I received a call from a client who is a Permanent Resident whose permanent resident card is expired and left Canada due to a sudden death in the family. I told her to submit an application for a permanent resident travel document. She never heard of a permanent resident travel document or PRTD. She then asked me if she is qualified to apply for PRTD.
Let us examine the Basic Eligibility Criteria for PRTD under Subsection 31 (3) of the Immigration, Refugees and Protection Act . IRPA outlines three (3) situations to be eligible for the PRTD:
-The PR complies with the residency obligation in section28;
-The officer has made a determination under paragraph 28 (2) (c) that there are sufficient humanitarian and compassionate (H&C) considerations to justify allowing the PR to retain their status; or
– The PR was physically present in Canada at least once within the last 365 days before the examination and the person (a) has filed an appeal to the Immigration Appeal Division under section 63 (4) of the IRPA or (b) the time to file said appeal has not expired.
Immigration, Refugees and Citizenship Canada (IRCC) made changes to the entry requirement for permanent residents. Permanent residents need a valid permanent resident card to return to Canada.
Please don’t confuse PRTD with “travel document” which is your passport or other international document required for commercial traveler. We are talking about a permanent resident travel document that allows a PR to enter Canada as a returning PR.
Some kababayans get confused with the permanent resident card and its validity with the validity of permanent resident status itself. Permanent resident card is a document that proves someone is a permanent resident and allows them entry to Canada. The PRC is usually issued for a period of 5 years, after which it must be renewed.
If you have questions regarding the above article you may contact Marjorie at [email protected]
Source: Immigration and Refugee Protection Regulation (IRPR)
A word of caution: You should not act or rely on the information provided in this column. It is not a legal advice. To ensure your interests are protected, retain or formally seek advice from a Regulated Canadian Immigration Consultant (RCIC) in good standing of ICCRC. The views expressed in this article do not necessarily reflect those of RCIC’s.
