Can you keep your Canadian Permanent Residency Status while living outside of Canada?
I sponsored my mother for Canadian Permanent Residency and she was approved about 3 years ago. She had only visited Canada once for about 2 weeks since she became a Permanent Resident. She had not moved to Canada because my sister was not approved for Canadian Permanent Residency Status when I sponsored her as a dependent of my mom (my sister is legally blind and above the age of a dependent). My mom doesn’t want to leave my sister behind alone with her condition. She also does religious missionary work at her temple. Is there anyway she can maintain Canadian Permanent Residency Status if she won’t be able to move to Canada for at least a few more years? Any help would be greatly appreciated
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Maintaining your Canadian Permanent Residency Status
Your mother could maintain her Canadian Permanent Residency Status if she has not met the normal residency requirements (living in Canada for 2 years within the last 5 years), if there are humanitarian and compassionate grounds to justify her absence from Canada. In this case, if she can demonstrate that being with her daughter given her medical condition is necessary, she may have a case. However, I am curious as to why your sister who is legally blind was refused for Canadian Permanent Residency Status as a dependent in the first place (despite her age).
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I reached Canada on 11 june 2009 as a New immigrant.
After applying for PR card I returned to India in 18 June 2009. I had authorised my friend in Canada to receive my PR card. Unfortunately Canadian Immigration Centre denied my PR card renewal due to some mismatches in the specifications of photograph. So they need a new photograph for issuing PR card.The problem is that I have no visa/PR card to re-enter canada for rectifying the photograph.In the letter that I received from CIC centre, it mentioned that I should submitt a new photo in person within 180 days of receiving their letter. At present I am not in a position to move to canada. Can I re-apply for pr card during my next visit? Kindly guide me to solve this problem.Is it possible to rectify this problem through Canadian Embassy in India?.
You can apply for a travel document (or Facilitation Document) showing your CIC letter to the Canadian Embassy in India. That way you can travel to Canada to get your problem resolved.
I’m a person who are visually impaired. I live in Iran. How can I get the canadian residency?
I have bachelor of arts degree [translation of English as SL to Farsi] Would you please help me?
Hello
Unfortunately, you may have difficulty qualifying for Canadian Permanent Residence due to our very challenging immigration system. Our medical inadmissibility laws would likely prevent you from qualifying. Canada’s universal health care system that entitles Canadians and Permanent residents to basic heath care. This makes it hard on intending immigrants who may cause a “burden on the health system”. You could consider applying under Humanitarian and Compassionate grounds but it would be a long shot.
Hi,
I am about to lose my PR status. I could not meet my residency obligation because of my father’s illness. My father suffered from lung cancer and passed away a month ago. My other family members still have their PR Card valid for another 9 months. What should I do if I want to return to Canada?
Dear Pawan,
You can renew your PR Card based on the Humanitarian and Compassionate grounds. In your renewal application, you may explain that you were not able to meet your residency obligation in order to take care of your father. The fact that you have family members who are permanent residents in Canada will strengthen your ties to Canada and therefore strengthen your case.
In order to return before you renew your PR Card and after your PR Card expires, you may apply for a Travel Document. This application is for permanent residents who are outside Canada and who do not have a valid permanent resident card to return to Canada.
Hi Alicia,
I got my PR Card on April 30, 2007 and so far I have stayed for 188 days in Canada. As I previously mentioned, it was because of my father-in-law’s illness. I am able to return to Canada now as my father-in-law passed away. My PR Card expires today. Can I still return to Canada and renew my PR Card?
Dear Sharma,
I am so sorry to hear about your father-in-law.
You may renew your PR Card while you are abroad. You do not have to be in Canada to renew your card. You just need to be present personally when your PR Card Renewal is granted and you are asked to pick up your new PR Card.
If you still wish to return to Canada today, you should apply for a Travel Document.
Thank you.
Hi,
I did not meet the residency obligation for my PR Card due to some family problems. I have a three year old Canadian citizen child. How can I continue my PR status?
sameer
Dear Samir,
Even if you did not meet the residency obligation, you may still renew your PR Card based on the Humanitarian and Compassionate grounds. To get approved under this ground, you should demonstrate strong ties to Canada. The fact that you have a Canadian citizen child is certainly very helpful. For example, you may state in your submissions that it is not in the best interest of your child to be separated from his/her parents.
Hi Alicia Kim,
Thanks for your prompt response.
You mentioned that I can still renew my PR card based on the Humanitarian and Compassionate ground. But, how can I do it? Can I do it in my home country through a Canadian visa office? Is there a way to return to Canada with my expired PR card? What would be the total expenses involved in this process?
samir
Dear Samir,
You can apply for a renewal while you are in your home country and mail your completed application package (including the application forms, IMM 5444 and IMM 5455 and any other documents required) to Sydney, NS in Canada. The application fee is CAD $50.00 per applicant.
You may return to Canada by applying for a Travel Document.
Thank you.
Hi Alicia,
If you are outside of Canada (e.g., in UAE) and need to send in your PR card renewal application, how can you get an original IMM 5455? I understand from the cic website that IMM 5455 can only be sent to a canadian address. Please help.
Thanks,
Chetan
Dear Chetan,
Please refer to the visa office responsible for your area. They may have instructions on getting the IMM 5455 forms for those who wish to apply for PR Renewal. In the alternative, you may ask someone in Canada (i.e. your cousin or friends) to receive the form for you and forward it to you.
Hope this helps.
Dear Alicia,
If I want to appeal after my PR Card was refused, within how much time should I file my appeal?
Thank you.
Dear Samir Shah,
After your application for permanent residence is refused, you must appeal within 60 days of receiving the refusal. Upon receiving the appeal notice, the Immigration Appeal Division will hold a hearing to determine whether the decision to deny your PR card was correct.
Thank you.
Hi,
We are Canadian permanent residents since last year. At the moment, we are living in the UK. I am doing my PhD here and going to finish next year with a possibility of employment as a researcher at the faculty. If I take this position I might not be able to fulfill my residency obligation. I am pregnant now and going to have a 2nd baby very soon. My understanding is that if we stay outside canada with a Canadian citizen, we can count this period. So, I am planning to have our baby in Canada. But, I am not very sure whether I understood the rules.
I would be very grateful if you could advice me.
Thanks,
Aniva
Dear Aniva,
As a rule, you may count each day that you accompanied a Canadian citizen outside Canada provided that the person you accompanied is your spouse or parent. So, you won’t be able to count the period of time you accompany your Canadian child.
However, you may apply under the Humanitarian and Compassionate grounds in order to renew your PR. These are for people who do not qualify under the general exceptions to satisfying the resdiency obligation. Our office often assists clients in renewing their PRs when they have not been able to fulfil their residency obligation due to their education or employment outside Canada.
Thank you.
Dear Alicia,
Thanks for your reply. Then what happens if I give birth to my baby in the U.K. How can I apply for PR for my baby. Is it possible to apply from the U.K.?
Thanks,
Aniva
Dear Aniva,
Since Permanent Residents cannot apply for sponsorship while residing outside of Canada, you will have to move back to Canada with your new born baby. You may have to apply for a Temporary Resident Permit in order to bring your baby to Canada and then apply based on Humanitarian Compassionate grounds for your baby. However, I suggest that you consult with a qualified immigration lawyer with more detailed information to ensure the proper steps to take for your baby.
Thank you.