Kikiwa Posts: 4
Posted On: 1/31/2015
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Hi,
My son is 13 years old he is a US citizen, his canadian pr card will expire on September 11, 2015 does he needs to be present in canada for the renewal application,
is it ok if I submitt his application or he can come on June 5, 2015 then send his application,
is it ok if he applies for the renewal only 3 months before the expiration date?
Thank you
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Moderator Moderator Posts: 4142
Posted On: 2/3/2015
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Hello,
Thank you for sharing your son's situation and your question with us.
Regarding submitting an application for the PR card from outside of Canada, according to the CIC ENF 27 Permanent Resident Card Operations Manual in the 5.2. General conditions for persons applying for a card section,
R56(2) states clearly that a PR card application must be made in Canada. Furthermore, the card must be delivered in person to each applicant, pursuant to R58(3), and be picked up within 180 days of the person receiving notification that it is ready for collection.
This enhances the integrity of the application process, allowing the local office to contact the client to review documentation and assess residency issues in person. However, it is recognized that the Regulations do not specify physical presence in Canada for purposes of filing a PR card application. Applications cannot be refused solely on the basis of evidence that the applicant was not in Canada when the application was filed. However, applicants are expected to provide an address in Canada where they may be contacted to provide additional information or to present themselves in person for the purposes of reviewing either identification or eligibility for the PR card. The CPC may refer a case to a local CIC if all or part of the application originated from outside Canada, and if there are questions as to the client’s identity, status or residency history, or the authenticity of the documentation. Clients must report in person to pick up their card in Canada, in accordance with R58(3).
Therefore, in order to renew a PR card, you have to be in Canada to submit it.
Regarding your question,
is it ok if he applies for the renewal only 3 months before the expiration date?
According to the CIC ENF 27 Permanent Resident Card Operations Manual,
While applications for a new card may be filed at any time before the card expires, the existing card must be returned with the application, as stated in R59(1)(d). For example, applicants may have forgotten to return a previous PR card that is still valid at the time of applying for a new card and that has not been reported lost or stolen. As a matter of policy, CIC requests that expired cards be submitted with the request for renewal.
However, a new PR card will not be refused if the client does not return an expired PR card. CIC does not intend to collect all expired cards from clients. Procedures are already in place for permanent residents to surrender their card at citizenship ceremonies. If clients claim that they have lost their card, they are required to complete the section of the application form entitled Solemn Declaration (concerning a permanent resident card that was lost, stolen, destroyed or never received) [IMM 5451E]. The previous card is revoked in accordance with R59(2).
As you can see, the CIC ENF 27 Permanent Resident Card Operations Manual states "While applications for a new card may be filed at any time before the card expires".
The Applying for a Permanent Resident Card (PR Card) - Initial application, replacement or renewal (IMM 5445) application states that you should not however, apply for a renewal of your current PR card if it is still valid for more than nine (9) months (270 days), unless it is due to a legal name change. Otherwise, your application will be returned.
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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