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

Permanent Resident Card Renewal and R-1 visa 

japan
japan
Posts: 2


Posted On: 5/1/2018
japan
japan
Posts: 2
Hi,

My Japanese mother lived in Canada for about 5 years and then moved to Japan for over 10 years with my father who is a Canadian citizen.

My mother's PR card expired 10 years ago and now since I am in Canada, she is thinking of renewing it in order to visit me. She is in Canada now through an R-1 visa, although maybe in the future thinking of wanting to live in Canada (At the moment, my parents still have work in Japan).

She already submitted the documents in last month, although she does not meet the 2 years within the last 5 years residency requirement.

Her processing status did not show up when we checked on the website recently, and she did not receive any emails from cic so far.

My questions are:

1. Is she eligible to apply for a PR card renewal? (Are there exceptions to the residency obligation and would she apply to that?)

2. If she is eligible, how long would the whole process take from when she submits her documents/around when would she get her PR card and would she need to be in Canada physically during the whole processing time?

3. Is it correct that to check the processing status on the cic website, the ID number (on an old PR card) goes under Client ID Number? (we tried as PR Card Number and it did not work)

4. The R-1 visa expires in 6 months, but can you apply for it multiple times? If so, would it be harder to obtain it after the first time?

5. If she is not eligible right now, can she keep using the R-1 visa and apply for PR card later?

Thank you in advance.
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Moderator
Moderator
Moderator
Posts: 2670


Posted On: 5/25/2018
Moderator
Moderator
Moderator
Posts: 2670
Hello,

Thank you for sharing your mother's situation and question with us.

You mentioned that your mother was outside Canada accompanying your father who is a Canadian Citizen.

As you may already know, the fact that your mother is accompanying your Canadian Citizen father, means that she can maintain her 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."

The Immigration, Refugees and Citizenship Canada (IRCC) website states that it is currently taking 110 days to process PR card Renewals.

You may want to contact the Immigration, Refugees and Citizenship Canada (IRCC) Call Centre directly for some information specific to your mother's situation and application.

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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