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Residency requirements, Government in Canada, Bringing child born overseas...
Permanent Residence Status for spouse
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wfk60 Posts: 1
Posted On: 3/5/2020
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Any information would be appreciated. I am a Canadian citizen currently residing in Chile. My wife is Chilean. We lived in Canada for 2 years, 2003-2005, with all intentions remaining permanently. My wife was given PR status in 2004. I was offered a permanent work opportunity outside Canada, thus we moved, not thinking we would remain outside of Canada for so many years. We are planning on returning as our children now study university in Canada. My understanding is that as my wife is married to a Canadian citizen she would not lose her PR status. At least she can apply for a PR travel document in order to enter Canada and then apply for her PR card.
Would greatly appreciate if this could be confirmed?
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Atul suthar Posts: 3
Posted On: 3/8/2020
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Sir have a nice day ..my self Atulkumar and I was in Calgary since 2007 as cabinetmaker ( work permit) then I became permanent resident in 2009 and I was in Calgary within five years , more than 730 days and l had applied my PR Card for renewal in August 2014 then I left Canada in 2015 February.. and I got email in 2016 from CIC Calgary that mention in your PR card ready to pick up so I had applied PRTD from India but reply was that you have to appeal IAD but I didn't because I don't know about process of appeal so please help me can I Reapply to IAD ? to get back my PR status please let me know and guide me how to get and reply me as soon as possible......,........... thank you so much
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PMM Posts: 661
Posted On: 3/9/2020
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Hi
Atul suthar wrote:
Sir have a nice day ..my self Atulkumar and I was in Calgary since 2007 as cabinetmaker ( work permit) then I became permanent resident in 2009 and I was in Calgary within five years , more than 730 days and l had applied my PR Card for renewal in August 2014 then I left Canada in 2015 February.. and I got email in 2016 from CIC Calgary that mention in your PR card ready to pick up so I had applied PRTD from India but reply was that you have to appeal IAD but I didn't because I don't know about process of appeal so please help me can I Reapply to IAD ? to get back my PR status please let me know and guide me how to get and reply me as soon as possible......,........... thank you so much
1. If you applied for a PRTD and were refused, you were given the right of appeal. If you didn't appeal within 30 days, your PR was lost, and you are no longer a Permanent Resident of Canada.
2. To return to Canada, you would have to apply and qualify for Permanent resident again.
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Moderator Moderator Posts: 4142
Posted On: 3/23/2020
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wfk60 wrote:
Any information would be appreciated. I am a Canadian citizen currently residing in Chile. My wife is Chilean. We lived in Canada for 2 years, 2003-2005, with all intentions remaining permanently. My wife was given PR status in 2004. I was offered a permanent work opportunity outside Canada, thus we moved, not thinking we would remain outside of Canada for so many years. We are planning on returning as our children now study university in Canada. My understanding is that as my wife is married to a Canadian citizen she would not lose her PR status. At least she can apply for a PR travel document in order to enter Canada and then apply for her PR card.
Would greatly appreciate if this could be confirmed?
Hello There,
Thank you for sharing your situation and question with us.
You are correct, she may need to apply for a PR Travel Document to enter Canada. According to the IRCC Help Centre article What happens if my permanent resident card expires while I am outside Canada?:
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.
While not meeting your PR residency requirements doesn’t mean an automatic loss in PR status, you may want to speak to a reputable and registered immigration consultant or an immigration lawyer about travelling back to Canada without a valid PR card. You may also find helpful information in the discussion forum thread How to calculate days for PRTD application?
If you have any additional questions, please feel free to post them here.
We hope this information is helpful.
Settlement.Org Team
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