Citizenship and Residency Obligations
Immigration Lawyers for Canadian Citizenship and Canadian PR Residency Obligations
When you officially travel to Canada to become a Permanent Resident (or “Landed Immigrant”), you will not receive your “PR Card” right away. It can take weeks or months to receive it and so if you need to travel before receiving your PR Card, it’s important that you contact us at [email protected] as there are complex rules around returning to Canada.
Travelling with a Canadian PR Card is required for travel on planes, boats, buses, trains (commercial carriers) but is not required when entering Canada by private car or on foot.
It is also important that you keep in mind that the general rule is that you must live in Canada 2 in 5 years in order to renew your PR Card. Note that time spent with a Canadian citizen spouse abroad counts as a day in Canada. Also, technically, time spent working for a Canadian company abroad counts as a day in Canada too but do not presume that incorporating a non-active company with hardly any employees or income will be sufficient.
The test for citizenship is different and requires physical presence in Canada for 3 out of 5 years. Time spent with a Canadian spouse or working for a Canadian company abroad do NOT count here.
If you are not yet a Permanent Resident and are looking to become one, our team of lawyers can help. Please visit our PR Application page here.
Canadian Citizenship and PR Obligations Services
Expired PR Card – Inside of Canada
At Jain Immigration Law, we recommend that we apply for your PR Card 9 months before it expires. Processing times have gone up and down and it’s important to have a PR Card to be able to fly back into Canada.
We can assist you in properly documenting that you met your residency obligation test. The general rule is that you must live in Canada 2 in 5 years in order to renew your PR Card. Note that time spent with a Canadian citizen spouse abroad counts as a day in Canada. Also, technically, time spent working for a Canadian company abroad counts as a day in Canada too but do not presume that incorporating a non-active company with hardly any employees or income will be sufficient.
Renewing Expired PR Cards – Outside of Canada (Travel Documents)
If your PR Card has expired and you are outside of Canada, you may be able to enter via the US-Canada border by private car if you do not need a visa to enter the U.S. or you have one. Another option may be to apply for a Travel Document at the visa office servicing your area. This is a document that functions like a PR Card but it’s for a shorter duration (typically not the full 5 years of PR Card validity). We can assist you in properly documenting that you met your residency obligation test. The general rule is that you must live in Canada 2 in 5 years in order to renew your PR Card. Note that time spent with a Canadian citizen spouse abroad counts as a day in Canada. Also, technically, time spent working for a Canadian company abroad counts as a day in Canada too but do not presume that incorporating a non-active company with hardly any employees or income will be sufficient.
Citizenship Applications
You may qualify for Canadian citizenship if you were born to a Canadian parent. Otherwise, you may qualify if you are at least 18 years old and have lived in Canada for 3 years as a permanent resident (up to one year of time spent in temporary residence status may count towards the 3 year requirement in certain circumstances).
There are prohibitions which may apply. Criminality could prohibit you from applying. If you have been convicted within the 3 years before applying or are charged or were in prison within the last 3 years or on parole or probation, you could be refused. Also, if you are under a removal order (were asked to leave Canada) or if there are concerns you committed a war crime or crime against humanity or if your citizenship was revoked, please contact us for a consultation.
Canadian Citizenship and Residency Obligations Frequently Asked Questions
Can I still work if my Canadian PR is expired?
Yes, there is a difference between your PR Card expiring and your permanent residence status. A PR Card is needed for travel but some permanent residents never wish to travel outside of Canada – they are still considered full permanent residents. Having said that, it can be important to have a valid PR Card to access health care services etc.
Can I travel with an expired Canadian PR?
You may leave Canada but you need a valid PR Card or Travel Document to return to Canada on a commercial plane, bus, train or boat. You could travel by private car from the U.S. though.
What happens if my Canadian PR expires when I’m overseas?
We would be happy to assist you apply at the right time and professionally with the proper documentation as we know how important it is to many of our clients that they be able to travel by plane (and a valid PR Card or Travel Document is required for permanent residents to enter Canada by plane).
How many times can I renew my Canadian PR?
Indefinitely, provided you meet your residency obligations.
Do I need a lawyer if my PR card is expired?
We would be happy to assist you apply at the right time and professionally with the proper documentation as we know how important it is to many of our clients that they be able to travel by plane and a valid PR Card or Travel Document is required for permanent residents to enter Canada by plane.
Am I still a resident if my PR card expires?
Yes, there is a difference between your PR Card expiring and your permanent residence status. A PR Card is needed for travel but some permanent residents never wish to travel outside of Canada – they are still considered full permanent residents. Having said that, it can be important to have a valid PR Card to access health care services etc.
Canadian Citizenship and Canadian PR Residency Obligations
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