Guidelines for Renewal of an Expired PR Card with Residency Requirements:

Renewing your expired Permanent Resident (PR) card is contingent on meeting specific residency requirements. As a permanent resident, it's necessary to have a substantial physical presence in Canada.

Key Residency Requirements:

• For Permanent Residents of Over 5 Years: Demonstrate at least 730 days (two years) of physical presence in Canada in the preceding five years.
• For Permanent Residents of Over 5 Years: Prove that you will be physically present in Canada for a minimum of 730 days within the first five years of receiving your PR status.
• Counting Days Spent Abroad: In certain situations, days spent outside Canada can contribute to the 730-day residency requirement. These include:
  • Accompanying a Canadian Citizen Spouse: If you're living abroad with a Canadian citizen spouse, these days may be included in your residency count.
  • Working for a Canadian Company Abroad: Employment with a Canadian company overseas can also count towards your residency days, subject to specific criteria.

Understanding and adhering to these guidelines is crucial for the successful renewal of your PR card, ensuring you maintain your permanent resident status in Canada.

PR Card Renewals: Humanitarian and Compassionate Considerations (H&C)

For permanent residents who haven't met the standard residency requirements, renewing their PR card is still possible under certain circumstances. This includes situations where exceptional factors, based on humanitarian and compassionate (H&C) grounds, have prevented them from residing in Canada.

When Standard Residency Requirements Are Not Met:

In cases where a permanent resident hasn’t fulfilled the residency obligations and doesn't qualify for the usual exceptions (like working for a Canadian company abroad or accompanying a Canadian citizen spouse), there's an alternative. They can apply for renewal on Humanitarian and Compassionate grounds. This involves explaining the extraordinary reasons that hindered their ability to meet the residency requirement.

Criteria for Humanitarian and Compassionate Grounds:

The concept of Humanitarian and Compassionate grounds revolves around exceptional circumstances that justify why a permanent resident couldn’t spend the required 730 days in Canada within a 5-year period. If immigration officials are convinced that the applicant's reasons are sufficiently compelling based on Humanitarian and Compassionate grounds, they have the discretion to renew the PR card, even in the absence of meeting the standard residency requirements.

It's important for applicants to comprehensively document and communicate their unique circumstances in the renewal application, demonstrating clearly how their situation aligns with H&C considerations. This approach provides a pathway for those whose extraordinary life events have impacted their ability to reside in Canada as per the standard residency guidelines.

Applying for a Permanent Resident Travel Document (PRTD):

Permanent residents who find themselves outside Canada with an expired PR card have the option to apply for a travel document. This document facilitates their return to Canada.

If your PR card has expired while you are abroad, you can initiate an application for a travel document. During the application, you'll need to detail your travel history and explain your situation.

Permanent residents who face a refusal when applying for an extension of their PR card, or those whose application for a Travel Document suggests a loss of residency, have the opportunity to appeal. This appeal must be submitted to the Immigration Appeal Division of the Immigration and Refugee Board within a 60-day period.

Understanding the Appeal Process:

The Appeal Division conducts a hearing to determine whether the decision to revoke the appellant’s permanent residence is justified or should be overturned. In cases where the appeal is denied, there’s an option to further appeal to the Federal Court.

Individuals appealing the revocation of their permanent resident status can obtain travel documents to Canada under certain conditions, such as having visited Canada at least once in the last year or if the Immigration Appeal Division deems their presence in Canada necessary for the appeal.

We're Here to Assist you!