A Permanent Resident (PR) card serves as official proof of your permanent resident status in Canada. While an expired PR card does not mean the loss of permanent resident status, it can significantly impact international travel and re-entry into Canada. At Kahlon Law Office, we provide comprehensive assistance in renewing PR cards to ensure uninterrupted residency status for our clients.
You should consider renewing your PR card if:
To renew your PR card, you must:
If you have not met the 730-day physical presence rule, you may still qualify for renewal if:
Recent case law, including Zhang v. Canada (2023 FC 1498), has highlighted that IRCC assesses residency obligations on a case-by-case basis, allowing for exceptions where applicants can demonstrate compelling reasons for time spent outside Canada.
If applying under urgent processing, additional documents proving the urgency (e.g., medical emergency, work obligations, or travel needs) must be provided.
If your PR card expires while you are outside Canada, you cannot re-enter using commercial transport without a valid PR card. Instead, you must apply for a Permanent Resident Travel Document (PRTD) at the nearest Canadian visa office.
In Tung v. Canada (2022 FC 1984), the Federal Court ruled that an expired PR card does not automatically lead to loss of permanent resident status, but failure to meet residency obligations can result in removal proceedings.
Under section 28(2) of the Immigration and Refugee Protection Act (IRPA), a permanent resident must meet the 730-day residency obligation within the last five years to maintain their status. However, where an individual is unable to meet this requirement due to compelling circumstances, they may seek an exemption under Humanitarian and Compassionate (H&C) considerations, pursuant to section 25(1) of IRPA.
When assessing an H&C request in a PR card renewal application, Immigration, Refugees, and Citizenship Canada (IRCC) considers whether there are sufficiently compelling reasons that justify non-compliance with the residency obligation. Factors that may be taken into account include, but are not limited to:
The Federal Court in Ren v. Canada (Citizenship and Immigration), 2023 FC 987, reaffirmed that H&C relief is an exceptional remedy and that applicants bear the burden of proving that humanitarian factors outweigh the default residency obligation.
If you have been outside Canada for extended periods and fear non-compliance with the residency requirement, we can help present a compelling case under H&C grounds to maintain your permanent resident status.
At Kahlon Law Office, we understand the complexities of PR card renewal applications and the importance of maintaining permanent resident status. Our experienced immigration lawyers provide:
If you need assistance renewing your PR card, we are here to help. Contact Kahlon Law Office to schedule a consultation and ensure a smooth renewal process.
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