December 11, 2008
Can My Mother Apply for Another Permanent Residency Card?
Q: I came across one of your articles on 24H about 3-4 months ago and copied your e-mail as I need some professional advice as I do not want to risk losing my mother’s permanent resident status. My family became permanent residents in 1995. My father and I both became Canadian citizens in 2000, while my mother still holds the permanent resident status. Her permanent resident card expires next September. She spends most of her time in Taiwan (approximately 10-11 months per year), accompanying my father who went back to Taiwan after becoming a Canadian citizen. I was wondering whether the same rule still applies that persons who accompany Canadian citizens outside of Canada counts towards time spent in Canada?
A: Often people come to Canada to obtain the permanent residency, but then go back to their job that they do not want to abandon. To maintain the residency status the person must be here at least 730 days in a five-year period. Specifically:
- physically present in Canada;
- outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or, in the case of a child, their parent;
- 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,
- 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.
These are the main requirements and obviously your mother fits the profile of the 2nd category as she lived outside Canada accompanying a Canadian citizen who is her spouse.
Your mother should apply for renewal of her permanent resident card, allowing the required time for the processing of her application, so that she obtain it before the expiry date in September 2008.
Be aware that to become a Canadian citizen different tests apply. Thank you for your question.