Permanent Resident Card Renewal

In order to renew your Permanent Resident Card, you must meet the residency requirement of two years out of five (730 days) of “residence” in Canada. There are four ways to meet the residency requirement:

  1. Be physically present in Canada
  2. Be accompanying a citizen who is a spouse, common law partner or parent
  3. Be employed full-time by a “Canadian business” or public service, and required by it to travel
  4. Be accompanying a permanent resident who is employed by a “Canadian business” or public service, and required to travel

If you do not meet the residency requirement, you may still submit your renewal application with a request for humanitarian and compassionate considerations. You will need to provide a detailed explanation as to why you were forced to remain outside of Canada. It is up to the discretion of Citizenship and Immigration Canada to determine whether the Permanent Resident Card will be renewed.

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Travel Document

If you are a Permanent Resident of Canada and you are outside of Canada and have either lost your Permanent Resident Card or your Permanent Resident Card has expired, you will likely need to apply for a Travel Document in order to be able to enter Canada as a Permanent Resident of Canada. You will need to demonstrate that you meet the residency requirement.

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Pre-Removal Risk Assessment

If you are under a removal order, you might be served with a Pre-Removal Risk Assessment which is an application you may chose to complete should you have a fear of returning to your home country. You will need to demonstrate that you have a risk to your life and that your country of citizenship will not be able to protect you upon your return.

If your Pre-Removal Risk Assessment has been denied, Canada Border Services Agency will ask you to leave Canada within a few weeks. You will have 15 days from the date of the refusal to submit a judicial review at the Federal Court of Canada.

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Hearing

Refugee Claim or Claim for Protection

If you are in Canada and have a well-founded fear of persecution or you are at risk of torture or cruel and unusual punishment or treatment in your country of citizenship or nationality, you can submit a refugee claim or claim for protection at the Refugee Protection Division.

Spousal Sponsorship Appeal

If your application to sponsor your spouse has been refused, you can file an appeal at the Immigration Appeal Division within 30 days of receiving the refusal letter. The Immigration Appeal Division may schedule an Alternative Dispute Resolution Conference in order to settle the case before a hearing. If not, the case will be scheduled for a full hearing. You will need to testify at this hearing and will need to submit strong documentation to demonstrate the genuineness of your relationship.

Family Sponsorship Appeal

If your application to sponsor a family member has been refused, you may file an appeal at the Immigration Appeal Division. You will need to provide evidence that the refusal is not valid in law, or provide humanitarian and compassionate reasons as to why your family member should be allowed to enter Canada.

Residency Obligation Appeal

If the renewal of your Permanent Resident Card has been refused or if the issuance of your Travel Document has been denied due to a finding that you have lost your permanent residence status, you may file an appeal at the Immigration Appeal Division. You will need to demonstrate at the hearing that you either met the residence requirement, or to explain why you did not meet your residency requirement and provide humanitarian reasons to allow you to maintain your status.

Admissibility Hearing

If you are a foreign national or a Permanent Resident of Canada and have breached immigration rules and regulations, you may be required to appear for an admissibility hearing at the Immigration Division to determine whether the allegations against you are correct. If so, the Board Member will issue a removal order against you, which you can appeal at the Immigration Appeal Division.

Removal Order Appeal

If you are a Permanent Resident of Canada and you have been ordered remove due to criminality, security, misrepresentation or other reasons, you will likely have the right of appeal of this decision to the Immigration Appeal Division. These cases can involve complex legal issues as well as humanitarian grounds.

Detention Review

If you are a foreign national or a Permanent Resident of Canada and you have breached immigration rules and regulations, you may be detained in an immigration holding centre. After your detention, you will be entitled to a detention review within 48 hours at the detention centre. If you are not released, you will be entitled to a seven day detention review and once a month going forward if you are not released.

At a detention review, you will need to demonstrate that you are not a flight risk in order to be released. The Board Member and Canada Border Services Agency might also require that you have bondsperson in order to release you.

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Citizenship

In order to apply for Citizenship, you must have been physically present in Canada as a permanent resident for at least 1,460 days during the six years immediately before the date of your application. You must also be physically present for at least 183 days during each of four calendar years that are fully or partially within the six years immediately before the date of application. These requirements do not apply to children under 18.

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