Permanent Resident status

Understanding Canadian Permanent Resident Status (PR)

Canadian permanent resident status (PR) is granted to individuals who immigrate to Canada under one of the federal or provincial immigration programs. A permanent resident of Canada is entitled to social benefits and has the right to live, work, or study in Canada without restrictions. They are also eligible to apply for Canadian citizenship once they meet the necessary requirements.

However, a permanent resident also has obligations, such as abiding by Canadian laws and regulations and paying taxes. To retain PR status, a permanent resident must reside in Canada for at least 730 days (approximately 2 years) within a 5-year period. Failure to meet this requirement may result in the loss of PR status. Additionally, a permanent resident can voluntarily relinquish their status.

Permanent residents are not allowed to run for or vote in political elections and may be restricted from working in certain jobs that require high-level security clearance.

Residency Obligation

To maintain their status, a permanent resident of Canada must have spent at least 730 days in Canada (which do not need to be continuous) over the last 5 years, assessed on a sliding scale basis. Should a permanent resident live abroad for an extended period and fail to meet this residency obligation, they risk losing their PR status.

Permanent Resident Status Loss

The expiration of a PR card or failure to meet residency obligations does not automatically result in the loss of permanent resident status. A Canadian permanent resident can only lose their status through an official process if:

• A judge determines that the individual is no longer a permanent resident.
• The permanent resident voluntarily relinquishes their status.
• The permanent resident is issued a removal order that comes into force.
• The permanent resident becomes a Canadian citizen.

Permanent Resident Card

The PR card serves as proof of a holder's Canadian permanent resident status. It is issued for a period of 5 years and is necessary for re-entering Canada via plane, bus, boat, or train.

A permanent resident card is automatically issued to new immigrants, eliminating the need for an application. However, it can only be sent to a Canadian mailing address. Therefore, new immigrants must inform Immigration, Refugees, and Citizenship Canada (IRCC) of their new address in Canada within 180 days of arrival.

Permanent residents are required to possess a valid PR card or a permanent resident travel document to return to Canada. If a Canadian permanent resident travels outside Canada, both a passport and a PR card are needed to re-enter the country. Absence of either may result in being unable to board. If a permanent resident finds themselves outside Canada with an expired PR card, they must apply for a permanent resident travel document to return to Canada.

Renew Permanent Resident Card

To renew a PR card, a permanent resident must:

• Be a permanent resident of Canada.
• Meet the residency obligation (730 days living in Canada in the last 5 years).
• Submit the application in Canada (PR cards are only mailed to Canadian addresses).
• Have a current PR card that will expire in less than 9 months or is already expired.
• Have a legal name change that needs to be updated on the PR card.
• Need a replacement for a PR card that has been stolen, destroyed, lost.
• Be a new immigrant who did not receive a PR card within 180 days after immigrating to Canada.

In most cases, the application for a new PR card must be accompanied by the following documents:

• Your PR card, if applying to replace a card due to damage or incorrect information, send the card with your application. If renewing your card, keep your current card and include a photocopy of it with your application.
• A photocopy of a valid passport or travel document, or the passport or travel document held at the time of becoming a permanent resident.
• Any other identity document.
• 2 photos.
• A solemn statement if the PR card was stolen, lost, destroyed, or was not received within 180 days after immigrating to Canada.
• A copy of the receipt for the processing fee.

The new PR card will be sent by mail to a Canadian address. In some cases, it may be collected at one of the IRCC offices upon presentation of a passport or another travel document and the original documents submitted with the application. If a PR card is not collected within 180 days, it will be destroyed, and a new application will be necessary.

Help With Canadian Immigration

Call us at +1-416-915-0808 or email us at info@leromlaw.com for additional information you need to begin the process.