Immigration Lawyer

Maintaining Your PR Status

Immigration Lawyer

Maintaining PR Status

PR stands for Permanent Residency in Canada. Permanent residents enjoy many of the same rights and privileges as Canadian citizens, including access to healthcare and social benefits. However, they do not have the right to vote or hold certain high-security government positions.

Why is it important to maintain PR Status?

Maintaining Permanent Residencein Canada gives you the right to work, live, and have access to various benefits.

Reapplying for Permanent Resident status is a complex and time-consuming process, often making it challenging to re-enter Canada. Therefore, it is essential to understand and fulfil your responsibilities as a PR to secure your status and avoid the difficulties of reapplication.

What are the obligations of PR residency?

To maintain your PR status, you must oblige to the following conditions:

A resident must be physically present for at least 730 days in Canada, within a 5-year term.
The 730 days need not be continuous, it can be accumulated over a five-year span.
This allows flexibility for the residents to work ortravel outside of Canada.

Scenarios in which 730 days are considered even spent outside of Canada:

1. Time Spent Outside with a Canadian Citizen Parent or Spouse

If you are a PR and living outside Canada with your parent, spouse, or common-law partner who is a Canadian citizen, this time can count towards the 730-day residency obligation.

2. For Employment Purposes Under the Canadian Government or Business

Time spent working full-time for the Canadian government or for Canadian business purposes outside Canada is considered valid for the residency requirement.

3. Accompanying a Canadian Parent or Spouse for Work

If you are a PR accompanying your parent or spouse who is working for the Canadian government or a Canadian business outside Canada, this time also qualifies toward the 730-day obligation.

How to avoid issues when traveling as a PR?

As a permanent resident, to avoid issues when travelling or re-entering Canada, you must ensure that:

1. Your Permanent Resident card is Valid

Before you board a flight or while returning to Canada, you must ensure that your PR card is valid. If the expiry of your PR is close, renew it before your travel as the application process takes time.

2. If your PR expires when abroad, apply for a Permanent Resident Travel Document (PRTD).

The PRTD is a proof of your PR status, which isissued abroad, in a Canadian Visa Office. Having a PRTD allows one to re-enter Canada and meet the commercial travel requirements like buses or flights. Oncereturned to Canada, you must immediately apply for a new PR to not face any travel issues further.

What are the reasons one can lose permanent residence?

Situations in which one might lose their permanent residence are:

If you are not physically present for 730 days in Canada within a 5-yearperiod, you lose your PR status.
If you voluntarily give up the PR status and no longer wish to live in Canada.
When you become a Canadian citizen and enjoy complete citizenship rights.
If you have received a removal order and it comes into force.

How can you appeal or restore your PR status?

If you lose your PR you can:

1. File an Appeal

If your PR is revoked, you can file for an appeal in the Immigration Appeal Division (IAD) under Canada’s Immigration and Refugee Board. You must provide evidence supporting why your PR should be revived. The appeal must be filed within 30–60 days of the date your PR was revoked.

2. Apply for PRTD

If you lose your PR status because of residency requirements when outside Canada, you can file for a PRTD. When applying for the PRTD, you can explain why you were not able to meet the residency requirements. If the PTRD is approved, then you can re-enter Canada.

3. Apply for a Judicial Review

If IAD denies your appeal, you can file a judicial review at the Federal Court of Canada, where the decision is examined, but the decision is not reassessed. Please Note: In case where your PR card is stolen, lost or damages you can apply for the replacement of the PR Card.

How can our Immigration Lawyers help you?

Applying for PR, Permanent Resident Travel Documents (PRTD), PR renewal, or appealing PR status is a complex process that requires a detailed, step-by-step approach for a successful outcome. At Nanda & Associate Lawyers, our experienced immigration team is here to assist you with all the necessary procedures to maintain or secure your PR status.

For reliable support with your PR application, connect with us at 905-405-0199 today!

Frequently Asked Questions

How can I check my PR card status?

If you have submitted your PR application online, then you can track the status of your application through your IRCC secure account. If you submit the application by mail, you can check the status in IRCC application status tracker by providing your credentials and application number.

How can I check the validity of my PRstatus?

To check your PR status validity, first check if you have met the residency requirement of being present for 730 days in Canada within 5 years. Your PR card may expire, but it will not affect your PR status. But if you are abroad while you PR expires, you must apply for a PRTD to re-enter Canada.

What will happen if my PR status expires in Canada?

Your PR in Canada does not actually expire until you decide to voluntarily give up your PR. However, the PR card that you carry does expire every 5 years, which is proof of your PR status if you travel. Even if the PR is expired while in Canada, you do not lose your rights to enjoy it as a PR.

Is Permanent residence and Citizenship the same?

No, PR and Citizenship in Canada are not the same thing. If you have a PR, then you have the right to study, live, and work indefinitely but do not have complete rights as a Canadian Citizen. It is a must for PR to meet the residency requirements if not they lose the PR status. Whereas a Canadian Citizen has the complete rights as a Citizen, including voting right, holding a passport, and can leave or re-enter Canada with no conditions.

How long does a PR stay valid?

PR status in Canada stays valid as long as you meet the residency obligation and abide by the laws of Canada. The PR card is proof of one’s PR status, which is required to be renewed within 5 years if you travel. If you have an expired PR, it will not affect your PR status, but it will cause issues in case of re-entry to Canada.