How to apply, processing time, if you're outside of Canada...
Spouse with expired PR
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Aysh Posts: 3
Posted On: 11/6/2021
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Hello,
My PR card expired over 7 years and since that time living with my husband abroad who is Canadian Citizen.
Now we are planning to repatriate back to Canada and thinking to apply for PR renewal. I learned the days spent together with Canadian citizen spouse, counts toward you PR days.
We will be in USA for holidays. Do you think it is good idea to to come to Canada by road and apply PR renewal.
In my case What are the odd to deny the entry to Canada by CBSA.
Regards
Aysh
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Moderator Moderator Posts: 4075
Posted On: 11/30/2021
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Hello,
Thank you for sharing your questions with us! We are happy to provide a high level answer your questions.
As you have heard, one does not lose Permanent Resident status by a breach of residence requirements, the expiration of a PR card or other non-action. Although Canada has a requirement that you spend at least 730 days within the last five years inside Canada in order to maintain PR status, there are certain situations where time outside could still fall within that requirement. Living outside Canada with your common-law partner who is a Canadian citizen counts towards that and so your PR status is still valid. This means that you would only need to renew your PR card.
A PR card can only be delivered to the applicant at a Canadian address. IRCC does not send PR cards to third parties. On occasion, IRCC may ask an applicant to pick up the card at a local IRCC office. Therefore, you would need to be in Canada in order to receive your card.
An expired PR card is not a sufficient travel document. You do need a valid PR card to enter Canada through the US. However, you may apply for a Permanent Resident Travel Document (PRTD) (IMM 5529). This document is to satisfy transportation companies that you are allowed to travel into Canada as permanent residents even without your PR card. This is the only way to enter Canada without a valid PR card as a permanent resident. You can learn more about the application process and what documents are required here. You will need to show proof that your spouse is a Canadian citizen and proof that you are the spouse.
Once you return to Canada, you can then apply for a new PR card here.
Regarding the odds of success with CBSA, we recommend you consult a lawyer to more specifically identify the likelihood of success based on your case.
Please let us know if you have further questions.
Sincerely,
Your Settlement.Org team
Disclaimer:
This document does not contain legal advice.
This document was prepared with the assistance of PBSC Western University law student volunteers. PBSC volunteers are not lawyers and they are not authorized to provide legal advice. This document contains general discussion of certain legal and related issues only. If you require legal advice, please consult with a lawyer.
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Aysh Posts: 3
Posted On: 12/1/2021
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Thanks for your email.
Tour respond is very helpful.
I have a question:
Do I still need PRTD, if we are driving back to Canada in a private car?
Regards,
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