Permanent Resident Abroad With Expired PR Card Since 3 Years

[Gurpinder]

I am a Canadian citizen and I have two Canadian born children. I also have a full-time job and I own a house in Canada. My husband went to India in the beginning of 2012 immediately after renewing his PR card and has been living there with my younger son who was born in 2016. My husband never returned to Canada because his father and mother were not well and he has to take care of them. Moreover, we could invite his parents on a super visa but my husband’s grandparents health was really bad. The grandparents expired this past March & May. I have been visiting back and forth to India but my trips are not more than 3-4 weeks long per year. My husband’s PR card has been expired since 2017. How can he come back to Canada?

[Rajpal (Admin)]

The Immigration & Refugee Protection Act has a provision as per section 28 that if a permanent resident is residing outside of Canada while accompanying a Canadian citizen spouse, common-law partner or parent, then their time will be counted towards living inside Canada. Although your husband is residing in India with your Canadian born son, your husband will still not be exempted from the PR card residency obligations. Your husband has to apply for a PR card or a visitor visa and he will have to explain that he has lived outside of Canada for a long time and that his PR card is already expired. The immigration officer will make a determination upon receiving the required documents and proofs. He could be granted a visitors visa to come to Canada. You spending a few weeks with him in India will not qualify your husband but you can try renewing his PR card and explain the humanitarian and compassionate circumstances with respect to the illness of his parents & grandparents. An examining officer may issue him a travel document to come to Canada.

[Gurpinder]

Thank you. My husband, me and both of my children have a visitors visa for the USA. Can he come to the USA and enter Canada?

[Rajpal (Admin)]

Yes he can fly to the USA once the flights resume because as you might know that domestic & international flights were cancelled by almost every country back in March but they are not slowly resuming. The important thing you would need to remember is that your husband can enter Canada if a CBSA officer allows him at the port of entry. But your husband will not be allowed to board a commercial vehicle (plane, train, boat, ferry, etc.).

[Gurpinder]

Thank you this sounds like a good solution for us to try. If he is sent back from the border, then we can try for a TRP depending on his situation.

[Rajpal (Admin)]

You’re welcome !