I have below queries related to my wife's PR.
1. Her PR was issued in Mar 2018(Card valid till June 2023) but she landed and went back after spending 4 months in canada in 2018. Then she landed in Sep 2021, so my question is can we apply her PR card now or should we wait till her 730 days to get completed? Also she spent 55 days last year outside of Canada(due to her mother illness) so she will e completing the 730 days by oct 2023(end). Please suggest on this.
2. If she is planning to visit back home(due to mother health issue) in Nov 2023, will she able to go without any concern? PS: Either she will be travelling on expired PR card(but after applying for the renewal) or with new PR card(If she can apply now). In this case if she travel with expired card, then she will be coming back in 2-3 months after getting new PR card.
Please help on this. we have some family concern due to which we might need to travel back by the end of this year. Please suggest.
I have below queries related to my wife's PR.
1. Her PR was issued in Mar 2018(Card valid till June 2023) but she landed and went back after spending 4 months in canada in 2018. Then she landed in Sep 2021, so my question is can we apply her PR card now or should we wait till her 730 days to get completed? Also she spent 55 days last year outside of Canada(due to her mother illness) so she will e completing the 730 days by oct 2023(end). Please suggest on this.
2. If she is planning to visit back home(due to mother health issue) in Nov 2023, will she able to go without any concern? PS: Either she will be travelling on expired PR card(but after applying for the renewal) or with new PR card(If she can apply now). In this case if she travel with expired card, then she will be coming back in 2-3 months after getting new PR card.
Please help on this. we have some family concern due to which we might need to travel back by the end of this year. Please suggest.
She cannot travel without concern in these circumstances - that is, out of compliance and without a valid card. As noted, she should not renew until back in compliance, and it sounds like she won't be. Check arithmetic carefully - 730 days in five years since [looking back from] date of applying for new PR card.
If outside Canada without a PR card, she would have to apply for prtd and that could take some time - months - and be refused.
If she has a us visa, she would have more options (entering at land border).
She cannot travel without concern in these circumstances - that is, out of compliance and without a valid card. As noted, she should not renew until back in compliance, and it sounds like she won't be. Check arithmetic carefully - 730 days in five years since [looking back from] date of applying for new PR card.
If outside Canada without a PR card, she would have to apply for prtd and that could take some time - months - and be refused.
If she has a us visa, she would have more options (entering at land border).
She will want to make sure she meets the residency obligation when she applies to renew her PR card (make sure she has extra days and not just the basic 730) and that she also continues to meet the residency obligation while outside of Canada. Sometimes IRCC will require the applicant to pick up the card in person instead of mailing it. If that happens to her and she is outside of Canada, she will need to apply for a PRTD to be able to come back to Canada and will then need to appear at IRCC's offices in person to get the renewed PR card.
Hi @scylla@YVR123 - Thanks for your response. I have following query in response to the above.
1: Can we enter US with expired PR and enter back Canada via land borders(with expired card)? We don't need a valid PR card right? Also the RO will account from the date of entering the Canada with respect to the 5 years time. For instance, Firstly landed in Feb 2018 and spent 4 months and then landed back in Aug 2021 after not meeting the 730 days but then need to meet the 730 days starting Aug 2021 right? So in this case starting Aug 2021 will be the RO beings till Aug 2026 right? So even my PR card is expred I can still enter the country as I am meeting the RO. Pls let me know
Hi @scylla@YVR123 - Thanks for your response. I have following query in response to the above.
1: Can we enter US with expired PR and enter back Canada via land borders(with expired card)? We don't need a valid PR card right? Also the RO will account from the date of entering the Canada with respect to the 5 years time. For instance, Firstly landed in Feb 2018 and spent 4 months and then landed back in Aug 2021 after not meeting the 730 days but then need to meet the 730 days starting Aug 2021 right? So in this case starting Aug 2021 will be the RO beings till Aug 2026 right? So even my PR card is expred I can still enter the country as I am meeting the RO. Pls let me know
- Yes, you can enter Canada through a US/Canada land border using a private vehicle without a valid PR card.
- RO is counted from the date of landing but is a rolling obligation. That means at any given time you must be able to look at the previous five years and have spent 2 of those 5 years in Canada. You have to continue to meet it at all times, looking back at the previous five years. If you spent 730 days in Canada continuously between August 2021 to August 2023, then you can technically leave Canada for up to 3 years while still meeting the residency obligation. But the big danger in doing that is that once you return to Canada in August 2026, you have to remain in Canada without leaving for 730 days straight to once again meet the residency obligation.
- Yes, you can enter Canada through a US/Canada land border using a private vehicle without a valid PR card.
- RO is counted from the date of landing but is a rolling obligation. That means at any given time you must be able to look at the previous five years and have spent 2 of those 5 years in Canada. You have to continue to meet it at all times, looking back at the previous five years. If you spent 730 days in Canada continuously between August 2021 to August 2023, then you can technically leave Canada for up to 3 years while still meeting the residency obligation. But the big danger in doing that is that once you return to Canada in August 2026, you have to remain in Canada without leaving for 730 days straight to once again meet the residency obligation.
Thanks.. so in this case let’s say if we travel to US next month, there will be no any obligations? Since new arrival date was Aug 2021 so will there be any RO concerns at the border?
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Thanks.. so in this case let’s say if we travel to US next month, there will be no any obligations? Since new arrival date was Aug 2021 so will there be any RO concerns at the border?
Residency obligation is still a basic requirement when renewing a PR card. No PR card needed to exit Canada. Valid PR card or PRTD is required when returning to Canada.
Thanks.. so in this case let’s say if we travel to US next month, there will be no any obligations? Since new arrival date was Aug 2021 so will there be any RO concerns at the border?
As replied, there is no new arrival or reset. When you cross the border or have any interaction with IRCC, you look back 5 years from that day and you need to have lived in Canada for 2 years or more in that past 5 years.
Only exception is if you have landed as a PR less than 5 years ago, then you can claim that you could still meet RO if your out of country days is less than 3 years out of the first 5 years period. (Which doesn't apply to OP's wife since landing date is Mar 2018)
Hi @scylla@YVR123 - Thanks for your response. I have following query in response to the above.
1: Can we enter US with expired PR and enter back Canada via land borders(with expired card)? We don't need a valid PR card right? Also the RO will account from the date of entering the Canada with respect to the 5 years time. For instance, Firstly landed in Feb 2018 and spent 4 months and then landed back in Aug 2021 after not meeting the 730 days but then need to meet the 730 days starting Aug 2021 right? So in this case starting Aug 2021 will be the RO beings till Aug 2026 right? So even my PR card is expred I can still enter the country as I am meeting the RO. Pls let me know
Thanks everyone... I got it. Last question from here. If my wife travel outside Canada after renewing the PR Card and then she'll come after 2-3 months(lets say). Is it fine if someone courier/ deliver the the PR card backhome and then she travel with that card. will that be ok? she needs the card to re-enter canada right.. please suggest.
Secondly, I heard one can enter Canada through US land border with expired PR card. how that situation exactly works and what needed? just for knowledge purpose I am asking.
