Returning to Canada as a Permanent Resident
Ideally, you may have a permanent resident card as a permanent resident of Canada. However, that is not the case for everyone. Some permanent residents do not have a permanent resident card. Some people may only have a Record of Landing; some may have lost their permanent resident card; some may have their card expired. If you are a Canadian Permanent Resident, but you do not have a Permanent Resident Card, you will need a permanent resident travel document to enter Canada. You, as a permanent resident, cannot enter Canada, without either a Permanent resident card or a permanent resident ravel document. In this blog, you will learn relevant information about permanent resident travel document, as well as the process of applying for one.
What is a Permanent Resident Travel Document
Permanent resident travel document allows permanent residents of Canada, who do not have a permanent resident card, to return to Canada. If you only have Record of Landing and/or confirmation of permanent residence, you still are not permitted to enter Canada. You will need to show your permanent resident travel document to your transportation companies to prove that you are allowed to travel to Canada as a permanent resident. That being said, a permanent resident of Canada must have either a permanent resident card or a permanent resident travel document to return to Canada by train, plane, boat or bus.
What are the Requirements
In order to apply for your permanent resident travel documents, you will need to confirm your permanent resident status and meet your residency obligation of a permanent resident. Now, meeting your residency obligation is the most complication part of this application, as you will need to remember the periods you have lived in and outside Canada.
Days Present in Canada
If you have been a permanent resident for five years or more, you must have lived in Canada for a minimum of 730 days within the five years before you apply for a permanent resident travel document.
If you have been a permanent resident for less than five years, you must show that you will be able to meet the minimum of 730 days of physical presence in Canada within five (5) years of the date you became a permanent resident.
Days spent outside Canada
You may still meet your residency obligation, even if you are outside of Canada. If you are accompanying your spouse, common-law partner, and/or parent who is a Canadian citizen outside Canada, you still can meet your obligation.
You may still meet your residency obligation, if you are employed by a Canadian business. A Canadian business refers to a corporation that is incorporated under the laws of Canada or of a province. You may prove your employment by proving T4 slips, Canadian Income Tax Notice of Assessment for the five years immediately before the application, pay statements, copies of the Employee Assignment Agreement or Contract, and so on.
You may still meet your residency obligation, if you are accompanying your spouse, common-law partner or parent who is a Canadian permanent resident and is a full-time employee of a Canadian business or in the public service of Canada or of a province or territory during the time you accompanied him or her.
What Happens if You Cannot Meet the Residency Obligation
Not everyone can successfully fulfill their residency obligation due to some exceptional circumstances. If you are unable to fulfill your residency obligation, you still have a way to maintain your permanent resident status with humanitarian and compassionate grounds. Humanitarian and compassionate grounds allow you to explain to the office that there were exceptional circumstances or factors beyond your control that have made you unable to meet the residency obligation.
In order to allow the officer to assess your application on humanitarian and compassionate grounds, you will need to describe why you were not able to meet the residency obligation. Next, you will need to describe the extent of any unusual and undeserved, or disproportionate hardship the loss of residency status would cause to yourself, your family members, and the best interests of any child (if applicable). Most importantly, you will need to provide proof that there are compelling humanitarian and compassionate factors in your personal circumstances that justify keeping your permanent resident status. Please note, the officer will make a decision based on the information and documents you provide with your application. As such, you need to make sure the information and documents are not misleading or false. Misrepresenting information and documents in your application may ultimately make you inadmissible to Canada.
Contact Akrami and Associates
In order to have a successful application, it is highly recommended that you seek professional guidance prior to attempting to start your own application. Filling out forms and gather necessary documents to apply for your permanent resident travel document may be confusing, or sometimes, overwhelming. If this sounds like a headache, don’t worry! Here at Akrami & Associates, we are experienced in providing legal aid for individuals who are applying for a permanent resident travel document and can be your legal assistance for anything required from these forms. If you have further questions or concerns, you can contact us at our office number: (416) 447-2545. We can provide legal assistance or consultation with immigration professionals in order to assist you to the best of our ability!
With Akrami & Associates, there is always a way!