PR Extension after PR Card has expired

[shah2658]

Hi. The expiry date mentioned on my PR Card is 24th October, 2024. If by the time my PR Card expires, I have only completed 22 months in Canada, can I stay in Canada for 2 more months after my PR Card expires to fulfill the residency requirement of 24 months, and then apply for the extension of my PR Card? Also, before my PR Card expires, if I travel outside of Canada, will I face any issues in returning to Canada since I am not going to be able to complete my residency requirement of 730 days by 24th October 2024 (PR Card expiry date)?

Regards
Anip

[SettlementOrgMod]

Hello There,

Thank you for sharing your situation and question with us.

You will still need to provide travel documentation to enter Canada at the U.S. Based on information on the IRCC website, if you leave Canada with an expired PR card, you will likely need to apply for a Permanent Resident Travel Document to return to Canada.

Starting this process will also start the process to determine whether or not you have lost your PR status. A valid Permanent Resident (PR) card or Permanent Resident Travel Document (PRTD), are the best proof of your PR status for re-entry into Canada.

In terms of the process when re-entering Canada, each time you enter Canada, Citizenship and Immigration may calculate 5 years back from the date you have entered or re-entered Canada to see if you have fulfilled your residency obligation.

The 5-year period is assessed on a rolling basis. This means that Immigration, Refugees and Citizenship Canada (IRCC) will look back at your time in Canada over the previous 5 years from the date that they receive your application.

You can find information on the process that is followed when entering Canada in this Immigration, Refugees and Citizenship Canada (IRCC) ENF 23 - Loss of Permanent Resident Status manual.

Here is an excerpt from the manual on what happens at the port of entry here:

"7.8 Examining Permanent Residents at a POE (Port of Entry)

When a permanent resident appears at a POE for examination, the officer must confirm that the person is a permanent resident. Officers must remain cognizant of the fact the Act gives permanent residents of Canada the right to enter Canada at a port of entry once it is established that a person is a Permanent Resident, regardless of non-compliance with the residency obligation in A28 or the presence of other grounds of inadmissability.

Port of entry officers (POE) can refuse entry to a Permanent Resident only when the person has already lost the status in accordance with the provisions of A46 (such as when a final determination has been made that they have failed to comply with the residency obligations or when a removal order comes into force).

In other words, once a permanent resident’s status is established, the person may enter Canada by right and the immigration examination under IRPA concludes.

If an officer has concerns that a permanent resident has not complied with the residency obligation of A28, the officer should advise the permanent resident when the examination is concluded that they are authorized to enter Canada; however, the permanent resident may wish to answer additional questions so the officer may determine whether their concerns are well founded or not.

In cases where:

• permanent resident status is established;
• the permanent resident refuses to provide any further information and enters Canada;
  and
• the officer believes, on a balance of probabilities that the person is in non-compliance with the residency obligation,

officers may report the person, pursuant to A44(1). if there is sufficient evidence to support an inadmissibility allegation. In the absence of sufficient evidence to support the writing of an inadmissibility report, officers may enter any available information into FOSS (date of entry, last country of embarkation, current address in Canada etc.).

It is also worth noting that not meeting your PR residency requirements doesn’t mean an automatic loss in PR status, you may want to speak to a reputable and registered immigration consultant or an immigration lawyer about travelling back to Canada without a valid PR card.

We hope this information is helpful. If you have any additional questions, please feel free to post them here. You may also want to contact the local visa office or IRCC via web form to get more details about your specific application and what kind of supporting documents you may require.

Sincerely,

Your Settlement.Org Team