Expired Pr Card Residency Requirement
In order to apply for either a PR Card or PR Travel Document, you need to show proof of meeting the residency requirement.
When you submit your application, you must demonstrate you have lived in Canada for at least 2 years (730 days) in the last 5 years. These 730 days are cumulative, meaning there can be gaps in your periods of residence.
If you are a PR and your spouse is a Canadian citizen, then each day you lived with your spouse overseas, the days count to the residency requirement. The same applies if you are working for a Canadian company.
HOWEVER, if you do not meet the Residency Requirement, DO NOT apply for a PR Card or Travel document! If you do, IRCC will begin revoking your PR Status, and you will have to file a Residency Appeal.
If your PR card expires, you still have status as permanent resident. You will only lose your status if IRCC begins the formal process of revoking your permanent residence.
If you are in this situation, there are several things you can do:
If Your Pr Card Is Expired And You Are Inside Canada
If you are inside Canada and your PR card expires, you can apply to renew it as long you meet the residency requirements.
If you do not meet the residency requirements, we recommend waiting until you do to re-apply.
However, in certain situations a person may want to renew their PR card despite not meeting the residency requirements. In this case, we can apply for a PR Card renewal on H&C grounds.
If Your Pr Card Is Expired And You Are Outside Of Canada
If you find yourself outside Canada and do not have a valid PR Card, you will require a PR Travel Document (PRTD) to return to Canada.
If you not meet the residency requirement, and you need to apply for a PR Card or a PR Travel Document, then you have a two options, depending on your specific scenario.
Travel To The Usa
This option involves travelling to the states and then driving to the Canadian border. For this to work, you have to have a US visitor visa.
We will prepare an H&C (humanitarian & compassionate grounds) Port of Entry package for you. It will consist of the necessary documents and explanation to show that you had valid reasons for not meeting the requirements. Once you enter Canada, you can apply for a PR card again. You are free to travel outside of Canada again.
If the CBSA officer is not satisfied with the arguments in the H&C application, you will still be allowed in Canada, and a removal order will be issued.
We can then file a residency appeal, and a hearing will be scheduled some time in the future. During this time, you can continue living in Canada like normal.
Can’t Travel To The Usa
We can apply for a PR Travel Document with H&C arguments. To be successful at an appeal while outside Canada, there has to be compelling reasons as to why you were not able to live in Canada and meet the residency requirement. Some reasons include, caring for an elderly parent, or an ill relative, and other reasons.
H&C Applications are complex and require legal assistance to ensure that they are handled correctly. If you are in a situation where you are considering applying on H&C grounds, please contact us first for a consultation.
If you have applied for a PR Card or PR Travel Document, and IRCC has informed you that you are inadmissible to Canada for not meeting the residency requirement, you can appeal this decision to the IAD (Immigration Appeal Division) within 30 days of the revocation order.
We recommend that you contact us and speak with an immigration professional today to discuss your plan of action.