PR Status

[emily]

Hello,

I received my first PR card in 2013.

My husband and I have moved out of Canada approximately 5 months after I got my permanent resident status.

He has been working outside the country since then and we are planning to move back to Canada next year(2017).

Would I be able to renew my PR card and keep my status?

I believe I read somewhere that I have to be in the country the last two years out of five, but would be okay if my husband who is a Canadian citizen is working outside of Canada?

Thank you for the help!!

[SettlementOrgMod]

Hello,

Thank you for sharing your question with us.

You can find some detailed information in the Immigration, Refugees and Citizenship Canada Operational Manual ENF 23 - Loss of Permanent Resident Status.

According to the Operational Manual ENF 23 - Loss of Permanent Resident Status,

7.5. Accompanying a Canadian citizen outside Canada

R61(4) provides that each day a permanent resident is outside Canada accompanying (that is,ordinarily residing with) a Canadian citizen constitutes a day of physical presence in Canada,provided that the Canadian citizen they are accompanying is a spouse or common-law partner or parent. In the case of a permanent resident outside Canada accompanying a Canadian citizen, it is not necessary to determine who is accompanying whom, nor is it necessary to determine for what purpose. In other words, under A28(2)(a)(ii) and R61(4), as long as a permanent resident is accompanying a Canadian citizen, the intent and purpose of their absences are not relevant as the residency obligation is met.

So from the situation described, each day a permanent resident is accompanying a Canadian citizen spouse or common-law partner outside Canada, constitutes a day of physical presence in Canada for your permanent residence requirement. It is interesting to note that it also states,

In the case of a permanent resident outside Canada accompanying a Canadian citizen, it is not necessary to determine who is accompanying whom, nor is it necessary to determine for what purpose.

In other words, under A28(2)(a)(ii) and R61(4), as long as a permanent resident is accompanying a Canadian citizen, the intent and purpose of their absences are not relevant as the residency obligation is met.

(Italics and Bold ours)

You can find some additional information in the Immigration, Refugees and Citizenship Canada -How long must I stay in Canada to keep my permanent resident status? FAQ. Here is an excerpt,

Residency Requirement

To maintain your status as a permanent resident, you must live in Canada for at least two years within a five-year period. During this time you must be here physically.The two years may not need to be continuous.

An officer can confirm if your time in Canada counts when you:

• re-enter Canada, or- apply for a permanent resident card.

Time spent outside Canada may also count towards the two years if you are:

• travelling with your spouse or partner who is a Canadian citizen,- a child travelling with his or her father or mother who is a Canadian citizen,- an employee of (or under contract to) a Canadian business.

It may also count if you are:

travelling with your spouse or partner who is a permanent resident and works full-time for:

• a Canadian business, or- the public service of Canada or a province,

In terms of renewing your PR card, unfortunately, it is also important to note that you cannot apply to renew a PR card from outside Canada.

According to the ENF 27 Permanent Resident Card manual,

R56(2) states clearly that a PR card application must be made in Canada.[…]The CPC may refer a case to a local CIC if all or part of the application originated from outside Canada, and if there are questions as to the client’s identity, status or residency history, or the authenticity of the documentation. Clients must report in person to pick up their card in Canada, in accordance with R58(3).

You can find some information on the IRCC website in the I am outside of Canada and do not have a PR card. How can I return to Canada? section.

Here is an excerpt,

I am outside of Canada and do not have a PR card. How can I return to Canada?

Canada’s entry requirements are changing

Permanent residents (PR) of Canada must carry and present their valid PR card or permanent resident travel document (PRTD) when boarding a flight to Canada, or travelling to Canada on any other commercial carrier. If you do not carry your PR card or PRTD, you may not be able to board your flight, train, bus or boat to Canada.

It is your responsibility to ensure that your PR card is still valid when you return from travel outside Canada, and to apply for a new PR card when your current card expires.

Returning by private vehicle

There are other documents you can use to enter the country.

When you return to Canada, apply for a PR card if you plan to travel outside Canada again.

Some examples of private vehicles include, but are not limited to: a car, truck, motorcycle, or recreational vehicle that you own, borrow, or rent, and that is not available for public use.

Returning by commercial vehicle: airplane, bus, train, or boat

You must apply for a permanent resident travel document (PRTD), valid for one entry. Otherwise you may not be able to travel to Canada.

You can apply to replace your PR card when you return to Canada.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org