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How to apply, processing time, if you're outside of Canada...

Application for PR Card - Outside Canada 

leongpeggy
leongpeggy
Posts: 1


Posted On: 13 days ago
leongpeggy
leongpeggy
Posts: 1
Hi there,


I was a landed immigrant in Toronto in 1985 and stayed for 3 years before returning to Singapore. I have not gone back since but have been visiting Vancouver BC using my Singapore passport for annual summer visits with my Canadian husband whom I marry in 2002.

In 2016, a new law came for visa-free passport holders to apply for the eTA visa before entering Canada which I duly applied. To my delight, the system shows I still hold a PR status, thus, ineligible for eTA. I was advised to apply for a Travel Document instead, which was approved in 2017 (but has now expired because the validity stated was only 6 months). I was further advised to apply for the PR card upon entering Canada ( no other information was given ).

In summer of 2017, my husband and I went to Vancouver BC and proceeded to the local Immigration Office but was turned away by the Security Guard. I attempted to show him documents and explained that I was there to apply for the PR Card. He made no attempt to understand me and told me I have to send my application to Nova Scotia.

We are now back in Singapore as my husband's work revolves around Asia. I am in a confusion. No one in the Canadian Embassy would entertain calls on Residency.

Upon my husband's retirement in a few years, we will move back to Vancouver BC. Meanwhile, as we are making our usual plans to visit Vancouver BC this summer, scheduled to leave sometime July 20, 2018. Would I be granted another Travel Document to enter Canada.

I have made preparations to courier my application for the PR Card , which will be done by this week.

Would very much appreciate your advice on this matter at the soonest possible and taking this opportunity to wish you and all a very Happy New Year.

Thank you
Yours sincerely,

Peggy
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Moderator
Moderator
Moderator
Posts: 2302


Posted On: 4 days ago
Moderator
Moderator
Moderator
Posts: 2302
Hello Peggy,

Thank you for sharing your situation and question with us.

As you may already know, the fact that your spouse is a Canadian Citizen, and you are accompanying him, means that you maintain your permanent resident status.

According to the Operational Manual ENF 23 - Loss of Permanent Resident Status,

"7.5. Accompanying a Canadian citizen outside Canada

R61(4) provides that each day a permanent resident is outside Canada accompanying (that is,ordinarily residing with) a Canadian citizen constitutes a day of physical presence in Canada,provided that the Canadian citizen they are accompanying is a spouse or common-law partner or parent. In the case of a permanent resident outside Canada accompanying a Canadian citizen, it is not necessary to determine who is accompanying whom, nor is it necessary to determine for what purpose. In other words, under A28(2)(a)(ii) and R61(4), as long as a permanent resident is accompanying a Canadian citizen, the intent and purpose of their absences are not relevant as the residency obligation is met."

So from the situation you have described, each day of your spouse is accompanying you, a Canadian citizen, outside Canada, constitutes a day of physical presence in Canada for your permanent residence requirement. It is interesting to note that it also states,

"In the case of a permanent resident outside Canada accompanying a Canadian citizen, it is not necessary to determine who is accompanying whom, nor is it necessary to determine for what purpose. In other words, under A28(2)(a)(ii) and R61(4), as long as a permanent resident is accompanying a Canadian citizen, the intent and purpose of their absences are not relevant as the residency obligation is met."

Regarding your question about submitting supporting documents, you can find a list of options and suggestions of what can be submitted in the Applying for a travel document (permanent resident abroad) (IMM 5529) instruction guide.

Here is an excerpt,

"OPTION 1. Accompanying a Canadian citizen or permanent resident outside Canada

You may count each day that you accompanied a Canadian citizen or permanent resident outside Canada provided that


  • the person you accompanied is your spouse, common-law partner or parent (if you are a child under 19 years of age);
  • if you are accompanying a permanent resident, they were employed on a full-time basis by a Canadian business or in the public service of Canada or of a province or territory during the period you accompanied them.

Evidence required
You must provide supporting documents to prove that:
  • The person you are accompanying is a Canadian citizen or permanent resident (and that the permanent resident you are accompanying meets his or her own residency obligation); and
  • You are the spouse, common-law partner or child of that person.
Supporting documents may include:
  • marriage licence or evidence of common-law partnership (mandatory if you are accompanying a spouse or common-law partner)
  • child’s birth certificate, baptismal document, or adoption or guardianship document (mandatory if you are accompanying a parent)
  • all passports or other travel documents of the person you are accompanying used in the five years before the application (mandatory)
  • school or employment records
  • association or club memberships
  • documents showing the citizenship of the person you are accompanying, including the date the person became a Canadian citizen, or documents showing that the permanent resident you are accompanying meets their residency obligation (mandatory)
  • evidence of the residential addresses of the person you are accompanying for the five (5) years before the application (mandatory)
  • any other documents that you want to have considered"

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.

=====

Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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