Permanent Residence in Canada

Upon receiving permanent residence in Canada, 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:

Reside in Canada for a minimum of 2 years within a 5-year period.
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.

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?

The key documents you need for your PR card renewal application:

A photocopy of your current PR Card.
A primary identity document, like a photocopy of a valid passport or travel document.
Two recent passport-sized photos (50mmx70mm), taken within the last six months.
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.
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.
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.

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.

HERE’S HOW WE CAN HELP

We will craft a tailored strategy based on your unique situation, meticulously gather and assess necessary documents to build a strong case, offer guidance for interviews, and deliver expert legal arguments to support your appeal.

REQUIREMENTS TO 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.

HERE’S HOW WE CAN HELP

Tailored Strategy: We create a personalized strategy based on your unique situation.
Thorough Documentation: We gather and review all necessary documents to build a strong case in your favor.
Interview Preparation: We ensure you're ready for any interviews that may be requested.
Expert Legal Support: Our experienced team provides expert legal submissions to support your appeal.
Efficient Communication: We liaise with immigration authorities on your behalf to prevent delays and ensure nothing is missed.

Travelling with Your Canadian Spouse or Child Abroad

Exceptions to PR Card Renewal Residency Requirements

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.

HERE’S HOW WE CAN HELP

Strategic Immigration Support

Tailored Strategy: We create a personalized plan to address your unique immigration situation.
Document Evaluation: We meticulously review and organize your supporting documents to strengthen your case.
Interview Preparation: We get you ready for any interviews that may be required during the immigration process.
Expert Legal Advocacy: Our experienced team crafts persuasive legal submissions to support your appeal or application.
Effective Communication: We liaise with immigration authorities on your behalf to prevent delays and ensure a smooth process.

Working for a Canadian Company Abroad

Exceptions to PR Card Residency Requirements

1. 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.

2. 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, not for citizenship eligibility, where different criteria apply.

Please note that immigration regulations can change, so consulting with an immigration expert is advisable.

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HERE’S HOW WE CAN HELP

Our Comprehensive Services for Your Immigration Case:

Customized Strategy: We create a tailored plan based on your unique situation to maximize your chances of success.
Document Review: We thoroughly examine and organize your supporting documents to build a strong case in your favour.
Interview Preparation: We help you prepare for any required interviews, ensuring you're ready and confident.
Expert Legal Submissions: Our team provides expert legal submissions that support your case effectively.
Effective Communication: We liaise with immigration authorities on your behalf to prevent delays and ensure nothing is missed in your application.

Our goal is to make your immigration process as smooth and successful as possible.

‍Humanitarian and Compassionate Grounds

Not Meeting Residency Requirements for PR Card Renewal: What to Do

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.

HERE’S HOW WE CAN HELP

Our Comprehensive Immigration Assistance: What We Do for You

Strategic Planning: We tailor a strategy to your unique situation, ensuring the best approach for your immigration needs.
Document Review: We meticulously collect and assess supporting documents to build a strong case, increasing your chances of success.
Interview Preparation: We get you ready for any required interviews, ensuring you're confident and well-prepared.
Expert Legal Submissions: Our experienced team crafts compelling legal submissions to support your appeal or application.
Effective Communication: We liaise with immigration authorities on your behalf, preventing potential delays due to missed details. Your immigration process is in safe hands.

Obtaining Travel Documents

Traveling with an Expired PR Card? Here's What to Do

If your Permanent Resident (PR) card has expired and you need to travel to Canada, don't worry, you can still return. Here's how:

1. Apply for a PRTD: You can apply for a Permanent Resident Travel Document (PRTD), often referred to as a one-way visa. It allows you to re-enter Canada and is valid for several months.

2. Eligibility: To get a PRTD, you must demonstrate that you've been physically resident in Canada for at least two years in the past five. If you haven't met this requirement, there are exceptions:

Accompanying a Canadian spouse/partner/parent abroad
Working for a Canadian company/government abroad
Making a Humanitarian and Compassionate request, explaining compelling circumstances.

3. Swift Processing: PRTD applications are expedited and usually processed without interviews or further requests for information.

4. Denied Application: If your PRTD application is denied, it likely means you've lost your permanent residence status. You have the option to appeal this decision to the Immigration Appeal Division in Canada within 60 days.

So, even with an expired PR card, you can still return to Canada using a PRTD, ensuring your journey goes smoothly.

HERE’S HOW WE CAN HELP

Navigating Your Immigration Case with Expertise

When dealing with immigration matters, it's crucial to follow a well-structured approach:

1. Tailored Strategy: Craft a strategy tailored to your unique situation. Every case is different, and a personalized plan maximizes your chances for success.

2. Document Review: Carefully gather and assess all necessary supporting documents. These documents play a vital role in establishing a favourable outcome for your case.

3. Interview Preparation: Be ready for any requested interviews. Proper preparation ensures you present your case effectively and confidently.

4. Legal Expertise: Benefit from expert legal guidance. Experienced professionals will provide strong legal submissions in support of your appeal, strengthening your case.

5. Communication: Maintain effective communication with immigration authorities. Timely and accurate communication minimizes the risk of delays that could affect your case's progress.

By following this comprehensive approach, you can navigate the complexities of immigration proceedings with confidence, increasing your chances of a successful outcome.

Residency Appeals

Expert Representation for Your Residency Appeal

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:

Reasons for Non-Compliance: We'll delve into the circumstances surrounding your breach of residency obligations, understanding the root causes.
Efforts to Return: We'll assess any steps you've taken to return to Canada, demonstrating your commitment.
Continued Connections: We'll emphasize your degree of establishment and ongoing ties to Canada, showcasing your continued connection.
Child's Best Interest: We'll address how the loss of permanent residency impacts your children, ensuring their best interests are considered.
Family Hardship: We'll outline the hardship and disruption your family may face if you lose your permanent residency.
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.

HERE'S HOW WE CAN HELP

Navigating Your Immigration Case with Expertise

When dealing with immigration matters, it's crucial to follow a well-structured approach:

1. Tailored Strategy: Craft a strategy tailored to your unique situation. Every case is different, and a personalized plan maximizes your chances for success.

2. Document Review: Carefully gather and assess all necessary supporting documents. These documents play a vital role in establishing a favourable outcome for your case.

3. Interview Preparation: Be ready for any requested interviews. Proper preparation ensures you present your case effectively and confidently.

4. Legal Expertise: Benefit from expert legal guidance. Experienced professionals will provide strong legal submissions in support of your appeal, strengthening your case.

5. Communication: Maintain effective communication with immigration authorities. Timely and accurate communication minimizes the risk of delays that could affect your case's progress.

By following this comprehensive approach, you can navigate the complexities of immigration proceedings with confidence, increasing your chances of a successful outcome.