Citizenship in progress and PR card expiry: Job status concern

[ajithpl]

First some background: My spouse had applied for citizenship last month and is now "In Process". Her PR card is due to expire by mid-Dec 2016. As per the current timelines, we expect her citizenship process to be over somewhere in Feb/ Mar 2017 unless for any case specific delays.
Last week, her HR department reminded her that her PR status is "expiring" in December and asked of the status of PR card renewal or citizenship application. She then send the AOR of citizenship as proof of application and the HR seems to be ok with that for the time-being. We know that it is only the PR card that expires and not the PR status; but to be on the safer side, she is planning to renew the PR card so that she wont run into any troubles later in December with her job.
Please let me know if anyone had experience of a similar situation where employer asked for proof of status when PR card is due to expire and with CIT application in process?

 

[neorol]

I would send to the really "smart" HR person this:

"Losing your permanent resident status
Losing your permanent resident status does not happen automatically. You cannot lose your permanent resident status simply by living outside of Canada long enough that you don’t meet the residency requirement. Unless you have gone through an official process, you have not lost or given up your permanent resident status, even though you may not be eligible to return to Canada as a permanent resident.

You may lose your permanent resident status if:

an adjudicator determines that you are no longer a permanent resident following an inquiry; or
a visa officer determines you do not meet the required residency when you apply for a permanent resident travel document or temporary resident travel document.
You may lose your permanent resident status in one of the ways described above if:

you do not live in Canada for two out of five years;
you are convicted of a serious crime and told to leave Canada; or
you become a Canadian citizen.
You do not lose your permanent resident status if your PR card expires."

This is the law, and she can't lose her right to work just because the card expires.
source: http://www.cic.gc.ca/english/newcomers/about-pr.asp

 

[links18]

There is also no requirement for a PR to have a PR card--a COPR, SSN card and another form of photo ID should be enough to establish continuing eligibility to work.

 

[thecoolguysam]

First some background: My spouse had applied for citizenship last month and is now "In Process". Her PR card is due to expire by mid-Dec 2016. As per the current timelines, we expect her citizenship process to be over somewhere in Feb/ Mar 2017 unless for any case specific delays.
Last week, her HR department reminded her that her PR status is "expiring" in December and asked of the status of PR card renewal or citizenship application. She then send the AOR of citizenship as proof of application and the HR seems to be ok with that for the time-being. We know that it is only the PR card that expires and not the PR status; but to be on the safer side, she is planning to renew the PR card so that she wont run into any troubles later in December with her job.
Please let me know if anyone had experience of a similar situation where employer asked for proof of status when PR card is due to expire and with CIT application in process?

To maintain PR status, the person has to live in Canada for 2 out of 5 years.
If PR card expires, it does not mean that the person loses PR status.

Read the following link carefully:

http://www.cic.gc.ca/english/newcomers/about-pr.asp

 

[kaladhar]

Good lord! Who is this HR person? lol
PR Status and PR Card are two different things!
As explained nicely by the guys above, your PR status itself doesn't expire unless you don't maintain your residency requirement or if you commit any criminal activities. On the other hand, PR Card expires once every 5 years.

Bottomline? Your spouse can still work happily even after her PR Card expires. PR Card is used as a travel document and is required when she is coming back to Canada from abroad! I hope that makes sense to you

Cheers
KB

 

[tester78546]

her HR department reminded her that her PR status is "expiring" in December and asked of the status of PR card renewal or citizenship application.

It shouldn't be their business at all. What their business should be about is your right to stay and work in Canada (SIN card / work permit). By law you are not obliged to have a PR card. Your status is proved by another document that must be in your possession for life and it's private as it has references to how much money you had during the landing, your family, etc. If PR card / passport is not mentioned in the contract (what is probably only legal, when you work for the government), HR does not have a right to request it.

In case you don't have a valid document to enter Canada AND once they want to send you abroad, say to a conference, they should provide you with time & money so you can apply for this (impossible to apply from Canada) http://www.cic.gc.ca/english/information/applications/guides/5529ETOC.asp OR be waiting till when you make what is the best for you (not for them) - PR card or citizenship. In this case you can politely explain them "My citizenship application is in progress. It's mentioned on the official site that procedure usually takes one year, but may be longer. I don't have an intention to prolong my PR card that expires in X months and won't be able to enter Canada before the date I have my passport issued. Thank you for understanding."

In general, If company doesn't have an intention to send an employee abroad, the answer for most of the questions is the same "not your f*** business" "Sorry, this information is private. I can't answer your question." What they CAN ask are these questions: "Can you leave and enter Canada?", "Can you work in Canada?", "When will you be able to leave and enter Canada?". Again, if it's not mentioned in a contract, there are no obligations to obtain any travel document if you don't want to.

Regarding this:

She then send the AOR of citizenship as proof of application and the HR seems to be ok with that for the time-being.

It is absolutely not acceptable and shouldn't be tolerated. It looks like you are contacting police or judge. Employers can't require a proof on these things. "HR seems to be ok" - is that a joke? What if tomorrow they ask you to bring information about who you slept with last night? And then "ok, we think we can approve that person for now." It. Is. Not. Their. Business.


If you really want to get a PR card ASAP, check this http://www.cic.gc.ca/english/information/pr-card/apply-urgent-processing.asp

 

[stargazerlilly]

I agree with everyone here.....I've worked and applied for citizenship with an expired PR card. I have a full time and a parttime job and both jobs don't care about my status. HR only asked for SIN when I filled out the tax forms,that's it! Unless you came to Canada to work for your company as a temporary contract worker,they should not worry about you having an expired PR card.

 

[Gallant555]

Hi ajithpl,
It is great that your spouse is careful in responding to HR questions.
The SIN number you get after becoming permanent resident starts with 6 Number which is permanent unlike while on work permit which start with 9 number and has expiry based on work permit/validity status. The permanent SIN is sufficient proof for the Job as far as getting paid legally is concerned.
Does the Job required require frequent travelling outside canada?

 

[ajithpl]

Thanks everyone for the inputs and details. This week my wife again spoke to HR pointing out that the PR status is not expiring and has nothing to do with PR card expiry. They said it is not an issue and they just wanted to make sure she has a travel document for any personal or official travel. Probably the HR has realized their mistake now.
Regarding official travel, there is no extensive travel required for her job. She just made 1 trip in the last 4 years and that also on her request.
Once again, thanks to all for the pointers and I had forwarded all your comments to her and she also was very happy with the forum, responses and effectiveness.