Hello, my daughter citizenship online application AOR receipt on 31st Dec 2021 but since then only background checks complete rest all awIted . He PR will expire on end January 2023 .
my daughter went to USA for some job and may need stay there till end of 2023 .
can anyone guide should she call cic and inform them or else how to get PR renewal or should wait for citizenship process . If her PR expire then how to get prtd or whats process.
Any member Kindly guide me .
It does not appear this query is about withdrawing a citizenship application, so it would have been better to post in a more relevant topic or start a new topic.
Moreover, since it is really about PR status, and the pending citizenship application is incidental, you probably would get more and better responses if the query was posed in the PR Residency Obligations part of this forum. See
https://www.canadavisa.com/canada-immigration-discussion-board/forums/permanent-residency-obligations.11/
Even though it is off-topic here, given the need to clarify and correct some things already posted, I will address it below . . . but if you have follow-up questions about this, probably better to go into the PR Residency Obligations topics and ask there.
PR card expiry and PR status expiry are not the same. PR status technically expires the day your daughter's residency in Canada is less than 2 years in the past 5 years (on the day of calcualtion). There may be some exceptions.
If just the PR card expires before that then she will need to apply to renew. Not sure about the rules but I believe they're not sending PR cards outside the country. Also not sure if you can only apply to renew PR card while being isnide Canada. You can check the IRCC website for these details or ask on the PR forum of this website.
As long as she meets the residency obligations for a PR she can come back with a PRTD but it'd be better to check how long PRTD takes to process in her nearest Canadian embassy or Consulate in the US.
As
@iceman55 noted, the expiration of the PR card does NOT mean PR status has expired.
Most of the rest of my comments here are matters discussed in more depth in several topics in the PR Residency Obligations part of this forum. Again, see
https://www.canadavisa.com/canada-immigration-discussion-board/forums/permanent-residency-obligations.11/
PR status does NOT expire. PRs do not need to renew their PR card to keep PR status. The main reason a PR needs to renew their PR card is to facilitate travel to Canada from abroad: most PRs (with exceptions, like U.S. citizens) need a valid PR card to board a flight destined for Canada. PRs abroad without a valid PR card can also apply for a PR Travel Document which will enable them to board a flight to Canada.
A PR in the U.S., or a PR otherwise able to travel via the U.S., can also travel to and enter Canada by arriving at a Port-of-Entry on the U.S./Canada border; and this works even if they have no PR card or PR TD (need proof of identity and while a passport will usually suffice, better to have something to document PR status, like an expired PR card or the CoPR). Of course they need to be in compliance with the PR Residency Obligation, and if not they would be at risk of being the subject of inadmissibility proceedings at the PoE (they would still be allowed to enter Canada and have a right of appeal).
Making PR card Application:
PRs can make the PR card application ONLY while IN Canada. This has long been an "
eligibility" requirement but not uniformly enforced, so historically, until just this last summer (when new interactive forms were implemented), many PRs abroad would make a PR card application despite the IRCC instructions (there were various ways of approaching this; many mailed the application to a family member or friend in Canada and had them post the application to IRCC).
This has changed. NOW the application form only allows a PR to make a PR card application if the PR declares they are in Canada. In the very first box in the application the PR must check a box to show they are in Canada. The interactive form only becomes a PR card application if that box is checked. (If the box "
I am outside Canada" is checked, the interactive form becomes an application for a PR TD.)
Obviously, and it should go without saying, misrepresentation of location in the form is a bad, bad idea.
Likewise, it is important to read and follow the instructions for the current application at the time of applying.
If in doubt, follow the instructions; otherwise, yep, follow the instructions.
If making the application soon, start here:
https://www.canada.ca/en/immigration-refugees-citizenship/services/new-immigrants/pr-card/apply-renew-replace.html But the PR should be sure to revisit the IRCC website just before making the PR card application and get the current application form, the current Document Checklist, and ALL the current instructions.
For now IRCC makes following the instructions a little confusing, since there is the "
Instruction Guide -- IMM 5445" and separate "
instructions" for the form (for now, see "
Show instructions" link on webpage for downloading the form) in addition to what is stated and asked in the application form itself, which is IMM 5444 (08-2022), and likewise in the Document Checklist IMM 5644 (06-2022), noting that the latter, the checklist, includes numerous
if-this-applies instructions including some which refer the applicant to IMM 5445 guide and its appendix regarding the Residency Obligation. Notwithstanding the need to read and cross-reference these separate sources of instructions, it is worth emphasizing that this is ONLY a LITTLE confusing . . . just takes a bit of patience and a bit of careful reading to understand the instructions.
Reminder: Forms and Instructions not only are subject to change, they do change, sometimes fairly often, and sometimes with no advance notice. Note that the application form has changed twice in the last four months, the current version of the Documents Checklist was just implemented in August, and the Instruction Guide was modified just last month (in September). It is important to use current forms, checklists, and follow current instructions, as of the date the application is made.
Additional clarifications/correction:
"PR status technically expires the day your daughter's residency in Canada is less than 2 years in the past 5 years (on the day of calcualtion)."
PR status does not expire. You are referring to the PR Residency Obligation which is NOT self-enforcing. If a PR fails to comply with the RO, that meets the definition of "
inadmissible," and that means the PR can be (can be but not necessarily will be) the subject of inadmissibility proceedings or, if they apply for a PR TD, a decision by a visa office terminating PR status (that is, denying the PR TD application, which is a decision terminating PR status subject to appeal). If and when PRs in breach of the RO are subject to enforcement action is a subject addressed at length in the PR Residency Obligations topics.
Note for example there are many PRs who have gone abroad and not returned to Canada for many, many years, no days in Canada during the previous five years (and no credit under the exceptions). Since PR status does not expire, they are still Canadians, and thus, for example, they do not qualify for eTA, in order to visit Canada. They are also not eligible for a visa to Canada whether to visit, study, or work. In order to apply for eTA or a visa, they will need to renounce their PR status, which would mean they are no longer a Canadian but rather a Foreign National.
Otherwise they could apply for a PR TD, make a H&C case, which if granted would mean they get to keep PR status (unless and until there is another reason for a Residency Determination), or if denied that terminates their PR status, making them a Foreign National (who can then, if otherwise eligible, obtain eTA or a visa, upon application).
Third alternative is to travel to Canada via roadway through the U.S. (for those who can travel to the U.S.), where they will likely be examined for RO compliance when they arrive at the Canadian PoE on the U.S./Canada border, and likely issued a Removal Order (they can still enter Canada as a PR, with a right of appeal), although the PR can also explain H&C reasons for being abroad and if those are deemed sufficient, perhaps allowed to keep PR status (again, unless and until there is another reason for a Residency Determination).