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manpreet Posts: 2
Posted On: 5/15/2016
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i have a question my parmanent card is expire on 24 oct 2016
so can i apply for know because im going to india in november 2016 so can i apply know then they give me in octber
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Moderator Moderator Posts: 4142
Posted On: 5/21/2016
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Hello,
Thank you for sharing your situation and question with us.
You can find some information regarding when you can apply in the Applying for a Permanent Resident Card (PR card) - Initial application, replacement, renewal or to change sex designation (IMM 5445) Instruction Guide. .
Here is an excerpt,
Do not 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.
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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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Roshingerald Posts: 1
Posted On: 5/24/2016
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I am travelling on the 17th of June 2016 and my PR card expired in April. I had applied for the PR card in Feb 2016 but due to some problem with the photographs the application was returned and when I sent it back forgot to write URGENT on the envelop. Now I wont be getting it before my travel and has to apply for PRTD after reaching India. Can you please let me know what all documents I should submit when applying for PRTD? I have started working recently only but had been volunteering in a school for the past three years.
Thank you
R Maria
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Moderator Moderator Posts: 4142
Posted On: 5/26/2016
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Hello,
Thank you for sharing your situation and question with us.
We can appreciate that you would be concerned about this situation.
You can find some detailed information regarding what type of documents you should submit in the Applying for a travel document (permanent resident abroad) (IMM 5529) Document Checklist.
The Document Checklist (IMM 5627) (PDF, 147.22 KB) gives more information on the documents you need to submit with your application. You must provide all information and documents at the time of making your 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.
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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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Biplab Barua Posts: 4
Posted On: 6/9/2016
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Hello,
I was in Canada from December 27'2013 to March 25'2014. My PR card will be expired on February 21,2019. When i need to re-enter to keep valid PR status or renew for further five years.
Moderator wrote:
Thank you for sharing your situation and question with us.
We can appreciate that you would be concerned about this situation.
You can find some detailed information regarding what type of documents you should submit in the Applying for a travel document (permanent resident abroad) (IMM 5529) Document Checklist.
The Document Checklist (IMM 5627) (PDF, 147.22 KB) gives more information on the documents you need to submit with your application. You must provide all information and documents at the time of making your 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.
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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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Biplab Barua Posts: 4
Posted On: 6/13/2016
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Dear Anna,
Tks for ur reply. I don't need as my PR status is still valid and will be expired on February 21,2019. Since i was in canada 85 days so when exactly i shall have to re-enter to fulfill the 730 days stay in last five years. Pls reply.
Could u pls reply me followings:
1. I shall have to stay (730-85)= 645 days to comply residency obligation. Pls ensure.
2. If so, i may re-enter with in 15th May,2017 with my existing PR card.
3. My PR card will expire on Feb 21,2019.
Pls don't ignore and assist me to reply.
Biplab
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Moderator Moderator Posts: 4142
Posted On: 6/20/2016
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Hello Biplab,
Unfortunately, we are unable to tell you when to enter Canada in order to fulfill your residency requirements.
This is something you need to calculate yourself.
Regarding your question, generally, to find out if someone has fulfilled their residency requirements, each time a Permanent Resident re-enters Canada, the Officer will count back 5 years from the date the permanent resident has re-entered Canada.
In that 5 year period, if the permanent resident has not accumulated 2 years (730 days) of physical presence in Canada, then it may be determined that the permanent resident has lost their PR status.
You can find information on the process that is followed when entering Canada in this Citizenship and Immigration Canada (CIC) ENF 23 - Loss of Permanent Resident Status manual.
Here is an excerpt from the manual on what happens at the port of entry,
2. Program objectives
IRPA establishes a residency obligation with respect to each five-year period after permanent resident status has been granted.
and
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.
The onus is on each individual permanent resident to meet their own residency requirements. This means that it is up to you to ensure that you are meeting the residency requirement within each 5 year period and that you are also keeping track of your time spent inside and outside Canada.
It is your responsibility to ensure that you are fulfilling your residency obligation.
In terms of proofs either to prove that you were in Canada or that you were outside of Canada you may want to keep:
- Airplane tickets/boarding passes
- Bus tickets/boarding passes
- Accomodation/Apartment information such as Lease, Rent Receipts for the time that you are in Canada
- Hotel receipts
And any other documents that can prove the time you were present in Canada in the event that you were questioned by an immigration officer and asked to provide proof of your time in/outside of Canada.
According to the the Citizenship and Immigration Canada Operations Manual - Chapter ENF 23 - Loss of Permanent Resident Status,
Put simply, this means that the permanent resident bears the full responsibility of demonstrating - with supporting documentation as considered necessary by an officer -that they were physically present in Canada for the required number of days or that they have otherwise met (or will be able to meet) the residency obligation as prescribed in the Act.
The permanent resident also bears the onus of presenting documentation that is credible, in the opinion of an officer, to support any assertion(s) made by the permanent resident, or that may have been made on behalf of that permanent resident. There is no one document that can categorically establish a permanent resident’s physical presence in Canada.
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.
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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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Biplab Barua Posts: 4
Posted On: 6/21/2016
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Dear Anna,
Tks for your resourceful reply. still am i eligible to re-enter and continuing to stay 730 days (two years) then RO will be complied??
I think, if i re-enter in 1st week of Feb 2017, and will reside in canada 730 days then i will fulfill residency obligation since my PR is valid for up to February 21,2019.
Tks,
Biplab
Moderator wrote:
Hello Biplab,
Unfortunately, we are unable to tell you when to enter Canada in order to fulfill your residency requirements.
This is something you need to calculate yourself.
Regarding your question, generally, to find out if someone has fulfilled their residency requirements, each time a Permanent Resident re-enters Canada, the Officer will count back 5 years from the date the permanent resident has re-entered Canada.
In that 5 year period, if the permanent resident has not accumulated 2 years (730 days) of physical presence in Canada, then it may be determined that the permanent resident has lost their PR status.
You can find information on the process that is followed when entering Canada in this Citizenship and Immigration Canada (CIC) ENF 23 - Loss of Permanent Resident Status manual.
Here is an excerpt from the manual on what happens at the port of entry,
2. Program objectives
IRPA establishes a residency obligation with respect to each five-year period after permanent resident status has been granted.
and
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.
The onus is on each individual permanent resident to meet their own residency requirements. This means that it is up to you to ensure that you are meeting the residency requirement within each 5 year period and that you are also keeping track of your time spent inside and outside Canada.
It is your responsibility to ensure that you are fulfilling your residency obligation.
In terms of proofs either to prove that you were in Canada or that you were outside of Canada you may want to keep:
- Airplane tickets/boarding passes
- Bus tickets/boarding passes
- Accomodation/Apartment information such as Lease, Rent Receipts for the time that you are in Canada
- Hotel receipts
And any other documents that can prove the time you were present in Canada in the event that you were questioned by an immigration officer and asked to provide proof of your time in/outside of Canada.
According to the the Citizenship and Immigration Canada Operations Manual - Chapter ENF 23 - Loss of Permanent Resident Status,
Put simply, this means that the permanent resident bears the full responsibility of demonstrating - with supporting documentation as considered necessary by an officer -that they were physically present in Canada for the required number of days or that they have otherwise met (or will be able to meet) the residency obligation as prescribed in the Act.
The permanent resident also bears the onus of presenting documentation that is credible, in the opinion of an officer, to support any assertion(s) made by the permanent resident, or that may have been made on behalf of that permanent resident. There is no one document that can categorically establish a permanent resident’s physical presence in Canada.
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.
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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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Biplab Posts: 3
Posted On: 9/29/2016
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Biplab Barua wrote:
Dear Anna,
Tks for your resourceful reply. still am i eligible to re-enter and continuing to stay 730 days (two years) then RO will be complied??
I think, if i re-enter in 1st week of Feb 2017, and will reside in canada 730 days then i will fulfill residency obligation since my PR is valid for up to February 21,2019.
Tks,
Biplab
Moderator wrote:
Hello Biplab,
Unfortunately, we are unable to tell you when to enter Canada in order to fulfill your residency requirements.
This is something you need to calculate yourself.
Regarding your question, generally, to find out if someone has fulfilled their residency requirements, each time a Permanent Resident re-enters Canada, the Officer will count back 5 years from the date the permanent resident has re-entered Canada.
In that 5 year period, if the permanent resident has not accumulated 2 years (730 days) of physical presence in Canada, then it may be determined that the permanent resident has lost their PR status.
You can find information on the process that is followed when entering Canada in this Citizenship and Immigration Canada (CIC) ENF 23 - Loss of Permanent Resident Status manual.
Here is an excerpt from the manual on what happens at the port of entry,
2. Program objectives
IRPA establishes a residency obligation with respect to each five-year period after permanent resident status has been granted.
and
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.
The onus is on each individual permanent resident to meet their own residency requirements. This means that it is up to you to ensure that you are meeting the residency requirement within each 5 year period and that you are also keeping track of your time spent inside and outside Canada.
It is your responsibility to ensure that you are fulfilling your residency obligation.
In terms of proofs either to prove that you were in Canada or that you were outside of Canada you may want to keep:
- Airplane tickets/boarding passes
- Bus tickets/boarding passes
- Accomodation/Apartment information such as Lease, Rent Receipts for the time that you are in Canada
- Hotel receipts
And any other documents that can prove the time you were present in Canada in the event that you were questioned by an immigration officer and asked to provide proof of your time in/outside of Canada.
According to the the Citizenship and Immigration Canada Operations Manual - Chapter ENF 23 - Loss of Permanent Resident Status,
Put simply, this means that the permanent resident bears the full responsibility of demonstrating - with supporting documentation as considered necessary by an officer -that they were physically present in Canada for the required number of days or that they have otherwise met (or will be able to meet) the residency obligation as prescribed in the Act.
The permanent resident also bears the onus of presenting documentation that is credible, in the opinion of an officer, to support any assertion(s) made by the permanent resident, or that may have been made on behalf of that permanent resident. There is no one document that can categorically establish a permanent resident’s physical presence in Canada.
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
Hallo Anna,
I am very happy to get your resourceful information. could you pls clarify again regarding following points:
1. To keep PR status valid I would like to re-enter on March 01,2017 which might be complied minimum residency obligation 730 days as I shall continue from that date.
2. Someone told me PR holder can’t stay outside of Canada for more than three years from 1st arrival date. Is it truth?
Immediate five years from PR date will be ended on December 28,2018. If I re-enter on March 01,2017 still 657 days remain to meet RO. Since I was in Canada 85 days it will be added with (657+85)=742 days. It is mention able that my 1st arrival date is December 28,2013 and was in Canada upto March 25,2014 e.i. 85 days.
Kindly advise.
With Best Rgds,
Biplab
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Moderator Moderator Posts: 4142
Posted On: 10/18/2016
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Hello Biplab,
As stated above, to find out if someone has fulfilled their residency requirements, each time a Permanent Resident re-enters Canada, the Officer will count back 5 years from the date the permanent resident has re-entered Canada.
In that 5 year period, if the permanent resident has not accumulated 2 years (730 days) of physical presence in Canada, then it may be determined that the permanent resident has lost their PR status.
The five-year time frame set out in the Refugee and Immigrant Protection Act is not static. Rather it is a moveable window that is dependent on the time at which a visa officer examines your situation. Therefore, if you cannot fulfill the two-year (730 day) requirement for the five-year time frame starting from when you became a permanent resident, you should remain in Canada until you can satisfy the requirement for another five-year time frame.
The IRCC’s Permanent Residency Status Determination Manual states:
"For persons who have been permanent residents of Canada for more than five years, the only five-year period that can be considered in calculating whether an applicant has met the residency obligation is the one immediately before the application is received in the visa office. A28(2)(b)(ii) precludes a visa officer from examining any period other than the most recent five-year period immediately before the date of receipt of the application."
It is important to note that you do not lose your permanent resident status the instant your Permanent Resident Card expires.
Since the officer cannot choose any five-year time period for consideration, but must always assess the most recent five-year time period (the one immediately preceding examination), you may still have the opportunity to satisfy the two-year “in Canada” requirement.
We suggest that you speak to a Lawyer who is familiar with Canadian immigration issues for additional information regarding your situation.
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.
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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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