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Maintaining Canadian Permanent Residency Status outside Canada to be with Blind Daughter

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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About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the Associate Member of the American Bar Association. Read more

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78 thoughts on “Maintaining Canadian Permanent Residency Status outside Canada to be with Blind Daughter

  1. Edwin

    I’m applying for Canadian PR under Express Entry program. I’m only starting so I still have a long way to go and wait. However, I’m not very hopeful as my eyesight is not great. I have a vision problem that only allows me to see 20/80 – 20/70 on the eye chart. I do not know to what extent will my eyesight affect my PR application. I may have low vision problem but I’ve been studying and working non-stop. And to be honest, I have never considered myself to have a visual problem because I have achieved things just as anyone with normal vision. However, I understand that immigration Canada might not agree with my opinion. I’m hoping to hear from you.

    Reply
  2. Leslie

    Hi,

    I was granted a PR in May 2014 and my PR expires in May 2019. I haven’t lived in Canada yet and have a good job in a different country . If I move to Canada before my PR card expiration (January 2019) my understanding is that I can apply to renew my card 2 years after , January 2021. So the period between May 2019 and January 2021 what is my status while I am living in Canada? A permanent resident with no permanent resident card? Can I have a job in that case? Am I considered illegal?
    Thank you

    Reply
    1. Immigration Lawyers

      Hi Leslie,
      Thank you for your inquiry, I’m glad you contacted us! I can understand how your PR situation may be confusing and the thought of being illegal can be scary but don’t worry we can answer all of your questions. We have helped thousands of clients in similar situations like yours, and we may be able to help you! I do need to take a closer look at your case. Hiring an immigration lawyer will help you get answers to all of your questions plus it will also increase the chance of approval of the visa you are inquiring. Please, complete this form for me http://www.visaplace.com/immigration-assessment/ it is just a quick and easy way for me to learn more details about you and your situation so that I will be able to advise you accurately and determine the best avenue for us to take to give you the best legal advice.

      The above response is for informational purposes only and does not form a lawyer-client relationship nor should it be construed to be legal advice.

      Reply
  3. Mari Nar

    Hello,
    I am sponsoring my mother in law and sister. The application now in the visa office pending visa issuance. If my sister comes to Canada and married here, will I be still responsible for her for 10 years? What is she and her husband could not get a job and have to apply for welfare, will I still be responsible for her? Due to the economy situation in Alberta, I am thinking to bring only my mom now. if the visa is issued for both, can only my mom come and my sister not? Can I request the visa office to issue only for my mom.
    Thank you very much for the assistance.

    Reply
    1. Immigration Lawyers

      Hi Mari,
      Thank you for your inquiry, I’m glad you contacted us! I can understand how the laws and regulations for visas can be very frustrating. Here at VisaPlace we have helped thousands of clients in their same situation. Hiring an immigration lawyer will help get you all your legal questions, it will also increase your chance for visa approval. Please, complete this form for me http://www.visaplace.com/immigration-assessment/ it is just a quick and easy way for me to learn more details about you and your situation so that I will be able to advise you accurately and determine the best avenue for us to take to help you obtain the best legal advice.

      The above response is for informational purposes only and does not form a lawyer-client relationship nor should it be construed to be legal advice.

      Reply
  4. Mberja

    I am a Canadian citizen and my wife have a PR card as a permanent residence, I am her sponsor .

    She landed in Canada Sep 2015 and stayed 3.5 months, she received her PR card that valid for 5 years , and she left with me Canada because I am now working in a work assignement oversea outside Canada and every year my wife will spent about 2-3 month in Canada .

    Since I am a Canadian can my wife stay with me outside Canada without loosing her Stays and her PR card ?

    Reply
    1. Muga Rajbhandari

      Hello Mberja. Yes. The time spent with you abroad will count towards your wife`s physical residency requirements. You must keep detailed records of where you were, and proof that your wife was with you. Pictures are a good way of showing that.
      Regards, Muga

      Reply
      1. MichealBerj

        Hi,

        I am Canadian citizen and working outside Canada and I have declared as non-residence to Revenue Canada since I will be working way for 3 years or more outside Canada , My wife has her PR Card and she is a Permanent Resident of Canada since Sep 2015. Now she is leaving with me outside Canada because of my job and I can proof her stay with me with photos and others means. She is not working.

        If she declared Non-Resident because I have declared Non-Resident to Revenue Canada , does she loose her PR card and her Permanent residence status?

        Please advise
        Thanks

        Reply
        1. Muga Rajbhandari

          Hello Michael. Declaring your wife as a non-resident for income tax purposes may have an effect on your wife’s PR status. When her file is reviewed at the time of her renewal, there may be a cross-reference with CRA. If that happens the issue may be flagged. You would be best to check with a tax specialist to see if your expected gains out weigh the potential problem.
          Regards, Muga

          Reply
  5. Eric

    Our Daughter (14Years) is a Permanent Resident of Canada and she has been leaving outside Canada for about 4years now. Her PR card just expired. We want to apply for a travel document for her. We are wondering if they will grant her a permit to re-enter Canada.

    Reply
    1. Vahe Mirzoyan

      Hello Eric. Permanent Residency requires 724 days in Canada in the 5 year period of the PR card. Your daughter will have to come to Canada to renew her card. She will need a travel document to come to Canada, since her PR card has expired, even though she still has her PR status. As part of the PR card renewal application, an explanation will have to be submitted as to why the minimum stay requirements were not met. I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for your daughter, and suggest how best to retain her PR status. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Vahe

      Reply
  6. Richie

    Hi. I landed in Canada last year (April 2015) but went on extended vacation in the US after 6 months. I am returning to Canada after 6 months next week. Do I risk losing my PR status? Thank you.

    Reply
    1. Vahe Mirzoyan

      Hello Richie. As long as your PR card is still valid, and that you have not overstayed the 6 month period, you should not have any problems.
      Regards, Vahe

      Reply
  7. Mr. Malik

    Hi
    I landed in canada in march 2013 along with my family and stayed for 8 months . My pr card will expire in may 2018.
    1. Can we still move to canada
    2. We have baby out side canada. How we will take him to canada. Did he need visa to enter.
    3. Do we need some services of Canadian lawyer to solve the things legally

    Reply
    1. Vahe Mirzoyan

      Hello Sir. Thank you for writing to us. Yes, you can still move to Canada. For your child, you must apply for a sponsorship since your child was born outside of Canada. Your situation is not simple because of the time you spent away from Canada and your baby having a foreign citizenship. I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Vahe

      Reply
  8. Scarlet

    Hello
    I am about to apply for permanent residency, if it is granted, can I land in Canada after 2 years?

    Reply
    1. Vahe Mirzoyan

      Hello Scarlet. You have to land in Canada before your medical exam results expire.
      Regards, Vahe

      Reply
      1. Heidi

        How long are medical results good for? I am considering having my wife sponsor me while we live in the US, she was born in Canada. If granted residency will I have to move there right away? What happens if we decide to stay in the US after being approved for residency, does it mean I will not be able to get residency later in life if we decide to move there?

        Reply
        1. Muga Rajbhandari

          Hello Heidi. Medical records are usually valid for one year. I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you. You can book an appointment by calling us at 1-416-410-7484 or online at http://goo.gl/JFZqPm
          Regards, Muga

          Reply
  9. Paritosh

    Hi
    I am PR of canada since 30th June 2014 and living here in canada (3months)
    We have a baby due in Jan 2015. we are planning to return to our home country after that, to have better care of baby and my wife. (as I am well established there compare to here).
    In case if we didnt return in 2-3 years than,
    Can we get 730 days obligation fulfilled as we have accompined canadian citizen (my new born child)?
    I am asking this question because if not than we can return home country immidiately and have a child there it self.
    as later I can put his/her PR based upon our PR status whenever we plan to retuen.

    Reply
    1. owen

      Hello Paritosh,

      Thanks for the question. Based on the information you provided, you would most likely be able to fulfill the PR requirements when you accompany your Canadian citizen child abroad. Please let us know if you have any more questions.

      Regards,
      Owen

      Reply
  10. Fernandes

    Hi, I am an indian, worked in the Netherlands, Singapore, etc and am blind. I want to apply for a Canadian PR along with my husband and son. Are the Canadian rules still against allowing people with a challenge into the country, even though the person has worked in reputed companies, has a good education, etc?

    Reply
    1. owen

      Hello Fernandes,

      Thank you for the question. Although medical inadmissibility can be a reason for people being denied entry into Canada, the immigration official will likely weigh the risks and benefits of allowing you to enter (they would consider if your medical condition is a public health risk and if you would be an undue burden on the Canadian health care system). It would be best to speak with one of our immigration lawyers, who would be happy to give you personalized advice regarding your situation. Please fill out our free online assessment form and one of our immigration professionals will be in touch with you shortly http://www.visaplace.com/immigration-assessment/

      Regards,
      Owen

      Reply
  11. ALi AL Ali

    IM a PR in CANADA, I land with my wife on June 2011. we left Canada as I cant find a job, return to my country and work, still applying trying to get a job in Canada and don’t want to move without having the ability to work.

    We have our first baby in Canada Sep 2013, but he die after 2 days, we plan to have another baby early 2015 and deliver the baby in Canada.

    we plan also to buy a condo or house in Canada next year. my PR card will expire on Aug 2016. when is my limit to come to Canada and live there. I don’t want to lose my residency in Canada, and at the same time I don’t want to come now with no income, so I will work in my country and collect the max amount I can, to spend when I come permanently to Canada.

    is that true I can renew my PR card even if I came to Canada few days before its expired ? will I lose my Canadian PR if I don’t come by this year ?

    Thanks

    Reply
    1. Nargiza Shaibekova

      Hello Ali,

      The residency requirement for the PR holders are 730 days in the last 5 years. Which means you have to physically be in Canada for those 730 days (2 years). If you are not meeting the requirements you can loose your PR status and they might not renew your status as PR. There is the possibilities you can renew your card after the few days before it expires, however, you will still need to be in Canada 2 years out of 5. In general I can see that you have to enter before June 2014, however we need to calculate your exact dates you were in Canada and then we will be able to see if you have to come this year and when is the latest you can enter Canada. June is the next month and I would encourage you to contact us and get advice with the proper consultation.

      Reply
  12. Nitu

    Hi,

    My husband’s brother is a Canadian Permanent Resident residing in Canada. We wish to apply for Canadian PR as my brother-in-law will support us. I am on a student visa in the U.K. and my course will be finished soon. I just want to confirm whether I can apply for Canadian PR.

    Reply
    1. Alicia Kim

      Dear Nitu,

      Your brother-in-law may only sponsor your husband if your brother-in-law must be an orphan, under the age of 18 and not a spouse or common-law partner. Based on the information given, it doesn’t seem that your brother-in-law qualifies as a sponsor.

      It is difficult for me to list all of the options for immigration to Canada for you here. I need much more background information from you including your education, work history, and family members in Canada. Depending on your professional work experience and education, you may qualify for Canadian Permanent Residence based on your employment history or employment in Canada (i.e. you have a job offer in the specified job categories). To better assess your options, I really need more information from you.

      If you have a job offer in Canada, you may also apply for a work permit as a temporary foreign worker. Although your work permit will be approved for a maximum of three years at a time, if your occupation is one of the high skilled ones, you may qualify under the Canadian Experience Class after two years which will give you permanent resident status. In addition, you may qualify as a Federal Skilled Worker based on your work history or arranged employment.

      There may be a few options available for you to come to Canada. I suggest that you consult with a qualified immigration attorney with more detailed information in order to better assess your situation.

      Reply
  13. Anis

    pleas reply

    Reply
    1. Alicia Kim

      Dear Anis,

      Please see my answer above. Thank you.

      Reply
  14. Anis

    My wife and I are permanent residents of Canada. We received our PR
    cards almost three years ago. Our PR cards will expire on 15 June 2014.
    I got PR card under the Federal Skilled Worker category. We had spent only one
    month in Canada after landing. Our 730 days period begins from 14 July
    2012. We were interested moved permanently to Canada on July, 2012. But we
    cannot do this now because my wife is pregnant. We are really thankful because she has a long history of
    miscarriage. That’s why doctors advice us that we should not to move to
    Canada until she gives birth. Without me no one can look after her at this
    moment.

    We can plan to move early of the next year with the baby. Is it
    possible to extend the expiry date of PR card? We are afraid of not
    completing the 2 years required to keep our PR status. Will CIC allow to
    stay Bangladesh another 7 to 9 months?

    Need you advice. How can we maintain our residency status under these circumstances?

    **Landing in Canada: 5 June, 2009

    Leaving Canada: 5 July 2009

    PR card Expiry: 15 June 2014

    Thanks in advance

    Anis

    Reply
    1. Alicia Kim

      Dear Anis,

      Thank you for your question and congratulations on your baby.

      Please note that it is only your PR Card that expires not your status as PR. So, as long as you enter Canada during the validity of your PR Cards, you may enter Canada as Permanent Residents of Canada and may remain in Canada until you fulfill your residency obligation. When you will have met your residency obligation, you may apply for a PR Card renewal while you are in Canada.

      However, if your PR Card expires while you are outside Canada, it will be much more difficult for you to enter Canada. In this case, you would have to apply for a Travel Document and approval of this type of application greatly depends on the discretion of the officer reviewing your case. If you have not met your residency obligation at the time of your Travel Document application, your chances of getting approved are lower.

      Thank you.

      Reply
  15. Karis

    Hi,

    I will be renewing my PR card next year. I already met the residency requirement and am currently working here in Alberta. When I applied for PR, I applied together with my family. However, my wife and I were separated a year after it was approved. I intend to file the divorce this year. I was the one who sponsored them. All of my five children are now of legal age and are currently working. Would there going to be any problem if I file a divorce before the renewal? What are the possible grounds for not getting approved for the renewal of PR? Thank you and more power.

    Reply
  16. Girish

    Dear Alicia

    I am not able to complete 730 days in 5 years due to working outside of Canada. But my wife and child live in Canada and have completed 730 days obligation. Based on this Can I still maintain my Canadian Residency.
    Thanks

    Reply
    1. Alicia Kim

      Dear Girlsh,

      If you do not meet the residency obligation, you may not be eligible to renew your PR Card unless you qualify under one of the exceptions (i.e. Canadian business exception).

      In your case, you would have to apply for a PR Card renewal based on the Humanitarian & Compassionate grounds. In order to be successful, you need to prove strong ties to Canada and if your wife and child have met the residency obligation and will reside in Canada, this will definately help make a stronger application for you. Please note that this type of application is highly discretionary and you need to clearly explain why you were not able to fulfil the residency obligation and present humanitarian and compassionate factors in a convincing manner along with ties to Canada. As such, I suggest that you consult with a qualified immigration lawyer to prepare your application.

      Hope this helps.

      Reply
  17. Vidette Guyamin

    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”?

    Reply
    1. Alicia Kim

      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.

      Reply
  18. Sanjay Gaur

    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.

    Reply
    1. Alicia Kim

      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.

      Reply
  19. Sanjay Gaur

    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.

    Reply
    1. Alicia Kim

      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.

      Reply
  20. Vidette Guyamin

    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?

    Reply
    1. Alicia Kim

      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.

      Reply
  21. Hemali

    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 ?

    Reply
    1. Alicia Kim

      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.

      Reply
  22. hemali

    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.

    Reply
    1. Alicia Kim

      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.

      Reply
  23. Sam

    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?

    Reply
    1. Alicia Kim

      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.

      Reply
  24. hardik

    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.

    Reply
    1. Alicia Kim

      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.

      Reply
  25. dan

    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

    Reply
    1. Alicia Kim

      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.

      Reply
  26. binnu

    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?

    Reply
    1. Alicia Kim

      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.

      Reply
  27. Khan

    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!

    Reply
    1. Alicia Kim

      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.

      Reply
  28. Jessica

    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

    Reply
    1. Alicia Kim

      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.

      Reply
  29. Aniva

    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

    Reply
    1. Alicia Kim

      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.

      Reply
      1. Aniva

        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

        Reply
        1. Alicia Kim

          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.

          Reply
  30. SAMIR SHAH

    Dear Alicia,

    If I want to appeal after my PR Card was refused, within how much time should I file my appeal?

    Thank you.

    Reply
    1. Alicia Kim

      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.

      Reply
  31. chetan

    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

    Reply
    1. Alicia Kim

      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.

      Reply
  32. SAMIR SHAH

    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

    Reply
    1. Alicia Kim

      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.

      Reply
      1. SAMIR SHAH

        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

        Reply
        1. Alicia Kim

          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.

          Reply
  33. Pawan K Sharma

    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?

    Reply
    1. Alicia Kim

      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.

      Reply
  34. Pawan K Sharma

    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?

    Reply
    1. Alicia Kim

      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.

      Reply
  35. ali.zehtab

    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?

    Reply
    1. Michael Niren

      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.

      Reply
  36. mini

    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?.

    Reply
    1. Michael Niren

      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.

      Reply

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