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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Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially
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.
Dear Alicia,
My husband is a Candadian citizen and I am an American with Permanent Residency in Canada. My husband would like to take a position in the States, however I am worried about losing my Canadian Permanet Resident status. Is it true that if I accompany my husband to the U.S., than I need not worry about losing my PR status, because my husband is a Canadian citizen?
Thanks,
Jessica
Hi,
I became a Canadian Permanent Resident three years ago. I have been residing outside Canada with my Canadian citizen wife for 5 years. Did I meet the residency obligation and how can I apply for my Canadian citizenship?
Thanks!
Dear Jessica,
You are correct. You may count each day that you accompanied a Canadian citizen outside Canada provided that the person you accompanied is your spouse.
Thank you.
Dear Alicia,
After becoming a permanent resident of Canada, I had to leave Canada in 2002 to attend to my grandfather’s illness in India. I remained in India for about 300 days and my father, who is also a permanent resident of Canada, remained in India for about 900 days. We were unable to pick up our PR Cards when we left Canada in 2002. Can we still return to Canada?
Dear Binnu,
Canadian permanent residents who are outside Canada and who do not have a valid permanent resident card may apply for travel documents. However, you are not guaranteed to get the travel document and it is up to the officer’s discretion to issue you a travel document or not. One of the considerations is whether or not you have met your residency obligation in Canada – i.e. Your chances will be higher if you have met the residency requirements.
Based on the facts you have provided, it seems that you have not met your residency obligation and your PR Card would have expired in 2007 as PR Cards are valid for only five years. I would need more detailed information regarding your situation (i.e. ties you estalbished to Canada and circumstances surrounding your family emergency in India) to better assess your case. However, based on the information given, I recommend that you make an application for a travel document based on humanitarian and compassionate grounds by clearly explaining why you had to be outside of Canada and why you should be allowed back in Canada. You would need to enclose strong evidence and documentation to support your case.
Then, once you enter Canada with a travel document, you should apply for a PR renewal application again based on humanitarian and compassionate grounds.
Since you have been outside Canada for an extended period of time (from 2002 until today), it seems that your application needs to be particularly convincing. I strongly recommend that you consult with a qualified immigration lawyer to prepare a clean and convincing application for you and to figure out what kind of supporting documentation you would require to strengthen your case.
Thank you.
Dear Khan,
To meet the residency obligation for a Permanent Resident Card renewal, since you have been a permanent resident for less than five (5) years, you must show that you will be able to meet the minimum of 730 days physical presence in Canada at the five (5)-year mark. You may count the days spent outside of Canada towards satisfying the residency obligation if you accompanied a Canadian citizen spouse. Based on the information provided, you seem to have met the residency obligation for a PR card renewal.
To become a Canadian citizen, you must have permanent resident status in Canada and must have lived in Canada for at least three years (1,095 days) in the past four years before applying. Based on the information given, it seems that you might not have met the residency obligation to apply for Canadian citizenship.
You would have to first make an application for a PR Card renewal. Then, you would have to apply for Canadian citizenship when you will have lived in Canada at least for three years before applying.
I suggest that you consult with an immigration lawyer with more detailed information to better assess your possible options.
I am a canadian permanent residence, but then i’m intending to study elsewhere (i.e USA).
Can i keep my Canadian Permanent residence? Since studying elsewhere may take more than 3 years out of 5 years? Will they take a special consideration for permanent resident who studies abroad.
Thanks
Dan
Dear Dan,
Please note that in order to for you to maintain your permanent resident status and to be eligible for a permanent residence renewal application, you have to fulfil the residency requirement by physically present in Canada for 2 years within the five year period preceding the date of application.
If you do not meet the residency obligation, you may still apply for a renewal based on humanitarian and compassionate grounds. You would have to make it clear in your legal submission that you were attending school outside Canada. To strengthen your application, you may also have to include how you can contribute to Canada with your education from the U.S.
This type of application is highly discretionary and requires convincing arguments supported by sufficient evidence and documentation. As such, I recommend that you consult with a qualified immigration lawyer when you prepare your renewal application.
Thank you.
I am a new immigrant of Canada. I landed about fifty days ago. Today is my 33rd business day in Canada but I have not received my PR card yet. I am in Scarborough with my wife and daughters.
Some of the people here are telling nowadays the government is sending PR card after 4 months or longer.
But the CIC website is showing 35 business days. I have not received my PR card until date. On my arrival the visa officer told me that I will get my PR card in 4 to 6 weeks.
Now my mother in India is ill and she needs me and my family because she is alone there.
The lending papers are the only documents I have with me.
So I need your advice.
(1) What should I do? Should I still wait for 35 business days to be completed or I should directly go to CIC office?
(2)If I have to go urgently to India to look after my mother, what should I do? How can I come back to Canada?
(3)If I go back to my country without a PR Card, will they cancel my permanent residence status?
Please send me information as soon as possible. I am confused and need immediate help.
Thanking you.
Dear Hardik,
I strongly suggest that you wait until you receive your PR Card before you travel outside Canada. If you still have not recieved your PR Card and you have to urgently exit the country, it might be a good idea to contact an immigration lawyer to expedite the process or to follow up with Immigration on the status of your PR Card. You do not have to go to the CIC office unless you recieve a notice that your PR Card is ready for pick up.
Should you leave Canada without obtaining a PR Card, you may do so. However, you would have to apply for a Travel Document at the visa office responsible for your area to be able to come back to Canada. Please note that a Travel Document application is not automatically granted and the officer reviewing your application will exercise his/her discretion to approve or refuse your application. This can be a difficult application depending on the circumstances and we have a lot of clients who sought professional assistance to apply for a Travel Document.
Your Permanent Residence status is not going to be cancelled even if you travel outside Canada without a PR Card. What’s important is that if you leave the country and your Travel Document application is not approved, you won’t be able to get back into Canada. This will prevent you from meeting your residency obligation.
Thank you.
My mother’s application for a PR Card renewal is pending. But, she left to her home country to look after my father. Her PR Card is going to expire soon. What does she have to do when her PR Card expires?
Can your office help?
Dear Sam,
Please note that your mother needs to prove that she has valid permanent resident status when she returns to Canada and a valid PR card is the best proof of her status. So, should her PR card expire while she is outside Canada, she would have to apply for a Travel Document at the visa office responsible for her area.
Approval of a Travel Document application is not automatic. If she has met her residency obligation, it will be more likely that her travel document application will be approved. However, if she has not met the residency requirement she may make humanitarian and compassionate arguments. The decision whether to grant her a Travel Document in this scenario will depend on the immigration officer reviewing your file and the chances of getting approved is lower.
A Travel Document application based on Humanitarian and Compassionate grounds needs to explain the reasons why she had to leave Canada (i.e. employment/education outside Canada or illness of family members outside Canada etc) and why she wishes to return to Canada clearly and argue that there are sufficient Humanitarian and Compassionate grounds to approve the application.
Since a Travel Document application requires convincing arguments and supporting documentation, I suggest that you consult with a qualified immigration attorney with more detailed information to better assess your mother’s situation and prepare a strong application.
Hope this helps.
Hi Alicia,
I am a Permanent Resident of Canada. I got my PR card 3 months before. Now I am in India because I have to finish my studies in India. It will take one more year to finish all my studies before I can return to Canada. One of my friends told me that a person carrying a permanent resident card should visit canada at least once in six months. Is this true?
I am confused, Please send me the correct information as soon as possible.
Dear Hemali,
As a permanent resident of Canada, you have to meet the residency obligation – you have to reside in Canada for at least 2 years during 5 years – to be eligible to renew your PR Card. As long as you finish your studies next year and live in Canada for two years in the five year period before submission of your PR Card renewal application, you should be eligible to renew your PR Card.
Similar to your situation, our office has had a few clients who had education outside Canada and were unable to fulfil the residency obligation. If you do not meet the residency obligation and still wish to apply for a renewal, you may be able to make humanitarian and compassionate arguments. However, approval of this type of application is not automatic and requires persuasive legal arguments and sufficient documentation to suppor your arguments.
Thank you.
Hi Alicia,
Thanks for your response and help.
I am sure that I will meet residency obligation, because I am going to canada after one year and
then stay there.
But my question is that at present whether I should visit canada once in every six months, to keep my PR card active ?
Dear Hemali,
It is not necessary for you to visit Canada once every six months. As long as you meet the residency requirements, you will be eligible to renew your PR Card.
Thank you.
Hi! My father and mother in-law are already Permanent Residents of Canada and have complied with the residency requirement. They have been issued their PR Cards already. Right now they are here in the Philippines for a visit and intend to stay longer than their usual visits. Is this okay?
Hi,
My family landed in Canada in 2005. We stayed in Canada for a month and left for Kuwait. Our PR cards expired in 2010. Now, my son was admitted to the University of Toronto. My question is whether there is anyway to revive our expired PR Cards. Please advise. My son will be entering Canada to study on a valid study permit.
Dear Vidette,
If they have resided in Canada for two years in the five years preceding the application, they will be eligible to apply for a PR Card renewal. The information provided is not very clear on whether they have been issued their renewed PR Cards or not; however, as long as they have met this requirement, they may stay outside Canada for a longer period of time.
Hope this helps.
Dear Sanjay,
Please note that it is his PR Card that expired, not his status as a permanent resident. Once he enters Canada and stays, he will be eligible to apply for a PR Card renewal upon meeting the 730 days residency obligation. It is not very clear from the information you provided whether your son has applied for a study permit or not. Is he entering Canada on a Study Permit to attend the University of Toronto? Has he entered Canada already on a study permit?
This applies the same way for your family members. However, this will be more difficult because they would require a visa to enter Canada. When you apply for a temporary visa to enter Canada, you may also experience difficulties in proving your dual intent as a temporary resident and a permanent resident.
Alternatively, you may apply for a Travel Document to enter Canada. A Travel Document is proof that you have valid permanent resident status when you return to Canada and a valid PR card is the best proof of your status. So, should your PR card expire while you are outside Canada, you would have to apply for a Travel Document at the visa office responsible for your area.
However, approval of a Travel Document application is not automatic. If you have met your residency obligation, it will be more likely that your travel document application will be approved. However, if you have not met the residency requirement you may still apply but under the humanitarian and compassionate grounds. The decision whether to grant you a Travel Document in this scenario will depend on the discretion of the officer reviewing your file and thus it is very important to present convincing arguments with sufficient documentation to support the arguments.
Based on the foregoing, I suggest that you consult with an experienced immigration lawyer to better assess your situation and come up with the best solution for you and your family. Your lawyer may be able to look closely into your son’s entry on a study permit to ensure his successful entry to Canada at the port of entry.
Thank you.
Dear Alicia
Thanks for wonderful information provided by you. But let me know if we can apply immigration again. It may take sometime but at least we can enter again legally in Canada.
They have been issued their renewed PR cards. So how long is “they may stay outside Canada for a longer period of time?” Can you be more specific like “more than a year”?
As long as they meet the residency obligation (two years in the past five years preceding the PR Card Renewal application), you may remain outside Canada for a longer period of time. For example, if you were issued a PR Card in January 2005 and have resided in Canada for two years from January 2005 until January 2007, you would still be eligible to apply for a PR Card renewal in January 2010 even if you remained stay outside Canada from February 2007 until January 2010.
Dear Sanjay,
As per your email last week, it was my understanding that you were no longer interested in Canadian permanent residence and you only needed to ensure that your son gets his Study Permit.
As discussed in my previous answer, your PR status has not expired and as long as you can enter Canada and maintain valid status in Canada until you meet the residency obligation, you may apply for a PR Card renewal.
Thank you.