Can I Travel While Waiting for PR Card? Your Guide to Entering Canada on a Pending Application

If you are a permanent resident of Canada, you might wonder about your ability to travel while waiting for your Permanent Resident (PR) card. This comprehensive guide addresses the key aspects of travelling during this period, helping you navigate the complexities involved.

Understanding Permanent Resident Travel Requirements

What Is a Permanent Resident Card (PR Card)?

A valid permanent resident card is the official proof of your status as a permanent resident of Canada. It’s essential for re-entering Canada if you travel abroad. Without a valid PR card or a valid Permanent Resident Travel Document (PRTD), you may face challenges returning to Canada.

The Importance of a Valid PR Card

When you travel, your PR card serves as a critical document. It must be valid to ensure seamless re-entry into Canada. If your PR card will expire while you’re travelling outside Canada, it’s crucial to apply for a new one before you leave. Remember, a third party cannot mail your PR card to you while you’re outside Canada, and PR cards are not sent to non-Canadian addresses.

Travelling While Waiting for PR Card

Can You Travel Without a PR Card?

Yes, you can still travel back to Canada without a PR card, but there are additional steps you must follow to re-enter Canada. If your new PR card isn’t ready before you leave, you need a PRTD to return to Canada by commercial vehicle. A PRTD is a temporary official document proving your status as a permanent resident in Canada.

Applying for a Permanent Resident Travel Document (PRTD)

To apply for a PRTD, you must be outside Canada. Here’s a step-by-step guide:

1. Gather Documents: Collect all necessary documents, including proof of identity and permanent resident status.

2. Fill out the Application: Complete the application form for a PRTD.

3. Pay the Fees: Ensure you pay the required fees.

4. Submit the Application: Send your application along with the necessary documents.

Permanent residents of Canada must carry and show their valid permanent resident card or PRTD when boarding a flight to Canada or travelling to Canada on any other commercial carrier. Without these documents, you may not be able to board your flight, train, bus, or boat to Canada.

Residency Obligation for a PRTD

Applying for a Permanent Resident Travel Document requires meeting specific residency obligations which is based on the number of days you have been physically present in Canada.

If you have been a permanent resident for five years or more, you must have been physically present in Canada for at least 730 days within the five years immediately before you apply for a permanent resident card or PRTD. This ensures that you have maintained strong ties to Canada and fulfilled the requirements set by the immigration authorities.

On the other hand, if you have been a permanent resident for less than five years, you must demonstrate that you will be able to meet the minimum of 730 days of physical presence in Canada within five years of the date you became a permanent resident. This means you need to plan and show that your future permanent residency in Canada will meet the required criteria.

Supporting Documents to Prove Residency Obligation

When applying for a PRTD, you need to provide copies of all the documents that can prove your residency in Canada. These documents should cover the five years immediately before your application.

Employment records or pay stubs are essential as they show your active employment status in Canada. These documents indicate that you have been working and residing in Canada, contributing to the economy. If you are providing documents to show your are resident in Canada and you were on a valid work permit during the timeframe of obligations, you may use that information, if required.

Bank statements provide evidence of financial activity and transactions within Canada. Regular transactions and account activities demonstrate your ongoing presence and financial engagements in Canada.

The Canada Revenue Agency (CRA) Notice of Assessment is another critical document. Your tax assessments for the past five years serve as proof of your financial contributions and compliance with Canadian tax regulations.

Evidence that you received benefits from Canadian government programs also supports your residency claims. Benefits like social assistance, healthcare, or other government-provided services indicate your active participation in the Canadian social system as a Canadian pr.

Rental agreements are vital in proving your physical presence in Canada. They show that you have a fixed address and have been residing in a specific location within the country.

Club memberships and other documents can also be used to prove your residency. Memberships in local clubs or organizations indicate your involvement in the community and further establish your presence in Canada.

Maintaining a travel journal is beneficial. Record all your trips outside Canada, including dates and purposes of travel. This will help you accurately fill out your application and ensure you meet the residency requirements. Keeping a detailed record can also assist in case of any discrepancies or questions about your travel history.

Counting Time Spent Outside Canada

If you have spent significant time outside Canada, there are specific situations where these days can still count towards your residency obligation.

Employment Outside Canada

You may count each day you worked outside Canada if your employment meets the following criteria: You are an employee of, or under contract to, a Canadian business. This includes companies incorporated under Canadian or provincial laws with ongoing operations in Canada. You work for the public service of Canada, a province, or a territory. Employment in these sectors indicates your strong ties to Canada, even if the work is performed abroad. Your employment or contract requires full-time work outside Canada. This must be a term of your employment or contract, ensuring that your work abroad is recognized as part of your Canadian employment.

A Canadian business is defined as a corporation incorporated under the laws of Canada or of a province with ongoing operations in Canada. This includes enterprises that have a consistent presence in Canada, generate revenue, and anticipate profit. Additionally, organizations or enterprises created under Canadian or provincial laws also qualify.

To support your claim of employment outside Canada, you must provide a letter from an official of the business confirming several details. This includes the position and title of the signing official, the nature of the business, and how it fits the description of a Canadian business. The letter should also detail your assignment or contract outside Canada, confirming full-time employment or contract terms. It should state that you will continue working for the employer in Canada after the assignment ends and that the business was not created mainly for the purpose of meeting your residency obligation.

Additional documents that may be required include articles of incorporation, business licenses, partnership agreements, corporate annual reports, and corporate Canadian Income Tax Notices of Assessment. Copies of the Employee Assignment Agreement or Contract and any agreements between the Canadian business and the client outside Canada should also be included. Pay statements, Canadian Income Tax Notice of Assessment for the past five years, and T4 slips are also essential to demonstrate your employment status.

Accompanying a Canadian Citizen Outside Canada

You may count each day you accompanied a Canadian citizen outside Canada if the person is your spouse, common-law partner, or parent (if you were a child under 19 years before October 24, 2017, or under 22 years after this date).

To prove this, you must provide documents showing the person's Canadian citizenship and your relationship (spouse, common-law partner, or child). This includes all passports or other travel documents used by the person you accompanied in the past five years, documents showing the citizenship of the person you accompanied, and proof of their residential addresses for the five years before the application. Additional documents like a marriage license or proof of common-law partnership and the child’s birth certificate, baptismal document, or adoption/legal guardianship document should also be included.

You may count each day you accompanied a permanent resident outside Canada if the person is your spouse, common-law partner, or parent (if you were a child under 19 years before October 24, 2017, or under 22 years after this date) and the person was employed full-time by a Canadian business or in public service during the time you accompanied them.

To prove this, you need to provide documents showing the person’s permanent resident status, your relationship (spouse, common-law partner, or child), and proof that the permanent resident meets the residency obligation. This includes all passports or other travel documents used by the person you accompanied in the past five years, marriage license or proof of common-law partnership, and the child’s birth certificate, baptismal document, or adoption/legal guardianship document. Additional supporting documents like school or employment records, Canadian Income Tax Notice of Assessment, and association or club memberships may also be included.

Humanitarian and Compassionate Grounds

If you cannot meet the residency obligation, it might still be possible to retain your status as a permanent resident of Canada on humanitarian and compassionate grounds. To qualify, you must show exceptional circumstances beyond your control.

Factors that might be acceptable include unusual and undeserved hardships or disproportionate hardships you would face if you lost your permanent resident status. These factors must be compelling and justify the retention of your status despite not meeting the residency obligation.

Leaving and Returning to Canada

As a permanent resident, it is your responsibility to ensure your PR card is valid when you return from travel outside Canada. Apply for a new PR card before your current one expires to avoid complications.

Timeline for PRTD Processing

The processing time for a PRTD varies, but it generally takes a few weeks. It’s advisable to apply well in advance of your travel dates to ensure you have the necessary documents in time.

Travel Considerations Based on Mode of Transportation

Returning by Private Vehicle

If you are travelling by a private vehicle, such as a car, truck, motorcycle, or recreational vehicle that you own, borrow, or rent, you have some flexibility. While it’s still crucial to have a valid PR card or a PRTD, there are other documents you can use to enter the country. However, these alternatives are only applicable to private vehicles and not commercial transportation.

Returning by Commercial Vehicle

If you are returning to Canada by airplane, bus, train, or boat, you must apply for a PRTD if you don’t have a valid PR card. Without this document, you may not be able to travel to Canada. It’s essential to plan accordingly to ensure that your travel plans are not disrupted.

Urgent Processing for PRTD

Urgent processing of your PRTD application can be requested under specific circumstances. These situations usually involve emergencies or urgent needs that justify expedited handling of your application. The following scenarios are generally considered valid for urgent processing:

Serious Illness

If you or a close family member is experiencing a serious illness, you may qualify for urgent processing. This includes situations where immediate medical attention or support is required.

Death of a Family Member

In the unfortunate event of a family member’s death, you may need to return to Canada urgently to attend funeral services or support your other family members. This situation qualifies for expedited processing.

Lost or Stolen PR Card

If your PR card was lost or stolen while you were temporarily travelling outside of Canada, you might need urgent processing of your PRTD to return to Canada without significant delays.

Crisis, Emergency, or Vulnerable Situation

Various crises or emergencies, such as natural disasters, political unrest, or personal safety concerns, can necessitate urgent travel. Additionally, vulnerable situations requiring immediate attention may also qualify for expedited processing.

Other Compelling Reasons

There might be other compelling reasons not listed above that justify the need for urgent processing. In such cases, providing detailed explanations and supporting documentation is crucial.

The Role of CBSA When Not Travelling with a Valid PR Card

The Canada Border Services Agency (CBSA) is a federal agency responsible for managing Canada’s borders. Its primary functions include facilitating the flow of legitimate travel and trade while ensuring the security and safety of Canadians. The CBSA enforces over 90 acts and regulations that govern the movement of goods and people into and out of Canada. The agency’s responsibilities range from border security to immigration enforcement and customs control. CBSA officers are tasked with protecting Canada’s borders from illegal activities, including smuggling and unauthorized entry. They also ensure that immigration laws are upheld, verifying the status of individuals entering Canada and enforcing deportation orders when necessary. In addition, the CBSA manages the import and export of goods, ensuring compliance with Canadian regulations, while also working to facilitate legitimate travel and trade, minimizing delays and disruptions.

Entering Canada by Land Without a Valid PR Card

When you arrive at a Canadian land border without a valid PR card, CBSA officers will assess your situation. Upon arrival, a CBSA officer will ask for your identification and documents to verify your status. If you do not have a valid PR card, you will need to present alternative proof of your permanent resident status. If the officer requires further verification of your status, you may be referred to secondary inspection. During this process, CBSA officers will conduct a more thorough investigation to confirm your identity and status as a permanent resident. In the absence of a valid PR card, you can present other documents to prove your status, such as the Confirmation of Permanent Residence (COPR), which is issued when you first become a permanent resident, or the Record of Landing (IMM 1000), issued to individuals who became permanent residents before June 28, 2002. Other government-issued IDs, such as a valid passport, may also help establish your identity. The CBSA officer may use the information from these documents to access the Immigration, Refugees, and Citizenship Canada database to confirm your permanent resident status.

If the CBSA officer is satisfied with the verification process and confirms your status, you will be allowed to enter Canada. However, you will be advised to apply for a new PR card as soon as possible. In some cases, if there are issues with confirming your status, or the officer decides to conduct an assessment at the same time of your entry into Canada, the officer may evaluate your residency obligations, and if you do not meet them or there are issues in confirming your dates, they have the ability render a Section 44(1) report for being inadmissible under s.41(b), based on failing to comply with conditions outlined in subsection s.27(2). While these decisions are generally not common, it is important to consider the possible outcomes when you enter Canada and the ability of the Canada border services agency.

Steps to Take if You Are Without a PR Card

If you find yourself without a valid PR card while entering Canada by land, there are steps you can take to facilitate the process. Carry your Confirmation of Permanent Residence (COPR), Record of Landing (IMM 1000), or other government-issued IDs. Clearly explain to the CBSA officer why you do not have a valid PR card. Whether it’s lost, stolen, or in the process of being renewed, providing context can help the officer understand your situation. Once admitted into Canada, immediately apply for a new PR card. Ensure all required documents and fees are submitted to avoid future complications. Familiarize yourself with the current regulations and requirements for re-entering Canada as a permanent resident. This includes keeping up to date with any changes in policies by the IRCC and CBSA.

To avoid complications at the border, it’s essential to plan your travels meticulously. Always check the expiration date of your PR card well in advance of your travel dates. If your card is nearing expiration, apply for a renewal before leaving Canada. Maintain copies of essential documents like your COPR and Record of Landing. These can serve as backup proof of your status if your PR card is unavailable. Keep a record of your travels, including dates and destinations. This can be useful if CBSA officers need to verify your residency obligations. Regularly check the IRCC website for updates on policies and procedures related to PR cards and travel.

Hire AKM Law as your Immigration Lawyers

Travelling while waiting for your PR card is possible, but it requires careful planning and understanding of the necessary steps to ensure you can re-enter Canada without issues. Always ensure your documents are in order before you travel and consider applying for a PRTD if your PR card will not be ready in time. For personalized assistance and to learn more about the requirements of applying for permanent residence, contact our immigration lawyers today.

FAQs

What Happens If My PR Card Expires While I Am Abroad?

If your PR card expires while you are abroad, you must apply for a PRTD to return to Canada by commercial vehicle, such as an airplane, bus, train, or boat,.

Can I Have My PR Card Mailed to Me Outside Canada?

No, PR cards are not mailed to non-Canadian addresses. Ensure you apply for a new PR card before you travel if it is close to expiring.

How Do I Apply for a PRTD?

You can apply for a PRTD online through the permanent residence portal or by submitting a paper application from mailing address outside Canada.

What Documents Do I Need for a PRTD?

You will need a valid passport, proof of your permanent resident status, and documents that show you meet the residency obligation.

What if I Am Refused My PRTD from Outside of Canada?

If you are refused your PRTD, you will have a right to appeal the decision to the Immigration refugees and citizenship Canada, Immigration Appeal Division. It may not be advisable to apply for a visitor visa/tourist visa as this will not benefit the applicant to maintain their pr status. It is critical to seek legal advise when leaving Canada after your PR approval of your PR application to ensure that your initial pr card is processed correctly.

Legal Disclaimer: This article provides general information only and does not constitute legal advice. For legal advice, consult the relevant legislation or regulations, or contact our immigration lawyers directly.