Japanese and Canadian married couple live in Japan

[draeman]

We are planning to move to Japan and my PR card will be expired in 2014.
I'm thinking of renewing my PR card once we come back to Canada since it takes time.
We are not likely coming back before the expiry date and I'm wondering what is the best way.
We have a couple more months before our move and I barely meet the requirement of citizenship right before I leave.

 

[Leon]

If you meet the requirements for citizenship before you leave, you might want to apply before you leave too if you want it. Living with a citizen spouse will not count towards the requirements for citizenship so if you are gone more than a year, you will have to live in Canada for 3 years again before you qualify. If you apply now, you would however have to keep an address in Canada and be ready to jump when the call you for exam and oath.

As for renewing your PR card in 2014, you can send in the application during a visit to Canada at some point closer to the expiry of it. They have started to mail out renewals too now so if you get lucky, you get it in the mail at your spouses relatives address and they can mail it to you in Japan. Or you could just wait until you are back to stay. With a visa exempt passport, you will not have a problem boarding a plane to Canada but when you get to immigration, you can show them your expired PR card and argue that you haven't been able to renew it because you haven't been living in Canada.

 

[draeman]

I thought as long as I live with a Canadian citizen, renewing an expired PR card would not so difficult...
I should really look into this problem more.
I read that a PR status is intact even after the PR card expiration as long as the PR obligation is fulfilled.
I guess the reality is not exactly what the law states.

Thank you so much, I really appreciate your reply.

 

[Leon]

I thought as long as I live with a Canadian citizen, renewing an expired PR card would not so difficult...
I should really look into this problem more.
I read that a PR status is intact even after the PR card expiration as long as the PR obligation is fulfilled.
I guess the reality is not exactly what the law states.

Thank you so much, I really appreciate your reply.

The PR status is intact as long as the PR obligation is fulfilled. However, there are no means in place for PR's who live overseas to renew their PR cards. You have a couple of options there.

1) Try to renew your PR card through the mail using a Canadian address. Immigration rules state that you do not have to physically be in Canada to renew your card but your application to renew must originate in Canada and if you are asked to pick up your card in person, you need to show up.

2) Go to Canada and apply to renew your card, possibly asking for expediated processing and showing a ticket back or just leaving again, hoping that they will mail it to your Canadian address for you.

3) Don't renew your card and wait if and until you move to Canada again and then apply to renew. You can always get into Canada by getting a travel document as long as you meet the requirements.

 

[draeman]

Thank you so much for your reply. That always brings me awesome information.

So, I have a question on this.

1) Try to renew your PR card through the mail using a Canadian address. Immigration rules state that you do not have to physically be in Canada to renew your card but your application to renew must originate in Canada and if you are asked to pick up your card in person, you need to show up.

Can I send my renewal application to my Canadian relative and they send it to Mississauga with Canadian address?
Is there any question asking if I'm present in Canada when I'm sending the application?

I don't want to break a law or get called to a court of being suspicious or something.
I think I read about someone being called and had to make some clarification of not being present in Canada to renew their PR cards.
And most of all, I really do not want to reapply for PR again. That was such a strenuous process!

 

[Leon]

Can I send my renewal application to my Canadian relative and they send it to Mississauga with Canadian address?
Is there any question asking if I'm present in Canada when I'm sending the application?

I don't want to break a law or get called to a court of being suspicious or something.

Yes, you can send your application to a relative and have them mail it in for you. I don't recall there being any question to being present in Canada at the time of applying but they do ask for your address history. You might want to send something to prove that you are living with your spouse, for example utility bills with both your names. You can include a cover letter stating that you are not in Canada at the moment but you can come if you need to pick up your card or if there is an interview required. You will not get in trouble or have to apply for PR again. The worst they can do is refuse the PR card renewal which means you can apply for the PR card again later if you are in Canada at some point. However, immigration manuals do state that it is not a reason to refuse a PR renewal application that the person is not in Canada when they apply.