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PR expiry date
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raew Posts: 2
Posted On: 5/23/2019
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My husband and I were joint applicants for Permanent Residency. Our first PR cards have different expiry dates one is 6 months later than the other and neither are 5 years after landing.
Is it the case that once residency has been granted that the "link" between applicants is no longer valid so the expiration of the PR card is not relevant?
I appreciate that the residency requirement will be calculated from the date of application for renewal but just wanted to confirm that as the earliest an application for renewal can be made will be 9 months before the expiry date of our residency card not 9 months before the 5th anniversary of residency being granted?
For example if residency was granted 15th October 2015 and I have a PR card with expiry date of 25th January 2021 and my husband has a PR card with an expiry date of 30th June 2021 then I can apply any time form the 25th April 2020 onwards and may husband from the 30th September 2020.
Thanks
R
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Moderator Moderator Posts: 4075
Posted On: 5/31/2019
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Hello R,
Thank you for sharing your situation and question with us.
We can appreciate that you would be concerned about this situation and would be interested in finding out what your options are.
It is important to note that the PR card's expiry date has no correlation between whether or not you have met the residency requirements.
We have previously received some information from one of our legal researchers related to being in Canada after not meeting the residency requirements.
According to their research, 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.
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), they may still have the opportunity to satisfy the two-year “in Canada” requirement.
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, CRS, CRS-DC
,Settlement.Org
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raew Posts: 2
Posted On: 6/1/2019
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Hi Anna,
Thanks for your clarification. We will not have a problem with meeting the residency requirement our confusion surrounds the expiry date. A couple of questions.
- Is the earliest date an application for renewal can be made 9 months before the expiry date of our residency card not 9 months before the 5th anniversary of residency being granted?
- Is the fact that despite being joint application my PR card expiry date is different from my husband irrelevant?
Thanks
Rachel
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Moderator Moderator Posts: 4075
Posted On: 6/4/2019
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Hello Rachel,
Thank you for updating us on your situation.
You can find some detailed information regarding renewing your PR card on the Immigration, Refugees and Citizenship Canada (IRCC) website in the How do I renew my permanent resident card? section.
Here is an excerpt,
If your permanent resident (PR) card is expired or will expire in less than 9 months, you can apply for a new card. The new card will have a new expiration date. Most new PR cards are valid for 5 years.
Regarding your second question,
Is the fact that despite being joint application my PR card expiry date is different from my husband irrelevant?
The onus is on each individual permanent resident to ensure that they are maintaining their permanent residency.
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, CRS, CRS-DC
Settlement.Org
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