Requirements to Maintain Canadian Permanent Resident Status

The new Immigration Act (IRPA) changed the rules defining how a Permanent Resident can lose his status.

The new rule states that any immigrant who spends more than three years in any five-year period outside of Canada can lose his status. That person is considered to be 'in breach' of their residency requirement.

There are four cases in which days spent outside of Canada count as if the person were inside Canada.

• Days spent on a Returning Resident Permit.
• Days spent with a spouse who is a Canadian citizen.
• Days spent working for a Canadian Company.
• Days spent with a spouse working for a Canadian company.

If a person in 'breach' applies for a Permanent Resident Identification Card, the Card Processing Center in Nova Scotia that process the PR Cards will send the application to the local Canadian Immigration Center who will then make a decision (positive or negative) to take away the person's status. If positive, they will authorize the Card to be issued. If negative, they will take away the status and give the PR their right to Appeal.

Permanent Resident Identification Card ("Maple Leaf Card")

The new Immigration Act of 2002 (IPRA) created provisions for a Permanent Resident Card. These cards are now available and are referred to as Maple Leaf Cards or " PR Cards”.

The first P.R. Card is issued automatically to every immigrant within 2 to 3 weeks of their arrival in Canada.

An application to extend for a PR card can only be made through the card-processing center in Sydney, Nova Scotia. A PR does have to be inside Canada to make an application, and when the card is ready for pick up, it must be picked up in Canada. It must be picked up in person by the applicant and each applicant, even an infant, must pick up his or her own card.

A PR card expires five years after it is issued. A person, who wants another PR card, must apply to Sydney for a new one.

An immigrant does not need a PR card, unless he wants to leave Canada and come back in.

A PR Card is required as a travel document for people who travel on passports issued by countries whose citizens cannot travel to Canada without Visitor Visas (i.e. China Taiwan, India, etc).

People who want to come to Canada from overseas have to deal with two entities before they can get in: the carrier (usually an airline company) they intend to travel on and the Immigration Officers at the Port of Entry. Someone coming to Canada by car only deals with the latter.

Carriers break travelers into two groups: those who can travel to Canada without a Visitor visa (i.e. USA, UK, Germany, Korea, Hong Kong, Japan, etc.) and those who cannot (China, India, Taiwan, etc). Those in the first group need only a passport. Those in the second group need either a visitor visa or a PR card or a Travel Document (issued by a Visa Office to a Permanent Resident of Canada who does not yet have a PR card.)