Recently, many compatriots who are overseas have consulted about their Canadian identity certificates being invalid, so what measures should be taken to deal with it.

First of all, it must be made clear: even if your permanent residence card, which is often called the maple leaf card, has expired, this does not mean that your permanent residence status will be invalid. You still retain your permanent resident status until the process of canceling permanent residence is officially launched. There are many ways to deal with the specific situation of different people, and the choice of the best strategy needs to be determined based on the following key points.

Is your maple card expired?

Your current location: in or outside Canada

Have you lived in Canada for 730 days in the past five years

Many people feel confused when dealing with matters related to Maple Leaf Card and Permanent Residence Issue. I have classified the common questions I often consulted, and the classification method is as follows.

What are permanent residence cards and why do you need these documents when applying for permanent residence travel documents?

I heard that the permanent residence card is equivalent to a certificate of identity, which makes the government clear that you have valid permanent residence qualifications in Canada. It is mainly used to allow people who have obtained permanent status to return to Canada by plane. Since permanent residents do not meet the conditions for applying for a tourist visa, they must hold a maple leaf card to get a travel permit to enter Canada. Even if your maple leaf card has expired, this will not cause your permanent resident status to be invalid.

If you are outside Canada and lack a valid permanent residence card, you must apply for a permanent resident travel document to return to Canada. The reason why you have to apply for this kind of certificate is that you need to go to Canada in person to apply for a maple leaf card. Therefore, applying for PRTD is the only viable option.

What happens after my permanent resident card expires?

If your maple leaf card is invalid, you must apply for a new certificate. If you are outside Canada, you should apply for a permanent resident travel document. If you do not meet the residence conditions, don’t apply for a permanent residence card or travel document. If you insist on doing this, the Canadian Immigration Agency will initiate the process of revoking your permanent resident status and you will have to file a residence appeal. Many people have misunderstandings about this issue and eventually lose their permanent residence status in Canada.

To apply for a permanent residence card or permanent residence travel document, you must submit materials that meet the residence conditions: When evaluating the application, you must confirm to the government that you have lived in Canada for more than two years, that is, 730 days. These 730 days do not require continuous calculations, and can be accumulated. If you are a permanent resident and your spouse is a Canadian citizen, then the time you spend with your spouse abroad is also considered as a residence requirement and is deemed to be living in Canada.

If you have not lived in Canada for two years (730 days) within five years, do not apply for a new maple leaf card, otherwise the government will cancel (terminate) your permanent resident qualification.

What if I don’t meet the residence requirements?

If you are currently in Canada:

After living in Canada for five years, it will take a total of 730 days to submit a permanent residence application. After reaching the specified time, you can apply for permanent resident status. You cannot leave Canada before the specified number of days of residence is completed. If you leave without authorization, if you do not have a valid permanent residence card or travel document, the border department will refuse your entry. If you are outside Canada and have not been in the past 730 days, the Immigration Bureau will not issue permanent residence cards or travel documents, and the government will not initiate the process of canceling permanent residence status.

If you are not in Canada:

Going to the United States and then driving to the Canadian border is a must, as it is not possible to travel directly from the air to Canada from the air without a valid maple leaf card or permanent resident travel proof. If you don’t have a US visa, you must apply for one. If you cannot apply for a US visa, you must consider option 2 (see below). Before arriving at the land border between the United States and Canada, documents reflecting humanitarian care can be prepared and materials with legal effect can be displayed at the border to help resolve situations that do not meet the conditions of residence. If the Border Management Office staff approves, they can be allowed to enter Canada and must stay in Canada for two years until the total amount exceeds 730 days, and then apply for a maple leaf card when they meet the living conditions. Once you get the maple leaf card, you can travel outside Canada and everything will return to normal.

If the border management party has doubts about the reasons for the aid request, you will still be able to arrive in Canada, but a departure notice will be issued. Although this situation is disturbing, it is just a procedural step. Regarding the issue of identity identification, you have the right to file a review, and the trial will be held one and a half years later. While awaiting the ruling, you can settle in Canada and engage in professional activities while enjoying the full rights and interests of permanent residents. By residency in Canada, your children can receive free medical services and compulsory education, which will help immigration agents or senior consultants defend you during the review, thereby increasing the likelihood of a successful review. In addition, you can apply for temporary permanent residence before interrogation to temporarily leave the country and return to Canada.

If you are unable to go to the United States (or cannot get a US visa) and live outside Canada, you can apply to stay in Canada. In fact, being outside Canada and staying outside Canada during the appeal period (one and a half years) is not helpful in supporting the appeal, as mentioned above. If a person is already living in Canada and waiting for an appeal (about a year and a half), it will be worse because the connection with Canada will be closer and living in Canada. To successfully appeal outside Canada, there must be very good reasons why you cannot live in Canada and meet the living conditions. Convincing reasons include: caring for elderly parents, or sick children, spouses, relatives, and having a very necessary responsibility to stay in the country with the current residence. While there are many reasons or arguments, some may be more convincing than others.

Residence Right Appeal

If you have obtained a permanent resident card or permanent resident travel certificate, but the Immigration Bureau informs you that you do not meet the conditions for residence, you must submit a complaint to the Immigration Appellate Agency within 30 days after the revocation decision is announced. After the complaint is filed, the review court will arrange a trial between about one to one and a half years.