After receiving permanent residence in Canada, immigrants are issued a Permanent Resident Card (PR Card), which remains valid for five years. The PR Card serves as a travel document, facilitating easy boarding on flights to Canada or crossing the U.S.-Canada border without needing a visa.
To renew the PR Card, individuals must fulfill the minimum residency obligations, you must
- Reside in Canada for a minimum of 730 days (2 years) within the past five-year period.
- Counting days spent outside of Canada can contribute towards meeting the 730-days requirement of residency obligations:
- Accompanying a Canadian citizen spouse outside of Canada.
- Working for a Canadian company outside of Canada.
Application Process
- The permanent resident must apply for a new PR Card before the current one expires.
- The application must show physical presence in Canada for at least 2 years within the past 5 years.
- Listing absences and calculating time spent in Canada is necessary.
- Immigration authorities only accept applications within 9 months (270 days) of the card’s expiry.
- Applying prematurely may result in the application being returned.
- It is advisable to apply as soon as possible within the 9-month window to ensure timely issuance of the new card.
- Expedited processing is possible for routine applications with urgent travel needs.
- Proof such as a plane ticket and explanation letter may be required.
- Once approved, the new PR Card is valid for another 5 years.
Accompanying a Canadian Spouse/Partner/Parent Outside Canada
- Each day spent abroad accompanying a Canadian citizen spouse or partner counts as a day of physical presence in Canada for the permanent resident.
- Supporting documents verifying the relationship and the Canadian citizenship of the spouse/partner are necessary.
- The purpose of travel or who is accompanying whom is irrelevant, as long as the permanent resident is with the Canadian citizen spouse/partner.
- When a permanent resident child under 22, who is unmarried, accompanies a Canadian citizen parent outside of Canada. This time counts towards the residency requirement.
Working for a Canadian Company Outside Canada
- Permanent residents fulfilling employment outside Canada for a Canadian business or in the public service of Canada or a province can meet residency obligations.
- The Canadian business must meet specific criteria; such as being incorporated under Canadian laws or having significant Canadian ownership.
- The permanent resident must be under contract or employed full-time by the Canadian business, with assignments controlled from Canada.
- Maintaining a connection to the Canadian business is essential.
- Accompanying another permanent resident who works for a Canadian business abroad can also count towards meeting residency obligations.
Renewing PR Card on Humanitarian & Compassionate Grounds
- If a permanent resident fails to meet the residency obligations due to exceptional circumstances, they can apply for renewal on Humanitarian and Compassionate (H+C) grounds under s. 28(2)(c) of the Act.
- To be exempt from the usual requirements, applicants must demonstrate compelling reasons.
- Immigration officers assess the circumstances preventing residency compliance and decide whether to grant renewal based on a personalized evaluation.
- Decision makers evaluate eight factors in H+C applications
- Non-compliance severity
- Reasons for departure and stay abroad
- Degree of establishment in Canada
- Family ties to Canada
- Attempts to return to Canada
- Hardship to family members in Canada
- Hardship to the applicant
- Other unique circumstances warranting relief
- The best interests of affected children.
Evaluation of Factors
- Non-compliance severity is assessed based on the shortfall in residency days, with spending over 50% of the required time in Canada viewed more favorably.
- The reason for leaving Canada and failure to return is considered, with valid reasons such as serious illness possibly justifying absence.
- Investment in Canada, family ties, efforts to return, and potential hardships are weighed in the decision-making process.
- Any other relevant circumstances are also taken into account.
Renewing a PR card can be daunting, especially for those who have not met residency requirements. However, renewal based on H+C grounds offers hope for those facing exceptional circumstances or significant hardships, allowing them to maintain or regain their permanent resident status in Canada.
Note: “The information herein is provided for informational purposes only and should not be construed as legal advice. Read our complete Legal Disclaimer on Website”