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Permanent residency criteria

vineet1308

Member
Nov 10, 2018
11
1
Hello All,
I know this question is a repeat but there are some aspects to it that might help families to plan their visit to Canada permanently. Please bear with me here.

My Canada PR expires on say 31st December 2024. So in order to meet the residency requirement, I must enter Canada on or before 1st Jan 2023 and stay in Canada for 2 years straight. This is clear.

Now, let's say I defer my visit by one year to 1st Jan 2024, can someone help answer the following:

1. I can still go in and out of Canada in 2024, correct?
2. After 31st December 2024, since my PR card has expired, I need to stay in Canada to meet the 730 days requirement for another year and then apply for renewal of the PR card. Is this correct?
3. Is it allowed to stay in Canada even if the PR card has expired? I understand that I can re-enter using an expired PR card.
4. If the answer to question 3 is yes, then what services may not be accessible to me during the time I have an expired PR card? Public healthcare, school, bank services, or anything else?

Thanks in advance for your help!

Regards,
Jain.
 

jakklondon

Hero Member
Oct 17, 2021
582
139
I think you are a bit confused. In theory, you can enter Canada anytime you want, as long as you have valid PR status (no matter you have a valid PR card or not. In fact valid card is not equivalent of valid status, one could be stripped of PR status and still posses a valid PR card. Or , one could be holding PR status and never applied for a PR card).
In practice, you need valid PR Card to fly into Canada. If you don't have valid PR card, you can still enter or fly into Canada. But to enter Canada without valid PR card you must be present on US soil (so you can walk or use personal transport to get into Canada). And to fly into Canada without valid PR card you must be a US Citizen.

Next, is the Residency Obligation. Each time you enter Canada you can be asked how much time you spent in and out of Canada. If you have been PR for more than 3 years, they will want to know how much time you spent in the Canada and can spend in Canada to fulfill the 730 day requirement.

If they ever find out that you are in breach of RO, they can do one of two things: report you and issue removal order (which you can appeal within 30 days), or just let you in without reporting. If they report you and you appeal it, you can still go back and forth as many times as you like, while your appeal is being considered by IAD. This usually takes a year.
 

armoured

VIP Member
Feb 1, 2015
15,227
7,754
My Canada PR expires on say 31st December 2024. So in order to meet the residency requirement, I must enter Canada on or before 1st Jan 2023 and stay in Canada for 2 years straight. This is clear.
Actually this isn't correct either - if you became a PR in the last five years, the relevant date is not the expiry of your PR card, but the five-year anniversary of your first date of landing. Typically that might be 30-90 days (for example) before the date of expiry of PR card - assuming a PR who landed and got the PR card by mail a month or so later. But again, the key is the first date of landing, NOT the PR card.

For anyone who has been a PR for longer than five years, the PR card expiry (assuming renewed) is irrelevant for the residency obligation - the 730 days in five years applies on ANY day, looking back five years from the date of 'examination.'

Now, let's say I defer my visit by one year to 1st Jan 2024, can someone help answer the following:
I'm going to make two important changes to your scenario - first, by some magic, the PR card expiry and five-year anniversary of first landing are the same date, 31Dec24. Second, I'm going to speak about ANY day after Jan 3, 2023 (for a PR who landed and left immediately - or more generally, for ANY PR who has spent > 1095 days out of Canada, because if >1095 days, mathematically cannot get to 730 days in the remaining time). [To underline again - this scenario is fanciful in that NO PR will have a PR card issued on the day of landing.]

1. I can still go in and out of Canada in 2024, correct?
PR can always leave Canada. PR can always enter Canada if arriving at port of entry. The question is whether the PR will be reported for non-compliance with the RO or not. This can happen any day the RO is out of compliance, whether in 2023 or 2024.

2. After 31st December 2024, since my PR card has expired, I need to stay in Canada to meet the 730 days requirement for another year and then apply for renewal of the PR card. Is this correct?
Basically yes, PR will need to stay in Canada until 730 days in five years to be compliant. There is a small amount of discussion/disagreement about how problematic it is to apply for new PR card when not-yet-in-compliance (but close). Simple answer: much less likely to have delays or problems if PR applies to renew when already in compliance (and perhaps with a buffer of 30 days or so just in case).

3. Is it allowed to stay in Canada even if the PR card has expired? I understand that I can re-enter using an expired PR card.
Yes. PR card, PR status and residency obligation compliance are all separate things. A PR who is in Canada (and not issued removal orders etc) without a valid card can remain. Even one who is not in compliance can remain and work and do almost everything else.

A PR whose card has expired but is in compliance can eg travel back and forth at land borders without issues (although questions at border about why one hasn't renewed one's card may get tedious) - but generally will not be allowed to board a plane without a PR card. (There are some PRs who reside in Canada and never travel who don't bother or forget to renew their PR cards).

A PR whose card is expired and who is not in compliance with the RO must be admitted (assuming they can prove who they are) but can be reported. Again, PR with the expired card likely can't board a plane to Canada.

Worth perhaps noting: the valid PR card is separate from RO compliance (and indeed even PR status) - but of course there may be a lot of contexts where the valid PR card at least gets you the benefit of the doubt.

4. If the answer to question 3 is yes, then what services may not be accessible to me during the time I have an expired PR card? Public healthcare, school, bank services, or anything else?
A PR who is not in compliance with the RO (with valid PR card or not) cannot sponsor a family member; and more generally, should avoid interactions with IRCC, which will have a risk of getting reported for non-compliance. Mostly this means travelling as little as possible. Again, this is not tied to validity of the PR card.

As for most other services, it mostly depends on provincial government requirements for eg healthcare, getting driver's licenses, etc. Different provinces have different requirements.

The easiest way to generalize here: the situation is VERY different for a PR already in Canada and who already has healthcare, DL, SIN, etc. For the most part, those documents do not 'expire' in a way linked to PR card, and in many cases, may not ask for updated PR document when renewing. Most private sector entities won't ask to check PR status in future. (In some cases, a PR who moves provinces might have an issue).

The situation can be quite different for a PR who arrives out-of-compliance and without a valid or recent PR card and doesn't have or hasn't used some of these essential documents and accounts. Again, will depend on the specific province, agency, context, or private-sector company involved. To give any meaningful detail would get way into the weeds. Best to not get in such a situation.


[Note: I'm sure this already-long response leaves out some scenarios or cases - notably eg those who get PRTDs or admission under H&C considerations - let's just leave as separate issues.]
 

Aleks30

Star Member
Oct 1, 2021
73
18
Canada issues PR for living in CANADA!
Yes. Canada needs new immigrants.
BUT. Canada also knows that people just want to have a siding.
The officer may just want to check your permanent residence, your car, place of work, insurance and tax payments, etc.
And as soon as he sees that you are a tourist (and not a permanent resident), he will have every reason to deprive you of your status PR.
 

YVR123

VIP Member
Jul 27, 2017
6,431
2,460
Canada issues PR for living in CANADA!
Yes. Canada needs new immigrants.
BUT. Canada also knows that people just want to have a siding.
The officer may just want to check your permanent residence, your car, place of work, insurance and tax payments, etc.
And as soon as he sees that you are a tourist (and not a permanent resident), he will have every reason to deprive you of your status PR.
This is totally INCORRECT.
A PR is always allow into Canada at the border. But he/she could be reported for non-compliance of his/her PR RO.
 

Aleks30

Star Member
Oct 1, 2021
73
18
Did I say they won't let you in?
As an example.
You did not live in Canada at all. And you enter on the last day of your valid card.
You MAY be stopped. Then a long conversation with the officer (my friend was stopped for 6 hours) - and right at the airport to enter into the computer an application for the loss of status (with the term of your appeal - in 30 days).
But you will of course be allowed to enter Canada.
 

YVR123

VIP Member
Jul 27, 2017
6,431
2,460
Did I say they won't let you in?
As an example.
You did not live in Canada at all. And you enter on the last day of your valid card.
You MAY be stopped. Then a long conversation with the officer (my friend was stopped for 6 hours) - and right at the airport to enter into the computer an application for the loss of status (with the term of your appeal - in 30 days).
But you will of course be allowed to enter Canada.
"And as soon as he sees that you are a tourist (and not a permanent resident), he will have every reason to deprive you of your status PR. "
This is what I got from your earlier reply. Anyway...
That's related to him not meeting his RO. Not the way that he is a "tourist".
 

jakklondon

Hero Member
Oct 17, 2021
582
139
Canada issues PR for living in CANADA!
Yes. Canada needs new immigrants.
BUT. Canada also knows that people just want to have a siding.
The officer may just want to check your permanent residence, your car, place of work, insurance and tax payments, etc.
And as soon as he sees that you are a tourist (and not a permanent resident), he will have every reason to deprive you of your status PR.
May be the question that policy makers should ask themselves is: why someone coming from Third World Country with poor economy still runs away from Canada? How bad Canadian economy treats newcomers that they are better off where they came from? After all, it must be some false and fake advertisement, all that bruhaha about Canada being number one country in the world for quality of life and what not.
So many people with PR status wouldn't look at it as a tourist destination if it was half decent in providing a job and living standards those people are coming from. Only wealthiest oligarchs would do such a thing (it costs a LOT OF EFFORT and also money to apply for and get qualified for Canadian PR as skilled immigrant).
Border agent may have legal grounds to strip someone of PR for not being compliant with RO, but in no way it means that the requirement is anything less than ridiculous.
 

bmw2257

Member
Mar 16, 2016
19
0
Did I say they won't let you in?
As an example.
You did not live in Canada at all. And you enter on the last day of your valid card.
You MAY be stopped. Then a long conversation with the officer (my friend was stopped for 6 hours) - and right at the airport to enter into the computer an application for the loss of status (with the term of your appeal - in 30 days).
But you will of course be allowed to enter Canada.

Hi

Does by any chance the officer has the right to stop anyone coming to Canada just because the officer feels that the person may never be able to meet the RO as the person in question was not able to provide satisfactory H& C Grounds at the POE . I have got in touch with a consultant who says the officer might just force you to return in next flight to home country if he feels the person hasnt provided a valid reason .But that looks very strange.I mean if a PR remains a PR till it has been cancelled by relevant authorities and has a valid PR card in hand how can an officer ask him to return back .
 

IndianBos

Hero Member
Oct 8, 2014
303
137
Toronto, Canada
Category........
FSW
Visa Office......
CPC-O
NOC Code......
2174
App. Filed.......
19-Jun-2014
Nomination.....
16-Oct-2014
File Transfer...
11-Dec-2014
Med's Request
24-Apr-2015 (Delayed for adding a child)
Med's Done....
9-May-2015 (Updated 29-May-2015)
Interview........
N/A
Passport Req..
17-Jun-2015 (mailed 29-June-2015)
VISA ISSUED...
11-Jul-2015
LANDED..........
7-Sep-2015
Hi

Does by any chance the officer has the right to stop anyone coming to Canada just because the officer feels that the person may never be able to meet the RO as the person in question was not able to provide satisfactory H& C Grounds at the POE . I have got in touch with a consultant who says the officer might just force you to return in next flight to home country if he feels the person hasnt provided a valid reason .But that looks very strange.I mean if a PR remains a PR till it has been cancelled by relevant authorities and has a valid PR card in hand how can an officer ask him to return back .
Irrespective of what the consultant says, the border officer cannot deny entry to a PR with a valid PR Card. Never heard a case that proves otherwise. They can file to revoke the PR (which one has the right to appeal within 30 days), but they still need to let the person in. H&C cases are determined during the appeal process, not at the border.
 

IndianBos

Hero Member
Oct 8, 2014
303
137
Toronto, Canada
Category........
FSW
Visa Office......
CPC-O
NOC Code......
2174
App. Filed.......
19-Jun-2014
Nomination.....
16-Oct-2014
File Transfer...
11-Dec-2014
Med's Request
24-Apr-2015 (Delayed for adding a child)
Med's Done....
9-May-2015 (Updated 29-May-2015)
Interview........
N/A
Passport Req..
17-Jun-2015 (mailed 29-June-2015)
VISA ISSUED...
11-Jul-2015
LANDED..........
7-Sep-2015
Hello All,
I know this question is a repeat but there are some aspects to it that might help families to plan their visit to Canada permanently. Please bear with me here.

My Canada PR expires on say 31st December 2024. So in order to meet the residency requirement, I must enter Canada on or before 1st Jan 2023 and stay in Canada for 2 years straight. This is clear.

Now, let's say I defer my visit by one year to 1st Jan 2024, can someone help answer the following:

1. I can still go in and out of Canada in 2024, correct?
2. After 31st December 2024, since my PR card has expired, I need to stay in Canada to meet the 730 days requirement for another year and then apply for renewal of the PR card. Is this correct?
3. Is it allowed to stay in Canada even if the PR card has expired? I understand that I can re-enter using an expired PR card.
4. If the answer to question 3 is yes, then what services may not be accessible to me during the time I have an expired PR card? Public healthcare, school, bank services, or anything else?

Thanks in advance for your help!

Regards,
Jain.
As others have noted, the PR Card expiry date is irrelevant to calculate the residency obligation. To answer your questions:

1. I can still go in and out of Canada in 2024, correct? - Yes

2. After 31st December 2024, since my PR card has expired, I need to stay in Canada to meet the 730 days requirement for another year and then apply for renewal of the PR card. Is this correct? This is incorrect. At the back of your PR Card, there is a date called "PR Since". Count 5 years from that date, and you have to stay in Canada for 2 years in those 5 years (this is residency obligation). You can apply for PR card renewal upto 6 or 9 months before the expiry date, just make sure you meet the residency obligation.

3. Is it allowed to stay in Canada even if the PR card has expired? I understand that I can re-enter using an expired PR card. Yes. you can stay with expired PR Card. You can only enter through land border with an expired PR card, airlines won't let you board the flight with expired PR card.

4. If the answer to question 3 is yes, then what services may not be accessible to me during the time I have an expired PR card? Public healthcare, school, bank services, or anything else? If you entered with a valid PR card and applied for any of these services, you can continue to use them. They don't get taken away at the expiry of your PR card.
 

Aleks30

Star Member
Oct 1, 2021
73
18
My friend has not lived in Canada for a SINGLE DAY.
In the last month of the card's validity, he decided to enter Canada, apply for a card renewal, to write down the reasons for not entering Canada in 5 years, and in a week travel further to another country.
(he told me himself)
And he was stopped on arrival at the airport in Canada.
Pay attention to the questions of the border guard who spoke to him.
...................................
-Why haven't your family moved to Canada in 5 years?
--my son studied and then joined the army. My mother was sick.
-It doesn't matter to us. The son was already completely summer. You could have come without him.
- If I now let you into Canada as a PR, can you guarantee me that you will stay here to live? :)
-No, I have tickets for a ship in another country in a week.
-Okay. Can you tell me when you can come to permanent residence?
-No I dont know..
-“Understand, you are stopped by me. I have to write the reason for the stop and the result to your file.
Understand ... you just lose the right to PR
-Yes, I understand..
-Think ... I'll wait.
After 2 hours, a friend said he didn't know what to do.
And the officer told him that he can enter Canada, and the procedure for losing PR begins.He will receive the letter of appeal in the mail.
Of course, all cases are completely different, depending on the officer and many other factors.
But I worked with a friend and he told me this himself after the vacation.
 

YVR123

VIP Member
Jul 27, 2017
6,431
2,460
My friend has not lived in Canada for a SINGLE DAY.
In the last month of the card's validity, he decided to enter Canada, apply for a card renewal, to write down the reasons for not entering Canada in 5 years, and in a week travel further to another country.
(he told me himself)
And he was stopped on arrival at the airport in Canada.
Pay attention to the questions of the border guard who spoke to him.
...................................
-Why haven't your family moved to Canada in 5 years?
--my son studied and then joined the army. My mother was sick.
-It doesn't matter to us. The son was already completely summer. You could have come without him.
- If I now let you into Canada as a PR, can you guarantee me that you will stay here to live? :)
-No, I have tickets for a ship in another country in a week.
-Okay. Can you tell me when you can come to permanent residence?
-No I dont know..
-“Understand, you are stopped by me. I have to write the reason for the stop and the result to your file.
Understand ... you just lose the right to PR
-Yes, I understand..
-Think ... I'll wait.
After 2 hours, a friend said he didn't know what to do.
And the officer told him that he can enter Canada, and the procedure for losing PR begins.He will receive the letter of appeal in the mail.
Of course, all cases are completely different, depending on the officer and many other factors.
But I worked with a friend and he told me this himself after the vacation.
This sounds like the expected procedure. The CBSA reported this and the process to revoke his PR will start. He still get a chance to appeal. But well, since he has no plan to enter to live nor the intend to, I don't see a high chance of successful appeal.
Your friend can enter.