PR card expire while In outside Of Canada 

PMM

Posts: 661

Hi, my sister was permanent resident when sponsored her husband and son. Son spend 6 month in Canada and left the country for taking religious education in pakistan. Meanwhile my sister got her citizenship of Canada.last 4 1/2 years her son didn’t back in Canada. He is 13 years old now.his PR card card expire in 25 July 2020. Can he reapply PR card from Pakistan whole he couldn’t complete his 730 days in Canada. Or my sister can sponsor him again.

Moderator

Moderator

Posts: 4075

HI my son and daughter ar in India, they came to Canada in 2011, but lived for 4 months and went back to India along with my wife, my wife is no more as he passed away in 2015, I am PR in Canada, How can I call my kids as their PR has expired.

Moderator

Moderator

Posts: 4075

Hi There,

I'm a PR and stayed 3 years in Canada as PR. But I've to leave Canada to take care of my old Parents who are not willing to come to Canada. I've few general question about PR card renewal and maintaining PR status.

1. After how many years of expiry I can renew my PR card, if I'm outside Canada when my PR card expires ?
2 Do I need to stay 2 years in each PR Card renewal ?
3. How the 5 years of next PR Card is calculated within which I have to stay for 2 years to retail my PR ? From the date of Renewal of next PR card or Date of expiry of previous card ?

If you’re outside Canada and don’t have a valid PR card, you need a permanent resident travel document (PRTD) to return to Canada. You can only apply for a PRTD from outside Canada. If you try to return to Canada without a PR card or PRTD, you may not be able to take your flight, train, bus or boat to Canada.

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.

"7.8 Examining Permanent Residents at a POE (Port of Entry)

When a permanent resident appears at a POE for examination, the officer must confirm that the person is a permanent resident. Officers must remain cognizant of the fact the Act gives permanent residents of Canada the right to enter Canada at a port of entry once it is established that a person is a Permanent Resident, regardless of non-compliance with the residency obligation in A28 or the presence of other grounds of inadmissability.

Port of entry officers (POE) can refuse entry to a Permanent Resident only when the person has already lost the status in accordance with the provisions of A46 (such as when a final determination has been made that they have failed to comply with the residency obligations or when a removal order comes into force).

In other words, once a permanent resident's status is established, the person may enter Canada by right and the immigration examination under IRPA concludes.

If an officer has concerns that a permanent resident has not complied with the residency obligation of A28, the officer should advise the permanent resident when the examination is concluded that they are authorized to enter Canada; however, the permanent resident may wish to answer additional questions so the officer may determine whether their concerns are well founded or not.

In cases where:
- permanent resident status is established;
- the permanent resident refuses to provide any further information and enters Canada;
and
- the officer believes, on a balance of probabilities that the person is in non-compliance with the residency obligation,

officers may report the person, pursuant to A44(1). if there is sufficient evidence to support an inadmissibility allegation. In the absence of sufficient evidence to support the writing of an inadmissibility report, officers may enter any available information into FOSS (date of entry, last country of embarkation, current address in Canada etc.).