January 17, 2023
Am I Still a Permanent Resident If My PR Card Expires?
The short answer is yes. A permanent resident (PR) will lose their status in only two ways relating to residency obligation. So, when your PR card expires your status does not.
What are the two ways? A few things to keep in mind for context.
One, an applicant within Canada must not always apply as soon as the PR card expires if the physical residency of at least 730 days in a five-year period is not met. There may be good reason to delay and accumulate more days.
Two, there is not only one way to meet the residency obligation. Pursuant to section 28 of the Immigration and Refugee Protection Act there are different ways in which a PR complies with the residency obligation with respect to a five-year period if, on each of a total of at least 730 days in that five-year period, including they are
(i) physically present in Canada,
(ii) outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or, in the case of a child, their parent,
(iii) outside Canada employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province,
(iv) outside Canada accompanying a permanent resident who is their spouse or common-law partner or, in the case of a child, their parent and who is employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province.
A PR’s compliance is assessed both when the individual applies for a new PR Card (or travel document, if overseas when the PR Card expires) and on entry to Canada. If it is determined that the PR has not been in Canada for at least two years (730 days), a finding may be made to refuse to issue the PR Card (or travel document) or to issue a removal order on entry to Canada.
When a PR does not meet the residency obligation a determination by an officer that humanitarian and compassionate considerations relating to a permanent resident, considering the best interests of a child directly affected by the determination, may justify the retention of PR status and overcome any breach of the residency obligation prior to the determination. If the decision is negative, it can be appealed to the Immigration Appeal Division (IAD) within sixty days. Following which are the two ways a PR can lose their status because of residency.
First, if the PR does not appeal the decision to the IAD within sixty they lose their status and are no longer a PR.
If the refusal/removal order is appealed to the IAD then the PR remains a PR until a final decision is made by the IAD. If the IAD allows the appeal, then the individual is thereafter a PR in good standing. If the IAD refuses the appeal, then the individual loses PR and will have to depart Canada. That decision can be challenged to the Federal Court. If all legal challenges fail this is the second manner in which a person loses their PR. Neither of these are tied to the expiry of a PR card. As a result, again, even if your PR card expires your status does not. Good luck! For more information on PR Cards and Residency Appeals contact our office.
Thank you for reading. Happy 2023!