hkp1102 said:
Hi,
Can i renew my PR card if i am residing out side Canada ?
i got my PR on Sept/2011. it is going to expires in Feb 2017.
during this tenure i have visited Canada briefly for 1 month.
My spouse is Canadian citizen (Feb 2013) who accompanies me in USA sinces March 2012
I am on H1B Visa, but not in a situation to travel Canada because of stamping issues.
is there a way to renew my PR card?
Not really, not unless and until you return to Canada.
In the meantime, IRCC appears to have revised policy regarding the issuance of PR Travel Documents and will issue a PR TD valid for multiple use to PRs who are living outside Canada on a long-term basis, such as a PR accompanying a Canadian citizen spouse. See the last part of the instruction guide for PR TD applications, where it answers the question "What if I am living outside Canada on a long-term basis?"
See http://www.cic.gc.ca/english/information/applications/guides/5529ETOC.asp
thecoolguysam said:
As long as you have maintained the RO, you can renew your PR card. I am not sure that mailing the application from outside Canada could cause any issues and I suppose once PR card is issued, the card would be mailed in Canada only not outside Canada. I am not sure if they can mail it in USA.
But on the other side, you would be mentioning your USA address anyway for the past 5 year history and cic will know that you live in USA,
Write the mailing address in Canada for any correspondence including getting new PR card and make sure someone checks the mail on your behalf so that you don't miss any letters from CIC. Also, try contacting CIC to check if the PR card can be mailed to USA and if yes, you can mention the mailing address in USA.
thecoolguysam is overlooking or ignoring the information posted by IRCC which clearly states to be eligible for a PR card, the PR must
be in Canada.
For example, at the web page regarding basic information about applying for a PR card it states that a person can apply for a PR card if that person has PR status and is in Canada. See http://www.cic.gc.ca/english/information/pr-card/apply-how.asp
In the instruction guide for applying for the PR card, it states:
To be eligible for a PR Card, you must:
* be a permanent resident of Canada;
* be physically present in Canada;
* meet the residency requirement (see Appendix A – Residency obligation);
* not be under an effective removal order;
* not be a Canadian citizen; and
* not be convicted of an offense related to the misuse of a PR Card
see http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp
Being a PR and meeting the PR Residency Obligation is just one aspect of eligibility for a new PR card.
It may be noted that neither the statutory provisions nor the regulations specifically prescribe presence in Canada as a requirement to be issued a PR status document. There has been some authority stating that the government cannot refuse to issue a PR card on the grounds the PR is outside Canada. Notwithstanding this, however, the policy requiring the application to be made in Canada, and the general practice of not processing PR card applications if the government recognizes that the PR is outside Canada, has been in place for a long while and appears to continue to be the applicable policy and practice.
Also, there is no doubt, IRCC does
NOT mail PR cards to addresses outside Canada. Does not happen.
Many PRs have employed various means of skirting the policy and practice. These are not recommended. Especially any method which involves use of an address which is not the PR's actual residential address, not the place where the PR actually lives. There are some so-called consultants who appear to offer work-arounds. Steer clear of them and their advice.
In particular, one of the elements of the more commonly employed work-arounds is using an address in Canada, one provided by a consultant or family member or close friend. If lucky, sure, IRCC might approve the application, issue a new PR card, and mail it to that address. A trusted individual there could then mail the PR card to the PR abroad.
thecoolguysam identifies the problems with this: the PR must provide a work history, address history, and time outside of Canada history. The PR must, in effect, let IRCC know the PR is living outside Canada.
Put it this way: IRCC will figure things out unless misrepresentations are made, and most often even then. Making misrepresentations in an application to IRCC in effect amounts to making an application for termination of PR status, with the possibility of a stint in government provided housing, secure housing, along the way to deportation.
Look into the multiple-use PR Travel Document option unless and until you are actually relocating to Canada.
