PR Renewal and Citizenship Application Lawyers in Vancouver, BC
A permanent resident card is issued for a period of 5 years and entitles the foreign national holding the card to enter and leave Canada. These permanent resident cards can be renewed upon a showing that the foreign national has met the residency requirements, among other things. To maintain residence, a foreign national must have resided physically in Canada for two out of the past five years. Failing to maintain residency means losing the right to permanent residency in Canada.
There are three exceptions to this residency rule. Permanent residents who accompanied their Canadian spouses or common law partner abroad to work for a Canadian company are allowed to treat those days abroad towards residency. Or, if the permanent resident is employed abroad by a Canadian company, federal or provincial government, those days abroad count towards residency. Or, if the permanent resident accompanied a Canadian citizen outside Canada as long as this person is his/her spouse, common-law partner or parent (if the permanent resident is a child under 19 years of age).
How Can You Renew a Permanent Resident Card?
A permanent resident card is an essential document for a foreign national to enter and leave Canada, with the right to return. A permanent resident card may be renewed by proving the requisite residency. The renewal application will ask for detailed information about travel outside of Canada as a way of documenting the residency requirement of spending at least 2 out of the last 5 years physically in Canada, accompanying a Canadian spouse or common law partner abroad, or working abroad for a Canadian company. The renewal process can be expedited to accommodate immediate travel.
What Are the Permanent Resident Renewal Requirements in Canada?
In addition to proving the minimum residency requirements—spending 2 out of the last 5 years in Canada, accompanying a Canadian spouse or common law partner abroad, or working abroad for a Canadian company—the renewal process requires submission of certain documents. You need to submit a copy of:
- A valid passport or other travel document
- A certificate of identity or travel document issued by the Minister of Foreign Affairs of Canada
- Any identity document issued outside of Canada before returning to Canada
- A statutory declaration that claims the applicant’s identity and signed by a person who knew the applicant before coming to Canada or an official of an organization that represents people from the applicant’s country of origin or previous residence.
In some instances, additional documents might be needed. These include:
- A record landing or confirmation of permanent residence
- A provincial driver’s license, photo-ID, or student ID card
- A recent tax assessment issued by the Canada Revenue Agency
- For applicants under 18 years of age, a birth certificate
What if You Are Working for a Canadian Company Abroad?
You do not lose your right to permanent resident renewal if you are working abroad for a Canadian company, federal or provincial government. A Canadian business means the company is incorporated under the laws of Canada, or a province, and conducts business in Canada. Or a qualifying business might not be incorporated under Canadian or provincial law, but it has ongoing operations in Canada, is capable of generating revenue, and a majority of voting or ownership interests are held by Canadian citizens, permanent residents, or Canadian businesses. Finally, a qualifying business employer might have been created by the laws of Canada or a province.
The residency requirement may be satisfied while working abroad when the foreign national is:
- Under contract to or a full-time employee of a Canadian business or public institution that controls all of its assignments from a head office in Canada
- Assigned on a full-time basis as a term of employment or contract to a position abroad with a Canadian business or an affiliated enterprise or client
- Connected to a Canadian business
- Assigned to work on an assignment on a temporary basis
- Continuing to work for the Canadian business once the assignment is over.
Accompanying a Canadian Citizen Who Is Your Spouse or Common Law Partner
This residency requirement can also be satisfied by accompanying a Canadian citizen spouse or common law partner abroad. A legal fiction is created. For each day that the foreign national is abroad while accompanying the Canadian citizen, that day counts towards residency. This legal fiction is only used when renewing permanent residence status. It is not applicable to applications for citizenship.
Accompanying your spouse or common-law partner who is a Permanent Resident Working for a Canadian Company Abroad
You may count each day you accompanied a permanent resident outside Canada as long as:
- the person you accompanied is your spouse, common-law partner or parent (if you are a child under 19 years of age); and
- the person was employed on a full-time basis by a Canadian business or in the public service of Canada or of a province or territory during the time you accompanied them.
Permanent Residency Appeals in Canada
An appeal from a ruling denying the extension of a permanent resident status must be filed within 60 days with the Appeals Division of the Immigration and Refugee Board if the decision is made outside of Canada, or within 30 days if the decision is made in Canada. The appeals hearing is usually conducted in Canada, although if the appealing foreign national is outside of Canada, arrangements can be made for teleconferencing. At this hearing, legal and humanitarian arguments will be heard, including the submission of any new evidence. If the administrative appeal fails, an appeal to the courts is permissible. A successful appeal will result in the issuance of a new permanent resident card with permission to remain in Canada for the next 5 years.
What Should You Do If Your PR card Is Lost or Stolen or Expires While You Are Outside Canada?
Your permanent resident card is an essential travel document. Therefore, if it is lost or stolen, or expires while you are outside Canada, you must apply for and obtain a travel document in order to return. Upon return to Canada, you must renew your permanent resident card.
To request a travel document, you must complete an application, pay a fee, and submit supporting documents to the Immigration, Refugee Citizenship Canada:
- The IRCC checklist
- Photographs that meet IRCC requirements
- All of your passports and travel documents used in the 5 years leading up to this application
- Evidence of permanent resident status in Canada
- Evidence that you meet the permanent residence requirements
- A letter signed by your employer showing employment and presence abroad, if applicable
- Any documents supporting humanitarian or compassionate grounds to continue permanent residence
What Should You Do if Your PR card is Lost, Stolen or Expires While You are Inside Canada?
You may submit an application to replace a permanent resident card, along with the applicable fee. This application must be supported by documentation:
- A copy of your PR card
- Primary identity document, i.e., passport or travel document
- Secondary identity document
- Documents showing proof of residency in Canada
- Photographs that meet IRCC requirements
How Can You become a Canadian Citizen?
To become a Canadian citizen, most applicants must
- be a permanent resident
- have lived in Canada for at least 3 out of the last 5 years (1,095 days)
- have filed their taxes
- pass a citizenship test if you are 18 to 54 years of age on the day you sign your citizenship application
- prove their language skills in English or French if you are 18 to 54 years of age on the day you sign your citizenship application.
Begin Your Permanent Resident Card or PR Travel Document Application or citizenship Application Now With Trusted Immigration Counsel
If you are seeking to renew your permanent resident card, or to enter Canada when your permanent resident card has been expired, or to become a Canadian citizen, you can trust the knowledge and experience of Canadian Currents Immigration to guide you through the process. Completing the application process and gathering all the supporting documentation can be daunting. With the aid of an experienced immigration lawyer at Canadian Currents Immigration, you can apply to renew your permanent resident status once we determine your eligibility.
Our immigration lawyers at Canadian Currents Immigration will review your status to determine your eligibility for renewal of permanent resident status and to help you through the various steps needed to secure your new permanent resident card, and later, perhaps, help you with your citizenship application.
Start with a confidential 30-minute consultation with a Canadian Currents Immigration immigration lawyer in Vancouver.
Call us now to book a time: 778-331-1164.
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