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navk13 Posts: 1
Posted On: 12/25/2022
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Hi,
We stayed in Canada and renewed PR card three times.
After renewing the PR card in Mid 2018, we traveled to Native country.
Since then due to various reasons, including COVID reasons we could not travel back.
Now, our ( Mine and my wife ) PR card expiring in May 2023.
We wish to travel back to Canada by end of April.
My question is :
Though we have valid PR card, will there be any issues with Border services while enetering Airport ?
Any questions need to be answered ?
Any document needed why we did not travel back ?
Thanks in advance.
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Moderator Moderator Posts: 4141
Posted On: 1/2/2023
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Hello There,
Thank you for sharing your situation and question with us.
Based on information on the IRCC website, you will likely need to apply for a Permanent Resident Travel Document to return to Canada after your PR card expires. 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.
You may also find useful information in the article on Settlement.Org, What are the residency requirements for permanent residents (PRs)? Here is an excerpt:
To meet these residency obligations, you must be physically present in Canada for at least 730 days (2 years) in every 5-year period. The 5-year period is assessed on a rolling basis. Immigration, Refugees and Citizenship Canada (IRCC) will look back at your time in Canada over the previous 5 years.
This means that you can spend a total of up to 3 years outside of Canada during a 5-year period.
IRCC may take humanitarian and compassionate reasons into consideration for your mother staying outside of Canada for an extended period of time. This is up to IRCC and it would be best for your mother to contact the local visa office or IRCC via web form to get more details about her specific application and what kind of supporting documents she may require. For updated information on travel rules and restrictions, we recommend that you visit the Government of Canada website on COVID-19 updates for travel, quarantine, and borders. You may also wish to consult a reputable and registered immigration consultant or an immigration lawyer about her situation.
We hope this information is helpful. If you have any additional questions, please feel free to post them here.
Sincerely,
Your Settlement.Org Team
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mehboob0820 Posts: 2
Posted On: 2/10/2023
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I am writing on behalf of my brother-in-law.
He landed in Canada as a Permanent Resident back in April 2004 along with his wife and 1 year old child.
He stayed there for few months then left to his native country to prepare for relocation and employment service closure, however, due to some unavoidable circumstances he was not able to travel back and remained out of Canada until now.
He wants to inquire following:
1. Is he eligible to reopen his case to get reentry in Canada
2. Where to submit his application for inquiry, contact office email or phone#
3. Does he need to apply right from scratch since he has additional 2 children also added in family.
I would be very grateful for anyone who can assist in this matter.
Thank you in advance.
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Moderator Moderator Posts: 4141
Posted On: 3/31/2023
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Hello There,
Thank you for sharing your situation and question with us.
Your brother will still need to provide travel documentation to enter Canada. Based on information on the IRCC website, if you leave Canada with an expired PR card, you will likely need to apply for a Permanent Resident Travel Document to return to Canada. Starting this process will also start the process to determine whether or not he has lost his PR status. A valid Permanent Resident (PR) card or Permanent Resident Travel Document (PRTD), are the best proof of your PR status for re-entry into Canada.
In terms of the process when re-entering Canada, 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.
The 5-year period is assessed on a rolling basis. This means that Immigration, Refugees and Citizenship Canada (IRCC) will look back at your time in Canada over the previous 5 years from the date that they receive your application.
You can find information on the process that is followed when entering Canada in this Immigration, Refugees and Citizenship Canada (IRCC) ENF 23 - Loss of Permanent Resident Status manual.
Here is an excerpt from the manual on what happens at the port of entry here:
"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.
If an officer has concerns that a permanent resident has not complied with the residency obligation of A28, the officer should advise the permanent resident when the examination is concluded that they are authorized to enter Canada; however, the permanent resident may wish to answer additional questions so the officer may determine whether their concerns are well founded or not.
In cases where:
- permanent resident status is established;
- the permanent resident refuses to provide any further information and enters Canada;
and
- the officer believes, on a balance of probabilities that the person is in non-compliance with the residency obligation,
officers may report the person, pursuant to A44(1). if there is sufficient evidence to support an inadmissibility allegation. In the absence of sufficient evidence to support the writing of an inadmissibility report, officers may enter any available information into FOSS (date of entry, last country of embarkation, current address in Canada etc.).
It is worth noting that 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 and sponsoring children to also come to Canada. The article, How do I sponsor a spouse, common-law, or conjugal partner or dependent child while living outside of Canada, might be particularly helpful in your case. Your brother can apply for sponsorship while living abroad if he meets the eligibility criteria outlined in the article.
IRCC may take humanitarian and compassionate reasons into consideration for your extended stay outside of Canada. However, this is up to IRCC and it would be best for you to contact the local visa office or IRCC via web form to get more details about your specific application and what kind of supporting documents this may require.
We hope this information is helpful. If you have any additional questions, please feel free to post them here.
Sincerely,
Your Settlement.Org Team
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