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PR Renewal from US - Filing taxes as Non-resident 

kalim.azam
kalim.azam
Posts: 1


Posted On: 4/29/2020
kalim.azam
kalim.azam
Posts: 1
I am PR resident of Canada, since Jan 2016, and my PR is up for renewal in March 2021.


On April 2019, i have relocated with my family to Houston, US.

I am looking for some advise on the following items,


- For renewal of PR, do i need to be physically present in Canada or do i need to relocate to Canada? It is very important for me to keep my PR status. Since i have moved and my current address is in Houston, will there be any impact on renewal of my PR application?

I have satisfied 730 days presence in Canada in the past 5 years.



- Further, if i file my Canadian tax return as an emigrant/non-resident (planning departure tax since i spent most of the time in US) for the year 2019. Would that have any impact on my upcoming PR renewal application?






Please advise and much appreciate your response.

Thanks.



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Syedamirali
Syedamirali
Posts: 3


Posted On: 16 days ago
Syedamirali
Syedamirali
Posts: 3
Can i renew my PR card.as i have expired passport.but i have landing papers.
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Moderator
Moderator
Moderator
Posts: 3223


Posted On: 8 days ago
Moderator
Moderator
Moderator
Posts: 3223
kalim.azam wrote:
I am PR resident of Canada, since Jan 2016, and my PR is up for renewal in March 2021.


On April 2019, i have relocated with my family to Houston, US.

I am looking for some advise on the following items,


- For renewal of PR, do i need to be physically present in Canada or do i need to relocate to Canada? It is very important for me to keep my PR status. Since i have moved and my current address is in Houston, will there be any impact on renewal of my PR application?

I have satisfied 730 days presence in Canada in the past 5 years.



- Further, if i file my Canadian tax return as an emigrant/non-resident (planning departure tax since i spent most of the time in US) for the year 2019. Would that have any impact on my upcoming PR renewal application?






Please advise and much appreciate your response.

Thanks.






Hello There,

Thank you for sharing your situation and question with us.

For renewal of PR, do i need to be physically present in Canada or do i need to relocate to Canada?


You must be physically present to submit your application for PR renewal.
Are you eligible?
To be eligible for a PR Card, you must:
  • be a permanent resident of Canada;
  • be physically present in Canada;
  • meet the residency requirement (see Appendix A – Residency obligation);
  • not be under an effective removal order;
  • not be a Canadian citizen; and
  • not be convicted of an offense related to the misuse of a PR Card
Permanent Residents outside of Canada
If you are outside Canada and do not have a valid PR Card to return, you must get a Permanent Resident Travel Document from a Visa Application Centre or a Canadian visa office.


It is very important for me to keep my PR status. Since i have moved and my current address is in Houston, will there be any impact on renewal of my PR application? I have satisfied 730 days presence in Canada in the past 5 years.


You may also find helpful information in the Settlement.Org article, What are the residency requirements for permanent residents (PRs)?. Here is an excerpt:
As a permanent resident, you may travel outside Canada after you arrive. However, 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. The 5-year period is assessed on a rolling basis. Immigration, Refugees and Citizenship Canada (IRCC) will look back at your time in Canada over the previous 5 years.

This means that you can spend a total of up to 3 years outside of Canada during a 5-year period. However, if you have been a permanent resident for less than 5 years and decide to leave the country for an extended period of time, it is up to you to prove to IRCC that you will be able to meet your residency requirements.


It sounds like you have met your residency requirement to maintain PR status. For information specific to your situation, you may also want to submit a case-specific inquiry using IRCC’s web form.

if i file my Canadian tax return as an emigrant/non-resident (planning departure tax since i spent most of the time in US) for the year 2019. Would that have any impact on my upcoming PR renewal application?


The status of your tax return is not a part of the PR card renewal application. However, you may want to confirm with IRCC directly for advice specific to your situation.

You may also find helpful information in the Settlement.Org article, Do I have to file a tax return? There are helpful guides in this article that would support you in determining residency status for tax purposes (which are different from residency for PR status). It may also be helpful to consult a reputable and registered immigration consultant or an immigration lawyer for advice regarding your situation and help with your application.

If you have any additional questions, please feel free to post them here.

We hope this information is helpful.

Settlement.Org Team
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