Work Auth on Expired PR Card?

[Kellye]

I am an American married to a Canadian for 17 years. I have an expired PR card (expired 2011, issued in 2006). Our family (my husband and our 2 Canadian children) lived in the US from 2007 until last month when we moved back to Canada (Winnipeg). My job required me to relocate.

I did not meet the two year requirement from when the PR card was issued. We were told at the border when we crossed that because our family was together and because we have been married so many years, I should be able to get my PR card renewed easily. Can you confirm this information as being correct? Also, while I am waiting, am I allowed to work with my expired card and SIN? Thanks in advance for your reply!

 

[MrSputnik]

Canadian Permanent Residents must meet certain residency obligations or they may lose their Permanent Resident status. Two years of "residency days" must be accumulated in every five-year period. Residency days need not be consecutive and may be accumulated inside or even outside of Canada, in the following ways:

Inside Canada:
By physical presence

Outside of Canada:
By accompanying a Canadian citizen spouse/common-law partner, or
As a child accompanying a parent, or
By employment on a full-time basis with a Canadian enterprise or the Public Service of Canada, or
By accompanying a Canadian Permanent Resident who is outside Canada and who is employed on a full-time basis by a Canadian enterprise or the Public Service of Canada, as the employee's spouse/common-law partner or child.

If I understand the pr obligations correctly since your where living in the US with your spouse wouldn't that count towards your pr obligations? I think you can apply for a new pr card?

 

[Rob_TO]

I am an American married to a Canadian for 17 years. I have an expired PR card (expired 2011, issued in 2006). Our family (my husband and our 2 Canadian children) lived in the US from 2007 until last month when we moved back to Canada (Winnipeg). My job required me to relocate.

I did not meet the two year requirement from when the PR card was issued. We were told at the border when we crossed that because our family was together and because we have been married so many years, I should be able to get my PR card renewed easily. Can you confirm this information as being correct? Also, while I am waiting, am I allowed to work with my expired card and SIN? Thanks in advance for your reply!

Read here: http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp

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Appendix A: Residency obligation
You must meet the residency obligation to obtain a Permanent Resident Card.
If you have been a permanent resident for five (5) years or more you must have been physically present in Canada for a minimum of 730 days within the past five (5) years.

Time spent outside of Canada

You may also count days outside of Canada as days for which you satisfy the residency obligation in the following circumstances:

OPTION 1. Accompanying a Canadian citizen or permanent resident outside Canada
You may count each day that you accompanied a Canadian citizen or permanent resident outside Canada provided that
the person you accompanied is your spouse, common-law partner or parent
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You will need to submit an application for your PR card renewal. Note that as part of this application you'll need:
If you were outside Canada for 1095 days or more in the past five years
If applicable:
proof of your relationship to the Canadian citizen you accompanied abroad and proof of his or her citizenship; and proof that your Canadian citizen spouse, common-law partner or parent was outside Canada with you;

With this you should be able to renew your expire PR card no problem.

I believe during the time you're waiting, you are allowed to work. Your PR card is expired, not your SIN. And you PR status is in force as of right now, so I don't see why your SIN would be reported as cancelled. You would only lose SIN if your PR status was revoked. Note i'm not 100% certain on this, so best to call up the SIN department of the government to ask.