Each year, thousands of permanent residents discover they cannot return to Canada after substantial time away and face losing their permanent status because of an invalid "Maple Leaf Card," the Ottawa-issued Canadian Permanent Residence card.
According to government figures, in 2013 alone, 19,503 permanent residents had to apply for a one-time travel document to return to Canada after being away. But only 13,211, or 70 per cent (down from 76 per cent in 2012) were approved. Some 5,550 were refused and the rest were withdrawn.
The federal government introduced the Maple Leaf Card in 2002 to replace the old landing document as a means of enforcing residency requirements for immigrants. Permanent residents must carry the ID when they travel if they want to be readmitted to Canada. A PR card does not create or maintain one's status as a permanent resident per say. It merely serves as proof of that status.
The wallet-sized plastic card expires every five years, and cardholders must apply for new cards until they become Canadian Citizens. But to maintain permanent residence one must live in Canada for at least two years within a five-year period to qualify for renewal. Canadian permanent residents travelling abroad without first renewing their card can end up in trouble.
Section 28(2)(a) of Immigration and Refugee Protection Act (IRPA) requires a permanent resident to be physically present in Canada for a total of at least 730 days in every five-year period. This is a moving time frame which Canadian permanent residents must respect on an ongoing basis.
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The content of this article reflects the personal insight of Attorney Colin Singer and needs no disclaimer.
