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5/31/2019
Topic:
PR expiry date

Moderator
Moderator
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.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CRS, CRS-DC
,Settlement.Org
5/31/2019
Topic:
Uncertain Permanent Residency Status

Moderator
Moderator
Hello,

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.

You mentioned you tried to renounce your permanent residency. Was it confirmed that you renounced it?

It is important to note that in terms of loss of permanent residency, a person does not lose it until a final determination has been made.

This means that your PR status needs to be formally removed.

You can find some information on the Immigration, Refugees and Citizenship Canada (IRCC) website, Here is an excerpt,


Losing your permanent resident status does not happen automatically. You cannot lose your permanent resident status simply by living outside of Canada long enough that you don’t meet the residency requirement. Unless you have gone through an official process, you have not lost or given up your permanent resident status, even though you may not be eligible to return to Canada as a permanent resident.
You may lose your permanent resident status if:
You may lose your permanent resident status in one of the ways described above if:
  • you do not live in Canada for two out of five years;
  • you are convicted of a serious crime and told to leave Canada; or
  • you become a Canadian citizen.
You do not lose your permanent resident status if your PR card expires.



In terms of re-entering Canada, 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 am outside of Canada and do not have a PR card. How can I return to Canada?

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.


We suggest that it is important and probably best that you speak to a Lawyer who is familiar with Canadian immigration issues for additional information regarding your situation.

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.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CRS, CRS-DC
Settlement.Org
5/31/2019
Topic:
Lapsed residency - how to get into Canada

Moderator
Moderator
Hello,

Thank you for sharing your situation and questions with us.

Unfortunately, it is difficult for us to provide you with a definitive response.

In terms of re-entering Canada, 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 am outside of Canada and do not have a PR card. How can I return to Canada?

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.


We suggest that it is important and probably best that you speak to a Lawyer who is familiar with Canadian immigration issues for additional information regarding your situation.

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.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CRS, CRS-DC
Settlement.Org
5/31/2019
Topic:
Accompanying Canadian Child Abroad

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

We can appreciate that you would be interested in this type of information.

According to the Operational Manual ENF 23 - Loss of Permanent Resident Status,

"7.5. Accompanying a Canadian citizen outside Canada

R61(4) provides that each day a permanent resident is outside Canada accompanying (that is,ordinarily residing with) a Canadian citizen constitutes a day of physical presence in Canada,provided that the Canadian citizen they are accompanying is a spouse or common-law partner or parent. In the case of a permanent resident outside Canada accompanying a Canadian citizen, it is not necessary to determine who is accompanying whom, nor is it necessary to determine for what purpose. In other words, under A28(2)(a)(ii) and R61(4), as long as a permanent resident is accompanying a Canadian citizen, the intent and purpose of their absences are not relevant as the residency obligation is met."

So from the situation described, each day a permanent resident is accompanying a Canadian citizen spouse or common-law partner outside Canada, constitutes a day of physical presence in Canada for their permanent residence requirement. Unfortunately, it does not apply to a Canadian citizen child accompanying you.

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.
=====
Anna
Settlement.Org Content and Information/Referral Specialist, CRS, CRS-DC
Settlement.Org
5/31/2019
Topic:
Supplementary Form in PRTD Application to VFS UAE

Moderator
Moderator
Hello,

Thank you for sharing your questions with us.

Unfortunately, we are unable to provide a definitive response.

We hope that other users who have experienced something similar can share their comments with you.

Please let us know if you have further questions and if there is any follow up to your question/situation.
=====
Anna
Settlement.Org Content and Information/Referral Specialist, CRS, CRS-DC
Settlement.Org
5/31/2019
Topic:
Citizenship after McGill?

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

As a US citizen, you may want to look at what your options are for permanent residency before you look at Canadian citizenship.

You can find some information regarding immigrating to Ontario in our Settlement.Org How can I apply to immigrate to Ontario? article.

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.
=====
Anna
Settlement.Org Content and Information/Referral Specialist, CRS, CRS-DC
Settlement.Org
5/31/2019
Topic:
Any Albinism Communities or Groups?

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

We can appreciate that you would be interested in this type of information.

You may to try using our Services Near Me - 211 Chat Service.

There you can chat with an I&R Specialist to find out what may be available in the area you are living in.

If you are already in Ontario, you can contact 211 by dialing 211 on a phone.

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.
=====
Anna
Settlement.Org Content and Information/Referral Specialist, CRS, CRS-DC
Settlement.Org
5/31/2019
Topic:
Enroll Kids in Kindergarten

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

We can appreciate that you would be interested in this type of information.

It is best that you contact the school board in Ottawa that you are interested in directly to see if this will be possible.

Please note that if your child is also on a tourist visa, they may need to pay fees in order to attend school.

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.
=====
Anna
Settlement.Org Content and Information/Referral Specialist, CRS, CRS-DC
Settlement.Org
6/1/2019
Topic:
Job Search

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

We can appreciate that you would be interested in this type of information.

You can find some information regarding immigrating to Ontario in our Settlement.Org How can I apply to immigrate to Ontario? article.

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.
=====
Anna
Settlement.Org Content and Information/Referral Specialist, CRS, CRS-DC
Settlement.Org
6/4/2019
Topic:
PR expiry date

Moderator
Moderator
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.
=====
Anna
Settlement.Org Content and Information/Referral Specialist, CRS, CRS-DC
Settlement.Org
6/4/2019
Topic:
Accompanying Canadian Child Abroad

Moderator
Moderator
Hello,

Thank you for your additional response.

Unfortunately, we are unable to recommend any lawyers or consultants however, you may be able to find some helpful information in our Settlement.Org Should I get help with my immigration application from an immigration consultant or lawyer? article.

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.
=====
Anna
Settlement.Org Content and Information/Referral Specialist, CRS, CRS-DC
Settlement.Org
6/10/2019
Topic:
Smoking Cigarettes in backyard of Townhouse

Moderator
Moderator
Hello,

Thank you for sharing your situation and concerns with us.

We can appreciate that they would be very concerned about this situation and would be interested in finding out what your rights are in this situation.

It is best that you contact the nearest Community Legal Clinic as soon as possible for some information and advice regarding this situation and for information on how to proceed.

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.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CRS,CRS-DC
Settlement.Org
6/12/2019
Topic:
PRTD

Moderator
Moderator
Hello,

Thank you for sharing your situation and question with us.

We can appreciate that you would be very concerned about this situation.

According to the Immigration, Refugees and Citizenship website,

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.


You may want to contact the Immigration, Refugees and Citizenship Call Centre directly to find out what your options are in this type of situation.

You can also find some other information regarding additional options and other documents you can use if you choose to enter Canada by private vehicle on the Immigration, Refugees and Citizenship website in the I need to leave Canada and I do not have a permanent resident card. Can I later return to Canada without a PR card? section.

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.
=====
Anna
Settlement.Org Content and Information/Referral Specialist, CRS, CRS-DC
Settlement.Org
6/18/2019
Topic:
Medical Surveillance

Moderator
Moderator
Hello,

Thank you both for sharing your situations and questions with us.

We can appreciate that you would be interested in this type of information.

Depending on the city you are living in, you may want to contact the nearest Public Health Unit directly for some information.

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.
=====
Anna
Settlement.Org Content and Information/Referral Specialist, CRS, CRS-DC
Settlement.Org
6/18/2019
Topic:
Enrolling Child in Kindergarten

Moderator
Moderator
Hello Amit,

Thank you for sharing your situation and question with us.

We can appreciate that you would be interested in this type of information.

You mentioned that you will be moving to Toronto.

In this case, it is best that you contact the Toronto District School Board directly for some information specific to your situation.

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.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CRS, CRS-DC
Settlement.Org