PR card renewal while living abroad with canadian sponsor/spouse

[mixoqc]

Hello fellow forum members,

I find myself in a somewhat intricate situation and I'm hoping that someone might be able to provide me with some guidance. I've been a Permanent Resident of Canada since 2013 and my PR card is valid until 2025.

In the period since my last PR card renewal, my spouse (who was my sponsor back in 2013) and I have relocated overseas. From my understanding, time spent abroad with a Canadian sponsor/spouse can count towards the residency obligation requirement for PR card renewal. However, I'm having trouble locating this specific information online.

Could anyone kindly direct me to a relevant link or resource that explains these requirements in more detail? It appears that we will be staying abroad for the entire duration of my PR card's validity, but I believe that under these circumstances, I would still be eligible for a renewal.

Any help or insights would be greatly appreciated! Thank you in advance.




i have found this : https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=1466&top=10

but it does not specify the calculation behind it.

 

[dpenabill]

Hello fellow forum members,

I find myself in a somewhat intricate situation and I'm hoping that someone might be able to provide me with some guidance. I've been a Permanent Resident of Canada since 2013 and my PR card is valid until 2025.

In the period since my last PR card renewal, my spouse (who was my sponsor back in 2013) and I have relocated overseas. From my understanding, time spent abroad with a Canadian sponsor/spouse can count towards the residency obligation requirement for PR card renewal. However, I'm having trouble locating this specific information online.

Could anyone kindly direct me to a relevant link or resource that explains these requirements in more detail? It appears that we will be staying abroad for the entire duration of my PR card's validity, but I believe that under these circumstances, I would still be eligible for a renewal.

Any help or insights would be greatly appreciated! Thank you in advance.

Overall: YES, no question, PRs will be given credit for days they are accompanying their Canadian citizen spouse abroad. (Will elaborate and cite sources below.)

Reminder: PR status does not depend on having a valid PR card. There is no need to renew the PR card to maintain PR status.

PR TD option: For purposes of traveling back to Canada, if you remain abroad accompanying a Canadian citizen who is your spouse (whether the spouse was the sponsor, or not, does not matter), and thus are in compliance with the PR Residency Obligation, the preferred approach (from IRCC's perspective) would be for you to apply for a PR Travel Document rather than a PR card. In similar situations it is common for IRCC to issue a PR TD valid for multiple uses and for as long as the PR's passport is valid (up to five years).

PR card option: The PR MUST be in Canada when they make an application for a new PR card. If you regularly travel back to Canada, and have significant ongoing ties here, especially a place of residence (could be the residence of family or close friend) you could reasonably list as your primary "in Canada" address, you could elect to make a PR card application during one of those trips to Canada, while you are here, in Canada.

PR Residency Obligation:

It appears your main concern is confirmation that days abroad accompanying a Canadian citizen spouse will be credited toward RO compliance. Again, there is NO doubt there is such credit. IRCC information generally conditions the credit for days abroad during which the PR is "ordinarily residing" with a Canadian citizen spouse.

There are numerous discussions about this here in this part of the forum regarding Permanent Residency Obligation, with literally scores of sources, including both official (including the statutory provision itself) and authoritative (but which is not "official;" IRCC web site information for example).

IRCC FAQ, for example, which states that time abroad traveling with a Canadian citizen spouse " may count toward your permanent resident status," titled "Can my time abroad count toward my permanent resident status?" is here: https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=1466&top=10

A more extensive description of the credit for time abroad with a Canadian citizen spouse is in the Appendix titled "Residency Obligation" which is found in both the guide for a PR TD application and the guide for a PR card application. For the latter, this guide is here: https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5445-applying-permanent-resident-card-card-first-application-replacement-renewal-change-gender-identifier.html#appendixA . . you may need to go to top and take link to the appendix for the RO; see the information for what it refers to as "Situation B. Accompanying a Canadian citizen outside Canada." Here it states:

"You may count each day you accompanied a Canadian citizen outside Canada as long as this person is your spouse . . ." and then describes the proof needed, and the supporting documents which will provide proof.​

For a copy of the official source, see https://laws-lois.justice.gc.ca/eng/acts/I-2.5/page-5.html#h-274598 See, in particular, Section 28(2) IRPA, which contains the statutory provisions that govern the residency obligation, and the subsection 28(2))a)(ii), which states that a PR complies with the RO on days they are:

(ii) outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or, in the case of a child, their parent​

Other IRCC web sites to check --

"Travelling outside of Canada as a permanent resident" . . . see https://www.canada.ca/en/immigration-refugees-citizenship/services/new-immigrants/travelling-outside-canada-pr.html​

​

"Understand permanent resident status" . . . see https://www.canada.ca/en/immigration-refugees-citizenship/services/new-immigrants/pr-card/understand-pr-status.html​

 

[mixoqc]

well thank you for this excellent answer you are the best !

 

[mixoqc]

Do you think the same rule apply to be eligible for citizenship?

 

[scylla]

Do you think the same rule apply to be eligible for citizenship?

No. There is no credit towards citizenship for being outside of Canada with a Canadian citizen spouse. The residency obligation rules for PR and citizenship are different. For citizenship, you must be physically residing in Canada.

 

[Stine1981]

May I ask a follow up question please.
So you say that you have to be in Canada when you apply for the PR card renewal but am I allowed to leave the country while they are processing the application? Or do I have to remain in the country until I receive my new PR card?
Also, is there any way to renew the card earlier than 9 months before expiry?
Thank you

 

[dpenabill]

May I ask a follow up question please.
So you say that you have to be in Canada when you apply for the PR card renewal but am I allowed to leave the country while they are processing the application? Or do I have to remain in the country until I receive my new PR card?
Also, is there any way to renew the card earlier than 9 months before expiry?
Thank you

There is no requirement to remain in Canada while IRCC processes a PR card application (properly made while the PR was in Canada). However, if it appears, or IRCC officials otherwise perceive the PR is outside Canada, or likely to be outside Canada, it is common for IRCC to require in-person delivery of the new PR card. (Thus requiring a trip back to Canada for a scheduled in-person pick-up of the new card, for which there may be short notice.)

Applications for a new (some refer to it as "renewed") PR card made earlier than 9 months before the current PR card expires will be returned without being processed.

Note: your reference about forum participants who "say that you have to be in Canada when you apply for the PR card renewal" suggests you may not have reviewed the application form or the guide containing instructions. It is absolutely critical YOU personally and carefully review the form and the instructions. The form, for example, is interactive and will not even allow completing an application for a new PR card unless the PR who is applying affirms they are IN Canada (and obviously, checking the box that affirms being IN Canada when not actually in Canada would be misrepresentation, subject to serious if not severe penalties).

 

[YVR123]

May I ask a follow up question please.
So you say that you have to be in Canada when you apply for the PR card renewal but am I allowed to leave the country while they are processing the application? Or do I have to remain in the country until I receive my new PR card?
Also, is there any way to renew the card earlier than 9 months before expiry?
Thank you

You can be outside if you continue to meet your RO and there are chance that some are required to pick up their new PR cards at the office in person. (If you are outside, then you may need to apply for PRTD to re-enter Canada to pickup the new card. And that's assuming that you meet RO while staying outside. )

You can only renew earliest 9 months before expiry. OP is living with his/her Canadian citizen spouse, so he/she will continue to meet RO. Are you in the same situation?

 

[canuck78]

Hello fellow forum members,

I find myself in a somewhat intricate situation and I'm hoping that someone might be able to provide me with some guidance. I've been a Permanent Resident of Canada since 2013 and my PR card is valid until 2025.

In the period since my last PR card renewal, my spouse (who was my sponsor back in 2013) and I have relocated overseas. From my understanding, time spent abroad with a Canadian sponsor/spouse can count towards the residency obligation requirement for PR card renewal. However, I'm having trouble locating this specific information online.

Could anyone kindly direct me to a relevant link or resource that explains these requirements in more detail? It appears that we will be staying abroad for the entire duration of my PR card's validity, but I believe that under these circumstances, I would still be eligible for a renewal.

Any help or insights would be greatly appreciated! Thank you in advance.




i have found this : https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=1466&top=10

but it does not specify the calculation behind it.

If you want to travel to Canada to visit every once in a while applying for a multi-entry PRTD may be your best option.

 

[scottbot]

what about in the instance where the Canadian citizen returns to Canada before the PR spouse? For example my wife and I plan to return to Canada next year. I will return before her to secure appropriate living accommodation and she will come once that’s been completed.

will she have difficult entering the country if I entered a month or two before she did?

Overall: YES, no question, PRs will be given credit for days they are accompanying their Canadian citizen spouse abroad. (Will elaborate and cite sources below.)

Reminder: PR status does not depend on having a valid PR card. There is no need to renew the PR card to maintain PR status.

PR TD option: For purposes of traveling back to Canada, if you remain abroad accompanying a Canadian citizen who is your spouse (whether the spouse was the sponsor, or not, does not matter), and thus are in compliance with the PR Residency Obligation, the preferred approach (from IRCC's perspective) would be for you to apply for a PR Travel Document rather than a PR card. In similar situations it is common for IRCC to issue a PR TD valid for multiple uses and for as long as the PR's passport is valid (up to five years).

PR card option: The PR MUST be in Canada when they make an application for a new PR card. If you regularly travel back to Canada, and have significant ongoing ties here, especially a place of residence (could be the residence of family or close friend) you could reasonably list as your primary "in Canada" address, you could elect to make a PR card application during one of those trips to Canada, while you are here, in Canada.

PR Residency Obligation:

It appears your main concern is confirmation that days abroad accompanying a Canadian citizen spouse will be credited toward RO compliance. Again, there is NO doubt there is such credit. IRCC information generally conditions the credit for days abroad during which the PR is "ordinarily residing" with a Canadian citizen spouse.

There are numerous discussions about this here in this part of the forum regarding Permanent Residency Obligation, with literally scores of sources, including both official (including the statutory provision itself) and authoritative (but which is not "official;" IRCC web site information for example).

IRCC FAQ, for example, which states that time abroad traveling with a Canadian citizen spouse " may count toward your permanent resident status," titled "Can my time abroad count toward my permanent resident status?" is here: https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=1466&top=10

A more extensive description of the credit for time abroad with a Canadian citizen spouse is in the Appendix titled "Residency Obligation" which is found in both the guide for a PR TD application and the guide for a PR card application. For the latter, this guide is here: https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5445-applying-permanent-resident-card-card-first-application-replacement-renewal-change-gender-identifier.html#appendixA . . you may need to go to top and take link to the appendix for the RO; see the information for what it refers to as "Situation B. Accompanying a Canadian citizen outside Canada." Here it states:

"You may count each day you accompanied a Canadian citizen outside Canada as long as this person is your spouse . . ." and then describes the proof needed, and the supporting documents which will provide proof.​

For a copy of the official source, see https://laws-lois.justice.gc.ca/eng/acts/I-2.5/page-5.html#h-274598 See, in particular, Section 28(2) IRPA, which contains the statutory provisions that govern the residency obligation, and the subsection 28(2))a)(ii), which states that a PR complies with the RO on days they are:

(ii) outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or, in the case of a child, their parent​

Other IRCC web sites to check --

"Travelling outside of Canada as a permanent resident" . . . see https://www.canada.ca/en/immigration-refugees-citizenship/services/new-immigrants/travelling-outside-canada-pr.html​

​

"Understand permanent resident status" . . . see https://www.canada.ca/en/immigration-refugees-citizenship/services/new-immigrants/pr-card/understand-pr-status.html​

 

[dpenabill]

what about in the instance where the Canadian citizen returns to Canada before the PR spouse? For example my wife and I plan to return to Canada next year. I will return before her to secure appropriate living accommodation and she will come once that’s been completed.

will she have difficult entering the country if I entered a month or two before she did?

PRs have a right to enter Canada. So long as she can travel to Canada, and her documents establish her identity, there is no question or issue about entry.

The fact a PR is traveling separately from their Canadian citizen spouse will not change that. It could influence whether the PR is questioned about compliance with the Residency Obligation, but even if that happens, the fact of travel separately should have minimal influence in the assessment of compliance itself so long it is otherwise clear the couple have been ordinarily residing together for years.

Edit to add: If the PR is relying on credit for days accompanying a citizen spouse, they should carry copies of documents showing the spouse is a citizen, showing marriage, and showing cohabitation (generally for at least two years). See guide for PR card applications and in the Appendix the part under the title "Situation B. Accompanying a Canadian citizen outside Canada" for more detail as to evidence to show they qualify for this credit.

Obviously, whether the PR spouse meets the RO depends on the particular facts, including factors like days in Canada within the previous five years, and if that is fewer than 730, qualifying for credit for days abroad based on meeting the criteria for "accompanying" a Canadian citizen spouse (for most this is simple; see previous discussion for potential wrinkles in some situations). Note that even if a returning PR is determined to be in breach of the RO, during a Port-of-Entry examination, thus inadmissible and issued a Removal Order, they will be (must be) allowed to enter Canada (and they then have thirty days to commence an appeal).

Separately, like all travelers flying to Canada (commercially), PRs must have specific, proper documents showing their authorization to enter Canada in order to board the flight. In particular, PRs need a PR card or a PR Travel Document to be allowed abroad a flight coming to Canada (with some exceptions, like PRs who are U.S. citizens who can fly to Canada by presenting a U.S. passport).


Footnote:

There should be no doubt about the right to enter (subject to establishing identity as an individual who has PR status).​

​

In this regard, nearly all, perhaps even all regular participants in this forum, recognize that PRs have a right to enter Canada, that even if they are subject to inadmissibility proceedings at the border or PoE, and issued a Removal Order, they will still be allowed to enter Canada. This is simply generally understood. It is worth noting that actually the courts have explicitly stated that PRs have a right to enter Canada . . . well, technically the courts have phrased it the PR's "right of return." This right, the right of return, is part of what are sometimes called "Shamlou rights," which have been affirmed in scores and scores of official cases although that is mostly in reference to rights permanent residents have generally, in most cases referring to residents of other countries, which if permanent is deemed to be comparable to the rights of nationals in that country; a Federal Court recently confirmed this is applicable to Canadian Permanent Residents in Huang v. Canada, 2023 FC 1491, https://canlii.ca/t/k14ql in which Justice Zinn cites the original Shamlou decision back in the 1990s.​

 

[NRTTokyo]

If you want to travel to Canada to visit every once in a while applying for a multi-entry PRTD may be your best option.

I have a question about this. I have looked into the multi entry PRTD as I also think it may be the best option I have. Like OP, I have been living outside Canada with my common-law partner who is a Canadian citizen, for the past three years, which would satisfy the RO requirement. We are not planning to go back to Canada for permanent residency, though intending to have occasional short visits the next few years.
My current permanent residency card expires in April 2024. Would I be able to apply for PRTD before my PR card expires or do I need to wait until it expires and I lose a “valid PR card in my possession”?

 

[4ever]

Quesiton please, Does accompanying Canadian child outside Canada counts toward my residence obligation for the sake of renewal? is Canadian child viewed like Canadian spouse?

Overall: YES, no question, PRs will be given credit for days they are accompanying their Canadian citizen spouse abroad. (Will elaborate and cite sources below.)

Reminder: PR status does not depend on having a valid PR card. There is no need to renew the PR card to maintain PR status.

PR TD option: For purposes of traveling back to Canada, if you remain abroad accompanying a Canadian citizen who is your spouse (whether the spouse was the sponsor, or not, does not matter), and thus are in compliance with the PR Residency Obligation, the preferred approach (from IRCC's perspective) would be for you to apply for a PR Travel Document rather than a PR card. In similar situations it is common for IRCC to issue a PR TD valid for multiple uses and for as long as the PR's passport is valid (up to five years).

PR card option: The PR MUST be in Canada when they make an application for a new PR card. If you regularly travel back to Canada, and have significant ongoing ties here, especially a place of residence (could be the residence of family or close friend) you could reasonably list as your primary "in Canada" address, you could elect to make a PR card application during one of those trips to Canada, while you are here, in Canada.

PR Residency Obligation:

It appears your main concern is confirmation that days abroad accompanying a Canadian citizen spouse will be credited toward RO compliance. Again, there is NO doubt there is such credit. IRCC information generally conditions the credit for days abroad during which the PR is "ordinarily residing" with a Canadian citizen spouse.

There are numerous discussions about this here in this part of the forum regarding Permanent Residency Obligation, with literally scores of sources, including both official (including the statutory provision itself) and authoritative (but which is not "official;" IRCC web site information for example).

IRCC FAQ, for example, which states that time abroad traveling with a Canadian citizen spouse " may count toward your permanent resident status," titled "Can my time abroad count toward my permanent resident status?" is here: https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=1466&top=10

A more extensive description of the credit for time abroad with a Canadian citizen spouse is in the Appendix titled "Residency Obligation" which is found in both the guide for a PR TD application and the guide for a PR card application. For the latter, this guide is here: https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5445-applying-permanent-resident-card-card-first-application-replacement-renewal-change-gender-identifier.html#appendixA . . you may need to go to top and take link to the appendix for the RO; see the information for what it refers to as "Situation B. Accompanying a Canadian citizen outside Canada." Here it states:

"You may count each day you accompanied a Canadian citizen outside Canada as long as this person is your spouse . . ." and then describes the proof needed, and the supporting documents which will provide proof.​

For a copy of the official source, see https://laws-lois.justice.gc.ca/eng/acts/I-2.5/page-5.html#h-274598 See, in particular, Section 28(2) IRPA, which contains the statutory provisions that govern the residency obligation, and the subsection 28(2))a)(ii), which states that a PR complies with the RO on days they are:

(ii) outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or, in the case of a child, their parent​

Other IRCC web sites to check --

"Travelling outside of Canada as a permanent resident" . . . see https://www.canada.ca/en/immigration-refugees-citizenship/services/new-immigrants/travelling-outside-canada-pr.html​

​

"Understand permanent resident status" . . . see https://www.canada.ca/en/immigration-refugees-citizenship/services/new-immigrants/pr-card/understand-pr-status.html​

 

[Tubsmagee]

Quesiton please, Does accompanying Canadian child outside Canada counts toward my residence obligation for the sake of renewal? is Canadian child viewed like Canadian spouse?

No.

 

[YVR123]

Quesiton please, Does accompanying Canadian child outside Canada counts toward my residence obligation for the sake of renewal? is Canadian child viewed like Canadian spouse?

When a child is relocated, it's the decision of the parents. So no, PR parents could stay inside Canada with the child. It's not the same as a citizen spouse who need to move temporary for job and the PR needs to follow.