+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

PRTD having not spent any time in Canada past 5 years

JohnnyDamien

Star Member
Nov 10, 2021
157
28
Hello,

I was a permanent resident in Canada, but lost PR status long ago and have not been to Canada for a single day in the past 5 years. Is it possible to get a PTRD and get my PR back or not? Any insight appreciated.

Thanks.
 

scylla

VIP Member
Jun 8, 2010
97,515
23,267
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hello,

I was a permanent resident in Canada, but lost PR status long ago and have not been to Canada for a single day in the past 5 years. Is it possible to get a PTRD and get my PR back or not? Any insight appreciated.

Thanks.
If you have extremely strong H&C reasons for having failed to meet the residency requirement, then it may be possible. Otherwise a PRTD is going to be refused.
 

scylla

VIP Member
Jun 8, 2010
97,515
23,267
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hello,

I was a permanent resident in Canada, but lost PR status long ago and have not been to Canada for a single day in the past 5 years. Is it possible to get a PTRD and get my PR back or not? Any insight appreciated.

Thanks.
Just to clarify something... Why do you say that you "lost status" a long time ago? Was your PR status specifically revoked? Or did you PR card just expire? This is an important question to answer.

Also, aren't you living outside of Canada with a Canadian spouse? That's also important.
 

JohnnyDamien

Star Member
Nov 10, 2021
157
28
Just to clarify something... Why do you say that you "lost status" a long time ago? Was your PR status specifically revoked? Or did you PR card just expire? This is an important question to answer.

Also, aren't you living outside of Canada with a Canadian spouse? That's also important.
Thanks for the reply. I left Canada 10 years ago to follow a job opportunity elsewhere. I do live with my Canadian spouse. Lost PR status as in i never renewed my PR card and havent been to Canada in 10 years.
 

scylla

VIP Member
Jun 8, 2010
97,515
23,267
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Thanks for the reply. I left Canada 10 years ago to follow a job opportunity elsewhere. I do live with my Canadian spouse. Lost PR status as in i never renewed my PR card and havent been to Canada in 10 years.
You don't lose your PR status when your PR card expires. You only lose your PR status through renouncing it yourself or by having IRCC revoke it. If neither of these has ever happened to you, then you are still a PR.

You have some chance of being able to get a PRTD approved. You should apply, indicating that you have been living with your Canadian spouse outside of Canada for the last five years. You will want to provide evidence to show that you have been living together the last five years. However approval of the PRTD is not guaranteed. IRCC will sometimes apply the "who followed whom" rule when determining if you can count time spent outside of Canada living with a Canadian spouse towards PR. If the reason why you are outside of Canada is primarily due to your spouse, meaning that your spouse moved outside of Canada due to an employment opportunity (for example) and you followed your spouse, then you should be able to count the time. If it's the opposite and your spouse followed you outside of Canada (meaning that you had employment or other obligations outside of Canada and your spouse decided to leave Canada and move there with you), then IRCC may say you do not qualify to count this time. Long story short, impossible to say what the outcome will be but certainly worth trying. If you have strong evidence that you relocated outside of Canada due to your spouse's obligations / employment (and not ours), definitely provide that.

If your PRTD is refused and you officially lose your PR status, then your Canadian citizenship spouse can always sponsor you for PR through the spousal sponsorship program again.
 

JohnnyDamien

Star Member
Nov 10, 2021
157
28
You don't lose your PR status when your PR card expires. You only lose your PR status through renouncing it yourself or by having IRCC revoke it. If neither of these has ever happened to you, then you are still a PR.

You have some chance of being able to get a PRTD approved. You should apply, indicating that you have been living with your Canadian spouse outside of Canada for the last five years. You will want to provide evidence to show that you have been living together the last five years. However approval of the PRTD is not guaranteed. IRCC will sometimes apply the "who followed whom" rule when determining if you can count time spent outside of Canada living with a Canadian spouse towards PR. If the reason why you are outside of Canada is primarily due to your spouse, meaning that your spouse moved outside of Canada due to an employment opportunity (for example) and you followed your spouse, then you should be able to count the time. If it's the opposite and your spouse followed you outside of Canada (meaning that you had employment or other obligations outside of Canada and your spouse decided to leave Canada and move there with you), then IRCC may say you do not qualify to count this time. Long story short, impossible to say what the outcome will be but certainly worth trying. If you have strong evidence that you relocated outside of Canada due to your spouse's obligations / employment (and not ours), definitely provide that.

If your PRTD is refused and you officially lose your PR status, then your Canadian citizenship spouse can always sponsor you for PR through the spousal sponsorship program again.
Thanks a million! You have been a great help! I appreciate it.
 

JohnnyDamien

Star Member
Nov 10, 2021
157
28
How much time did you spend in Canada after receiving your PR? How much time did you spend in Canada before getting PR?
After getting PR i spent 3 years, prior to PR none. I applied for PRTD and was told to send my past 5 year travel history just now.
 

canuck78

VIP Member
Jun 18, 2017
58,770
14,538
After getting PR i spent 3 years, prior to PR none. I applied for PRTD and was told to send my past 5 year travel history just now.
Your time with your citizen spouse is likely to be counted. When spouses leave Canada soon after being granted PR there seems to be more issues with the who accompanied whom.
 
  • Like
Reactions: armoured

JohnnyDamien

Star Member
Nov 10, 2021
157
28
Your time with your citizen spouse is likely to be counted. When spouses leave Canada soon after being granted PR there seems to be more issues with the who accompanied whom.
Yes thats what ive been reading. Thing is when i sent the letter to request PRTD i did not know that and told them that i had to leave to follow a job opportunity.