Permanent Resident Card Renewal
Permanent Resident (PR) cards are travel documents that are valid for periods of five years and should be renewed before they expire. If you do not meet the “2 out of 5 year” residency obligation, it is possible for immigration officials to revoke your PR status. Revocation of permanent residence status can be a complex legal matter determined by a combination of law and fact.
Canadian Permanent Residents
Permanent residents have a right of appeal to the Immigration and Refugee Board (IRB) for a loss of permanent residence decision and that decision can be appealed to the Federal Court. Although an expired permanent resident card does not mean that you have lost your PR status, applying to renew a PR card could result in eventual status revocation for individuals who have not complied with their obligations as permanent residents. As a result, it is prudent to be very careful and speak to an experienced professional if you may not meet the requirements to maintain your permanent resident status.
If you have concerns regarding meeting your residency obligations, then talk to us. At Rosenblatt Immigration Law we can advise you regarding the best strategies regarding how to handle renewing PR cards and potential loss of PR status. We can handle PR Card renewals and can represent you regarding any hearings or appeals. Let us explain the rules, regulations, policies and procedures and devise a strategic immigration plan that is right for you.
Exceptions to Residency Obligations
Sometimes permanent residents are unable to meet the residency obligations for personal reasons. Below are the scenarios where exceptions to the rule that permanent residents must reside in Canada for at least 730 days out of the last five years prior (to being examined) to maintain their permanent resident status may be considered:
- Accompanying a Canadian spouse, common-law partner or parent (for dependent children under 22 years of age) outside Canada;
- Working for a Canadian business or the Canadian public service abroad;
- Accompanying a permanent resident spouse, common-law partner or parent (in the case of a child) who was working for a Canadian business outside of Canada or the Canadian public service abroad; or
- Compelling humanitarian and compassionate reasons
Working for a Canadian Business Exception
Although this exception may appear simple, this is a complex exception and it does not apply if an immigration officer determines that the Canadian business was created for the primary purpose of helping a permanent resident meet the residency obligation. We recommend consulting with us well in advance of leaving Canada if you think you may need to rely on this exception.
Humanitarian and Compassionate Exception
Canadian immigration officers may consider humanitarian and compassionate factors before determining that a person has lost permanent residence status. They require individuals to prove that they would experience unusual, undeserved, or disproportionate hardship if they were to lose their permanent residence status. They also consider the best interests of any children who will be affected by the decision. Contact us to assess your case if you believe that you have been unable to meet your residency obligations based on compelling humanitarian and compassionate reasons.