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Moderator Moderator Posts: 4142
Posted On: 3/5/2018
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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.
Sometimes people may think that if they do not have a PR card, they have not fulfilled their residency requirements.
This is not the case.
Whether or not you have a PR card or the expiry date on a PR Card has no correlation to whether or not you have maintained their residency requirements as a permanent resident.
Since you have not yet received your PR card, in terms of what happens when re-entering Canada, basically, each time you enter Canada, Citizenship and Immigration may calculate 5 years back from the date you have entered or re-entered Canada to see if you have fulfilled your residency obligation.
According to our Settlement.Org What are the residency requirements for permanent residents (PRs)? article,
To meet these residency obligations, you must be physically present in Canada for at least 730 days (2 years) in every 5-year period.
This means that you can spend a total of up to 3 years outside of Canada during a 5-year period. However, if you leave the country for an extended period of time, it is up to you to prove to Citizenship and Immigration Canada that you will be able to meet your residency requirements.
If you are outside Canada for extended periods of time, you can accumulate residency days if you are:
-Travelling with a Canadian spouse or common-law partner, or are a child accompanying a parent, or
-Employed on a full-time basis by a Canadian business or the Public Service of Canada, or
-The spouse, common-law partner or child of a permanent resident who is outside Canada and who is employed on a full-time basis by a Canadian business or the Public Service of Canada.
If you are in Canada and an immigration officer determines that you have not complied with your residency obligations, the officer may issue a departure order that requires you to leave Canada.
If you are outside of Canada and do not meet residency obligations, immigration officers abroad may inform you in writing that you have lost your permanent residence status.
So as you can see, to meet your residency requirement, you must be physically present in Canada for 730 days (2 years) in every 5-year period.
In terms of re-entering Canada without a PR card, you can find some information on the IRCC website in the I am outside of Canada and do not have a PR card. How can I return to Canada? section.
Here is an excerpt,
I need to leave Canada and I do not have a permanent resident card. Can I later return to Canada without a PR card?
Canada’s entry requirements are changing
Permanent residents (PR) of Canada must carry and present their valid PR card or permanent resident travel document (PRTD) when boarding a flight to Canada, or travelling to Canada on any other commercial carrier. If you do not carry your PR card or PRTD, you may not be able to board your flight, train, bus or boat to Canada.
It is your responsibility to ensure that your PR card is still valid when you return from travel outside Canada, and to apply for a new PR card when your current card expires.
Returning by Private vehicle
There are other documents you can use to enter the country.
When you return to Canada, apply for a PR card if you plan to travel outside Canada again.
Some examples of private vehicles include, but are not limited to: a car, truck, motorcycle, or recreational vehicle that you own, borrow, or rent, and that is not available for public use.
Returning by commercial vehicle: airplane, bus, train, or boat
You must apply for a Permanent Resident Travel Document (PRTD). valid for one entry. Otherwise you may not be able to travel to Canada.
You can apply to replace your PR card when you return to Canada.
Once you return, you may want to contact the Immigration, Refugees and Citizenship Call Centre directly for some information specific to your situation.
If you would like to try and contact the Immigration, Refugees and Citizenship Call Centre from outside Canada, we have had some of our users previously state that they have been able to contact CIC from abroad by dialing 1 613 944 4000. Listen to the options to get to IRCC. Then you should be transferred to the IRCC Call Centre.
Please note though that some have reported that it did not work for them or that it is no longer working.
You may want to give it a try.
Long distance charges will apply.
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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