PR renewal Suggestion

[jiyamano15]

Hello

I became PR in 2011. Due to my business I don't live in Canada but i visit Canada every year for few weeks with my family. My family (wife n kids) are Canadian citizen and they live with me outside of Canada. My PR is expiring next year in September.

My question is when is the best time for me to renew my PR card. I checked cic.gc.ca that it takes 159 days for the renewal of application.
I already met residency obligation by accompanying my Canadian spouse.

Secondly, do i need to be present in Canada during the process of renewal? or i can just apply and fly back.

Thanks,

 

[Leon]

They do kind of want you to be in Canada in order to renew it but they also say that your application can not be denied solely based on that you aren't. You do have to have your application mailed from within Canada whether you do it yourself or have someone else mail it in for you. You do have to give a mailing address in Canada for immigration correspondence. You should be completely truthful on your application that you do not live in Canada and the address is just a safe address to receive your mail. CIC will very likely request that you pick up the renewed PR card in person. You would have up to 6 months to do that. If you don't, they send it back to headquarters and destroy it and you would have fill out a new renewal application.

 

[jiyamano15]

Thanks a lot leon for reply.
Much appreciate it.
Ya i have very safe adress in canada(my in laws).
I can come my self or just ask my father in law to mail application to cic.
Ofcourse i clearly declare that i was completely out of canada and was accompanying my Canadian spouse all the time abroad.
Last point best time to apply for renewal?
My PR is expiring in september 2016 and i am from non visa exepmt country but do have us b1/b2 visa.
Keeping in mind most likely i have to pick my PRC IN person best time to apply?
Thx a lot
Cheers

 

[Leon]

Thanks a lot leon for reply.
Much appreciate it.
Ya i have very safe adress in canada(my in laws).
I can come my self or just ask my father in law to mail application to cic.
Ofcourse i clearly declare that i was completely out of canada and was accompanying my Canadian spouse all the time abroad.
Last point best time to apply for renewal?
My PR is expiring in september 2016 and i am from non visa exepmt country but do have us b1/b2 visa.
Keeping in mind most likely i have to pick my PRC IN person best time to apply?
Thx a lot
Cheers

The earliest you can apply to renew is 6 months before your card expires. If you apply earlier than that, they will not process your application but mail it back to you. Apply about 5 months and 3 weeks before it expires and you will be on the safe side that you should get it before your old card expires. Even if that were not the case, if you have a visa to the US, you will not have any problem flying there and crossing into Canada by land in a rental car.

 

[dpenabill]

Hello

I became PR in 2011. Due to my business I don't live in Canada but i visit Canada every year for few weeks with my family. My family (wife n kids) are Canadian citizen and they live with me outside of Canada. My PR is expiring next year in September.

My question is when is the best time for me to renew my PR card. I checked cic.gc.ca that it takes 159 days for the renewal of application.
I already met residency obligation by accompanying my Canadian spouse.

Secondly, do i need to be present in Canada during the process of renewal? or i can just apply and fly back.

Thanks,

It is almost always best to follow the instructions, which for the PR card include the instruction that the PR must be in Canada to be eligible for a new PR card.

The application requires the PR to disclose the address for his or her actual residence. Sure, many in your situation can fudge this, get away using a Canadian address which is, as some say, a secure address for getting mail. Better practice is to follow the instructions. For PRs who are living abroad and otherwise in compliance with the PR RO, yes this can cause some inconvenience for traveling regularly to Canada. But why create a track record in your immigration history that might suggest you are less than entirely truthful in submitting information to CIC? Is it really worth making a record of fudging your address in order to avoid the inconvenience of not having a currently valid PR card? Remember, the PR card has no effect on PR status.

I understand my perspective regarding this is contrary to the conventional wisdom. And, if there is a change in the government, perhaps another government will not interpret and apply the rules this way (as Leon observes, CIC cannot deny a PR the PR card because the PR is outside Canada). But for now the instructions are clear and under the way CIC is currently processing PR card applications, the only way to get a new PR card (without going through a lengthy secondary review process) is to be living in Canada . . . or pretend to be living in Canada (and the latter is simply not a good idea).

 

[kateg]

I became PR in 2011. Due to my business I don't live in Canada but i visit Canada every year for few weeks with my family. My family (wife n kids) are Canadian citizen and they live with me outside of Canada. My PR is expiring next year in September.

If you are accompanying your spouse and you live outside the country, you don't really need a P/R card. P/R cards are (as dpenabill comments) for those living in Canada.

As long as you accompany your Citizen spouse, you can apply for a travel document. Let them know you are accompanying your spouse (and include proof of such), and you should be fine.

That being said, should you ever move back to Canada, you can apply for a card then.

 

[Leon]

It is almost always best to follow the instructions, which for the PR card include the instruction that the PR must be in Canada to be eligible for a new PR card.

Operational manual ENF27 at http://www.cic.gc.ca/english/resources/manuals/ states the following:

R56(2) states clearly that a PR card application must be made in Canada. Furthermore, the card must be delivered in person to each applicant, pursuant to R58(3), and be picked up within 180 days of the person receiving notification that it is ready for collection. This enhances the integrity of the application process, allowing the local office to contact the client to review documentation and assess residency issues in person. However, it is recognized that the Regulations do not specify physical presence in Canada for purposes of filing a PR card application. Applications cannot be refused solely on the basis of evidence that the applicant was not in Canada when the application was filed. However, applicants are expected to provide an address in Canada where they may be contacted to provide additional information or to present themselves in person for the purposes of reviewing either identification or eligibility for the PR card. The CPC may refer a case to a local CIC if all or part of the application originated from outside Canada, and if there are questions as to the client’s identity, status or residency history, or the authenticity of the documentation. Clients must report in person to pick up their card in Canada, in accordance with R58(3).

So as far as I can see, the application must be made in Canada, however, it can not be refused based on the applicant not being in Canada when it was filed. I understand this to mean that it is perfectly legal to have someone else mail your application for you from within Canada while you are not in Canada yourself, as long as you provide a mailing address in Canada where you can be contacted. There would be absolutely no reason to lie about living in Canada and I wouldn't recommend that either.

If you are accompanying your spouse and you live outside the country, you don't really need a P/R card. P/R cards are (as dpenabill comments) for those living in Canada.

True but in some cases it can be worth it to keep the PR card valid. For example if they live in a country with a long travel document processing time and it's possible that they might have to go to Canada on short notice.

 

[zardoz]

Conversely, http://www.cic.gc.ca/english/information/pr-card/apply-who.asp (Date Modified: 2015-04-17) states that a condition of eligibility is that ...you...are in Canada.

http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp (Date Modified: 2015-09-08) states

Assessing your eligibility

To be eligible for a PR Card, you must:

be a permanent resident of Canada
be physically present in Canada
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

Finally, http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp (Date Modified: 2015-09-08) asks for your residential address in Canada in Q12. Under Q13, it states that processing will be delayed until a valid answer to Q12 is provided. You would have to lie in answering Q12 to complete the application.

This would appear to be a later publication than ENF27 even if it is only a month or so...

 

[HighFive]

Hello

I became PR in 2011. Due to my business I don't live in Canada but i visit Canada every year for few weeks with my family. My family (wife n kids) are Canadian citizen and they live with me outside of Canada. My PR is expiring next year in September.

My question is when is the best time for me to renew my PR card. I checked cic.gc.ca that it takes 159 days for the renewal of application.
I already met residency obligation by accompanying my Canadian spouse.

Secondly, do i need to be present in Canada during the process of renewal? or i can just apply and fly back.

Thanks,
[/quote0]

Manual - http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp - says:

"Important information: Do not apply for a renewal of your current PR card if it is still valid for more than nine (9) months (270 days), unless it is due to a legal name change. Otherwise, your application will be returned."

So technically you should be able to sign & send them a renewal application 269 days before your PR card expiration date.

 

[Leon]

Finally, http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp (Date Modified: 2015-09-08) asks for your residential address in Canada in Q12. Under Q13, it states that processing will be delayed until a valid answer to Q12 is provided. You would have to lie in answering Q12 to complete the application.

This would appear to be a later publication than ENF27 even if it is only a month or so...

You wouldn't have to lie. You would simply change the form to fit your needs. Whiteout over "current residential" and write "mailing" instead. Then nobody can accuse you of having lied. Then include a cover letter stating that you are not living in Canada but are providing a safe address in Canada for correspondance.

Q12 has not been changed recently. It's been the same for years. I know of people having applied for PR cards from outside Canada successfully using this method. However, I also know of one where they refused because the person mailed their application from outside Canada which is not according to the rules.