Urgent Clarification about PR renewal.

[KSA99]

Dear All,

We the Canadian PR holders reside outside Canada….the PRs which we have are valid upto the 20th of JANUARY,2014. We stayed in Canada in only one month. In regards to this there are certain clarifications that I would like to make:

Q1) At what time can we apply for the renewal of our PR cards?

Q2) For the renewal of our PR , is it necessary for all of us to be in Canada or would it be possible to apply for renewal while being outside Canada?

Q3) Would our presence in Canada be essential to receive the renewed PR or would it be acceptable to receive it indirectly through our friend / relatives?

Your prompt reply would be appreciated….

Thanking you.

 

[scylla]

Are you aware that to keep your PR status, you must live in Canada for two out of every five years? As of now, you don't qualify to renew your PR cards.

If you want to keep your PR status, you should return to Canada as soon as you can and remain in Canada for two years straight without leaving. At that point you will qualify to renew your PR cards.

 

[Lonely Husband]

Yes, scylla is 100% right. If you read the conditions of renewal closely, it says about physical presence in Canada which applicant has to prove to get the PR renewed.

 

[Leon]

Yup, Scylla is right.

If you want to keep your PR, return to Canada ASAP before your PR cards expire and hope you are allowed in without being reported on entry. Then stay for 2 years without leaving and only then can you apply to renew your PR cards as you will then meet the residency obligation again.

The immigration officer would have the right to report you on entry for not meeting the residency requirements. If they do, you would have to appeal for your PR stating your reasons for not staying in Canada 730 days in your first 5 years as a PR. If you have no mitigating circumstances, you would lose your appeal. Mitigating circumstances would be serious health problems in the family, taking care of a severely ill relative etc. and you would be asked to prove that. Not wanting to leave a good job or staying because of education would not be considered.

As for the answers to your questions,

q1) You may apply to renew your PR card up to 6 months before they expire but you would have to meet the residency obligation.

q2) It is generally expected of you that you are in Canada to renew your PR card but there is a loophole that says that your absence from Canada can not be solely used to refuse your application.
Not meeting the RO is however a very good reason to refuse your application and revoke your PR at the same time.

q3) Immigration sometimes mails renewals out and sometimes they ask people to pick them up. A person who does not live in Canada and applies while they are outside Canada could expect to be asked to pick their card up in person and if that is the case, you must show up yourself. You can not send a friend or a relative to pick it up for you.