue, or being recognized under Canadian laws.To comply, the permanent resident must be under contract or employed full-time by the Canadian business or its affiliated enterprise/client.Days spent on temporary assignments abroad also count.Permanent residents can also meet the requirement if they accompany another permanent resident employed abroad by a Canadian business for a total of 730 days.
These exceptions apply to maintaining permanent resident status, but not for citizenship requirements. Work abroad or accompanying a spouse or parent abroad doesn't count towards citizenship eligibility.
Humanitarian And Compassionate Grounds
As long as your permanent resident (PR) card is valid, you can return to Canada, and you'll be considered a permanent resident upon entry.
However, when it's time to renew the card, you must provide details of your travel history to demonstrate meeting the residency requirement. If immigration authorities are satisfied with your residency, they'll issue a new card valid for another 5 years. PR card processing can be expedited for urgent travel needs.
If you don't meet the requirements or your renewal is denied, here are your options:
Renewing PR Cards on Humanitarian Grounds: If you need to renew your PR card but haven't met the residency requirement and don't qualify for exceptions, you can apply based on Humanitarian and Compassionate grounds. This involves explaining the exceptional circumstances preventing you from meeting the residency requirement.
What Are Humanitarian & Compassionate Grounds? These grounds involve compelling reasons for not spending at least 2 years out of 5 in Canada. Examples include caring for an elderly or sick relative. The best interests of affected children also count.
Each case is unique, and a decision-maker will judge whether your explanation justifies renewing the card, despite not meeting the residency requirement.
Residency Appeals
Our Canadian immigration and refugee lawyers have a proven track record of successfully representing clients facing residency obligation challenges. When preparing your case for the Immigration Appeal Division (IAD), our lawyers will meticulously analyze your situation, highlighting key factors such as:
1. Reasons for Non-Compliance: We'll delve into the circumstances surrounding your breach of residency obligations, understanding the root causes.
2. Efforts to Return: We'll assess any steps you've taken to return to Canada, demonstrating your commitment.
3. Continued Connections: We'll emphasize your degree of establishment and ongoing ties to Canada, showcasing your continued connection.
4. Child's Best Interest: We'll address how the loss of permanent residency impacts your children, ensuring their best interests are considered.
5. Family Hardship: We'll outline the hardship and disruption your family may face if you lose your permanent residency.
6. Humanitarian and Compassionate Grounds: We'll present any compelling circumstances unique to your case.
The Immigration and Refugee Protection Act (IRPA) stipulates a requirement for permanent residents to spend a minimum of 730 days in Canada out of every five years.
If a permanent resident, residing outside Canada, receives an unfavorable residency decision from Immigration, Refugees and Citizenship Canada (IRCC), they risk losing their status. In such cases, the decision can be appealed to the IAD within 60 days of receiving IRCC's decision letter.
For individuals currently outside Canada, but who have been in Canada at some point during the last 365 days, IRCC must provide a travel document to enable their return. In other situations, an application can be made to the IAD for a travel document. If the IAD determines an in-person hearing is necessary, it can order IRCC to issue a travel document for the purpose. Alternatively, the hearing may be conducted via telephone.
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Navigating Your Immigration Case with Expertise
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