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Moderator Moderator Posts: 4075
Posted On: 6/7/2017
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Hello,
Thank you for sharing your situation and question with us.
We can appreciate that you would be concerned about this situation.
As you may know, in order to maintain your permanent residency, you must meet certain residency obligations to maintain your status as a permanent resident.
To meet these residency obligations, you must be physically present in Canada for at least 730 days (2 years) in every 5-year period. This means that you can spend a total of up to 3 years outside of Canada during a 5-year period.
It is important to note that in terms of loss of permanent residency, a person does not lose it until a final determination has been made. This means that someone else cannot simply cancel your PR.
According to the Immigration, Refugees and Citizenship Canada (IRCC) ENF 23 - Loss of Permanent Resident Status manual,
It is important to note that a permanent resident does not lose their status under A46(1)(b) until there is a final determination of the decision made outside Canada that they have failed to comply with the residency obligation under A28.
Permanent residents are not finally determined to have lost their permanent resident status until the right of appeal has been exhausted.
The onus is on each individual permanent resident to make sure they are meeting their Permanent Resident requirements.
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.
If you have any one else in Canada, you may want to have them call the Immigration, Refugees and Citizenship Canada (IRCC) Call Centre directly for some information on what your options are and what the process will possibly be when you are returning to Canada.
We have had some of our users previously state that they have been able to contact IRCC from abroad by dialing 1 613 944 4000. Listen to the options to get to IRCC. Then you should be transferred to the IRCC Call Centre.
Please note though that some have previously reported that it did not work for them or that it is no longer working.
However, we suggest that you may want to give it a try.
Long distance charges will apply.
We suggest that you may also want to consult a lawyer who is familiar with Canadian immigration issues regarding this situation.
I hope this information is helpful.
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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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