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Urgent - PR card Renewal, can i leave Canada after applying?

Krishna008

Star Member
Jun 11, 2018
73
6
Hello,

I am planning to apply for PR renewal. Once it is in processing, can I leave Canada. I am planning to go to India for a month and half.

If PR renewal application is denied, then can I come back with my existing valid PR card? Mine is expiring in April 2024. Or will my PR status be lost once this renewal application is denied?

Please respond asap so that I can plan accordingly.

Thank you,
Krishna.
 

steaky

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Nov 11, 2008
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Hello,

I am planning to apply for PR renewal. Once it is in processing, can I leave Canada. I am planning to go to India for a month and half.

If PR renewal application is denied, then can I come back with my existing valid PR card? Mine is expiring in April 2024. Or will my PR status be lost once this renewal application is denied?

Please respond asap so that I can plan accordingly.

Thank you,
Krishna.
Yes, you can return to Canada with your existing PR card.
 
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steaky

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Make sure you meet your RO and follow the instruction in your application package before submission.
 
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Ponga

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Make sure you meet your RO and follow the instruction in your application package before submission.
If the OP's application is denied, are you certain that the existing valid card would still be valid? A denial of the application would likely mean that the Residency Obligation to maintain the status was not, or could not be, met.
 
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steaky

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If the OP's application is denied, are you certain that the existing valid card would still be valid? A denial of the application would likely mean that the Residency Obligation to maintain the status was not, or could not be, met
Or if it is incomplete.
 
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dpenabill

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Apr 2, 2010
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I am planning to apply for PR renewal. Once it is in processing, can I leave Canada. I am planning to go to India for a month and half.

If PR renewal application is denied, then can I come back with my existing valid PR card? Mine is expiring in April 2024. Or will my PR status be lost once this renewal application is denied?
Once a PR card application has been made, generally there is no problem traveling outside Canada while that application is in process.

And there should be no problem using your current PR card, as long as it continues to be valid, to board a flight to Canada.

That said, if a new PR card is issued, that automatically revokes the older PR card (Regulations section 59(2) IRPR, which is here: https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/page-9.html#docCont ) . . . but you should be able to work around this for a six week trip by making the PR card application just before you leave, in which case you should easily return to Canada before the new PR card is issued.

There are also alternatives for returning to Canada, either by applying for a PRTD (PR Travel Document) or, if you have status to travel to the U.S., doing that and using ground transportation to get to the Canadian border.

Of course all this depends on having PR status. Leading to . . .


Loss of PR Status and Further Observations:

If the application for a new PR card is "cancelled" (will address the terminology more below), and the reason it is cancelled is IRCC has determined you do not have PR status, no, your current PR card will not be valid (even though it has not passed its expiration date), because you do not have PR status. Even if an airline would accept it and issue a boarding pass, while that would be a kind of fraud that's not likely to result in prosecution, but the fact you are NOT a PR will mean you will be processed as a Foreign National (FN) upon arrival here, at the Port-of-Entry. For the obvious reason you are no longer a Canadian but, rather, a FN.

Unless there is some reason to apprehend you may have lost PR status, that's a very unlikely scenario.

That said, you are apparently concerned your PR card application might be "denied." It is difficult to address this part of your query not knowing why you are concerned about this.

By the way, for clarity: There is no renewal of PR status; no need to renew PR status. When PRs refer to "planning to apply for PR renewal," most are talking about applying to renew their PR card. Generally I would assume that includes you, that you are aware that PR status does not expire and so does not need to be renewed. So, for example, unless you are planning on traveling outside Canada again soon after you return here from India, you could easily wait to make the PR card application after you return here.

That might be a good idea to reduce the risk of non-routine processing, and avoid the risk of being outside Canada when the card in your possession is revoked, no longer valid.

Disposition of PR card applications; IRCC terms, including "refused," "cancelled," and "withdrawn."

For more complete discussion of IRCC departmental policies in regards to PR cards, see IRCC PDI titled "Permanent resident (PR) card - Departmental policy"

A denial of the application would likely mean that the Residency Obligation to maintain the status was not, or could not be, met.
A "refused" application has no effect on the PR's status, as such, just meaning that the application is closed without any further action taken. This is the procedure when the application is not complete and the PR has not responded to notice.

Similarly, a "withdrawn" application; there is no further processing of the application, and no direct impact on status.

Technically a "cancelled" application means IRCC has determined the individual is NOT a PR. This is not a decision based on inadmissibility (such as inadmissibility for breach of RO), but may follow when inadmissibility has been adjudicated and a Removal Order is enforceable (that is, has taken effect). For example: once a Removal Order is enforceable, that person has lost PR status, and an application for a PR card will be cancelled because they are not a PR.

Note, in particular, if a PR (meaning an individual who does have PR status) makes a PR card application and IRCC determines that PR is inadmissible due to a breach of the RO, that does NOT result in the application being denied. Rather, IRCC will commence inadmissibility proceedings and proceed to adjudicate the PR's admissibility, WHILE, in the meantime, the PR will still be entitled to a PR card, but will be issued a one-year PR card not a five year card.

Most talk about that process by referring to the preparation of the 44(1) Inadmissibility Report.


For @Krishna008 regarding RO compliance issues:

If you are not in RO compliance, that's the real issue. Another subject. If how that might affect your travel plans is the real question, that's what you should be asking about.
 
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Krishna008

Star Member
Jun 11, 2018
73
6
Thank you all for your immediate responses.

My case is, I am about 2.5 months less than RO obligation. But I had to travel to India last year due to family members death and I had to stay there for about 3 months. I want to apply now stating that reason. That is why I was concerned if my renewal application gets denied and if it will have any affect on my current PR card which is valid till Mar 2024. I am planning to travel this week.

Also, Can I apply for renewal from out of Canada? Let's say from India or the US? I don't think so but want to confirm.

Thank you again.
 

dpenabill

VIP Member
Apr 2, 2010
6,282
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Thank you all for your immediate responses.

My case is, I am about 2.5 months less than RO obligation. But I had to travel to India last year due to family members death and I had to stay there for about 3 months. I want to apply now stating that reason. That is why I was concerned if my renewal application gets denied and if it will have any affect on my current PR card which is valid till Mar 2024. I am planning to travel this week.

Also, Can I apply for renewal from out of Canada? Let's say from India or the US? I don't think so but want to confirm.

Thank you again.
BE SURE to fully review the PR card application, the checklist, and all instructions.

To make a PR card application you must affirm, in the application itself, you are IN Canada. The application form will not properly work otherwise.

So, no, you cannot make a PR card application when outside Canada, at least not without committing a serious misrepresentation (affirm you are in Canada when you are not; note, this is a rather easy misrepresentation to catch and prosecute). And, for a PR in breach of the RO, applying for a PR card while outside Canada would be a bad idea anyway.

Note, in particular, you say you have not met the RO; you are NOT eligible for a new PR card if you do not meet the RO.

Additionally, as a PR in breach of the RO, going outside Canada will constitute taking some serious risk of losing PR status.

Making the PR card application when not eligible in itself creates a risk of inadmissibility proceedings potentially leading to loss of PR status.

There are no easy answers to how to best navigate your situation. There are risks in every direction . . . well, except you can avoid the risks by:
-- staying here in Canada until you meet the RO, and​
-- waiting to apply for a new PR card when you meet the RO​

If you are in breach of the PR RO, but feel you absolutely must travel outside Canada (despite the fact this significantly increases the risk of losing PR status, since you currently meet the definition of inadmissible), and you are confident you will be returning to Canada before your current PR card expires, it is probably better to wait until you are back IN Canada to make a PR card application. And once back in Canada, if possible it is best to wait to make the application ONLY AFTER you have stayed long enough to be in RO compliance.

Assuming you make the trip, be prepared if you are questioned about your RO compliance at the Port-of-Entry when you return. Be prepared to make your H&C case, to explain the reasons why you have failed to be in Canada enough to meet the RO, asking to be allowed to keep PR status despite the failure to comply with the RO.

But in making your H&C case you need to deal straight-up with the facts and circumstances. For example, you cannot possibly be in breach of the RO because you had to go outside Canada for three months. NOT close. It takes a total of THREE YEARS being outside Canada, at a minimum, to breach the RO.

I get that what you probably mean is that you would have met the RO except you had to make that trip . . . and now another one. That does not get you far in advancing the case there are H&C reasons why IRCC should allow you to keep PR status despite the failure to comply with the RO. The RO gives the PR plenty of room to be abroad for three months here, six months on another occasion, even a full year or two, totally at the PR's personal discretion, no need to explain why . . . but, of course, this is only so long as the total time outside Canada does not add up to more than 1095 days within five years.

All That Said . . .

If you have a valid PR card and can travel back to Canada while that card is still valid, there is little or no reason to make a PR card application relying on H&C relief before you leave. H&C applications generally take a lot longer than routine PR card applications, so applying sooner (like now, before you leave) is not going to get you a new card anytime soon, certainly not in less than two months.

And either way, whether you have a PR card application pending, or not, when you return to Canada you will be running the risk border officials will make an issue of RO compliance. So even if you have the PR card application pending, when you get back here you might need to persuade border officials you deserve relief from enforcing the RO, that you deserve to keep your PR status despite failing to meet the RO. (Note: worst case scenario is they proceed with inadmissibility proceedings, issue a Removal Order, and then you will be allowed into Canada and you can appeal.)

Assuming the PR card you currently have is your FIRST, and thus assuming you landed and became a PR in early 2019, if you have finally settled and have been living in Canada most of this past year, plus some but for the earlier three month trip, you probably have a good chance of not being issued a Removal Order when you return here, despite being two to four months short of meeting the RO. So, you get here, get into Canada, and this time STAY until you are in RO compliance. You do not need a new PR card anytime soon as long as you are staying (in case you did not know, it is OK to stay without a valid PR card). In contrast, a new PR card will not save your PR status if you leave without meeting the RO.

So, probable best approach if you must take this trip: go (taking some risk doing so), get back, stay and wait to apply for a new PR card when you are RO compliant.
 

steaky

VIP Member
Nov 11, 2008
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Job Offer........
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Thank you all for your immediate responses.

My case is, I am about 2.5 months less than RO obligation. But I had to travel to India last year due to family members death and I had to stay there for about 3 months. I want to apply now stating that reason. That is why I was concerned if my renewal application gets denied and if it will have any affect on my current PR card which is valid till Mar 2024. I am planning to travel this week.

Also, Can I apply for renewal from out of Canada? Let's say from India or the US? I don't think so but want to confirm.

Thank you again.
If you want apply from outside Canada, then PRTD.
 

dpenabill

VIP Member
Apr 2, 2010
6,282
3,042
What if the valid PR card was damaged or lost while the holder is outside Canada?
Sorry, but I very much doubt you are honestly asking whether a PR is eligible for a PRTD if they do not have a valid PR card because the card they had was lost or damaged (as opposed to other reasons for not having a valid card they can use to board a flight to Canada).

Just in case (it's a long shot) you are not trolling, playing games, see the guide for making a PRTD application here:
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5529-applying-permanent-resident-travel-document.html#overview
Spoiler alert: in describing who should apply for a PRTD it does not distinguish reasons why the PR is without a valid PR card.