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Moderator Moderator Posts: 4075
Posted On: 9/29/2016
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Hello,
Thank you for sharing your wife's situation and question with us.
Sometimes there is confusion related to having the PR card or for those who have the PR card, regarding the expiry date and meeting the residency requirements.
In some cases, people may think that if they have a PR card and if their PR card is still valid and has not expired, that they have automatically fulfilled their residency requirements.
This is not the case.
Having a PR card or not having one does not mean that you have or do not have permanent resident status. Just like the expiry date on a PR Card has no correlation to whether or not someone has maintained their residency requirements as a permanent resident.
In terms of what happens when re-entering Canada, basically, each time someone enters Canada, Immigration, Refugees and Citizenship Canada may calculate 5 years back from the date they have entered or re-entered Canada to see if they have fulfilled their residency obligation.
In terms of applying for a PR card, she can find some information in our Settlement.Org Do I need to apply for my Permanent Resident Card? article.
It is also important to note that it is not possible to apply for a PR card from outside Canada.
According to the ENF 27 Permanent Resident Card manual,
R56(2) states clearly that a PR card application must be made in Canada.[...]The CPC may refer a case to a local CIC if all or part of the application originated from outside Canada, and if there are questions as to the client’s identity, status or residency history, or the authenticity of the documentation. Clients must report in person to pick up their card in Canada, in accordance with R58(3).
You can find some information on the IRCC website in the I am outside of Canada and do not have a PR card. How can I return to Canada? section.
Here is an excerpt,
I am outside of Canada and do not have a PR card. How can I return to Canada?
Canada’s entry requirements are changing
Permanent residents (PR) of Canada must carry and present their valid PR card or permanent resident travel document (PRTD) when boarding a flight to Canada, or travelling to Canada on any other commercial carrier. If you do not carry your PR card or PRTD, you may not be able to board your flight, train, bus or boat to Canada.
It is your responsibility to ensure that your PR card is still valid when you return from travel outside Canada, and to apply for a new PR card when your current card expires.
Returning by private vehicle
There are other documents you can use to enter the country.
When you return to Canada, apply for a PR card if you plan to travel outside Canada again.
Some examples of private vehicles include, but are not limited to: a car, truck, motorcycle, or recreational vehicle that you own, borrow, or rent, and that is not available for public use.
Returning by commercial vehicle: airplane, bus, train, or boat
You must apply for a permanent resident travel document (PRTD), valid for one entry. Otherwise you may not be able to travel to Canada.
You can apply to replace your PR card when you return to Canada.
I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.
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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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