FAQ: Loss of Permanent Resident Status in Canada

Maintaining Permanent Resident Status in Canada requires adherence to specific residency obligations. Canadian PR holders must accumulate at least 730 days of physical presence in Canada within a five-year period. This requirement ensures that permanent residents maintain strong ties to the country.
Failure to meet these obligations can lead to the Loss of Permanent Residency in Canada. PRs may lose their status if they fail to comply with residency requirements, become inadmissible, or voluntarily renounce their status. It's crucial for PRs to understand and fulfill their Canadian PR Residency Obligations to avoid complications.
PR Card Renewal in Canada is an essential process for maintaining status. During renewal, immigration officials assess whether the PR has met their residency obligations3. PRs must provide evidence of their time spent in Canada, such as employment records or tax documents.
For those navigating the complex immigration system, consulting a Canadian Immigration Consultant can be invaluable. Sanjay Prasher, recognized as the best immigration consultant in North York, Toronto, offers expert guidance on maintaining PR status, renewal processes, and addressing potential issues related to residency obligations.
By staying informed about residency requirements and seeking professional assistance when needed, permanent residents can ensure they maintain their status and continue to enjoy the benefits of living in Canada.

FAQ: Loss of Permanent Resident Status in Canada

1. What is the residency obligation for Canadian permanent residents?

A Canadian permanent resident must be physically present in Canada for at least 730 days within every five-year period after being granted permanent resident status. This is mandated by the Immigration and Refugee Protection Act (IRPA), specifically section A28. Failure to meet this obligation may result in the loss of permanent resident status. However, there are some circumstances that can be counted as days in Canada even when spent outside of Canada.

2. Besides physical presence, what other circumstances can count towards meeting the residency obligation?

Days spent outside Canada can count towards the residency obligation in the following circumstances:

• Accompanying a Canadian citizen spouse, common-law partner, or, in the case of a child, a parent, with whom they ordinarily reside. The intent and purpose of the absences is not relevant, simply that the permanent resident is accompanying the Canadian Citizen.
• Being employed full-time outside Canada by a Canadian business or in the public service of Canada or of a province.
• Accompanying a permanent resident spouse, common-law partner, or parent, with whom they ordinarily reside, who is employed outside of Canada as above, so long as that permanent resident is also complying with their own residency obligations.

It is important to note, that in the case of a child, they must be under 22 years of age and must not have a spouse or common-law partner. It's also vital to note that a "Canadian Business" must not have been primarily created for the purpose of allowing a permanent resident to meet their residency obligation whilst abroad.

3. How is the five-year period for the residency obligation calculated?

The five-year period is considered on a rolling basis, meaning that the clock begins on the date you became a permanent resident and then at every five year anniversary thereafter. The calculation does not include any day after a report is made under A44(1) stating that a permanent resident has failed to comply with the residency obligation. Unless, of course, the permanent resident is subsequently determined to have complied.

4. What happens if a permanent resident has been a permanent resident for less than five years?

A permanent resident who has held their status for less than five years must demonstrate to an officer, upon examination, that they will be able to meet their residency obligation within the five year period starting from the date they became a permanent resident. They do not have to have complied yet; they must show intent and ability to comply in the future.

5. What is the role of humanitarian and compassionate (H&C) considerations in residency obligation cases?

Before determining that a permanent resident has lost their status, an officer is obliged to consider any humanitarian and compassionate reasons presented, including the best interests of any child directly affected by the decision. If the officer determines that the H&C grounds justify retaining permanent resident status, it will overcome the breach of the residency obligation. The burden of proof for H&C considerations rests on the permanent resident, an officer does not need to satisfy themselves these grounds do not exist, they simply need to assess whether a resident's submissions are sufficient to demonstrate grounds exist.

6. What is voluntary relinquishment of permanent resident status, and when is it allowed?

Voluntary relinquishment allows a permanent resident to give up their status under certain limited circumstances. This might happen when they no longer intend to live permanently in Canada, and instead wish to enter only as a temporary resident or because they require this step in order to accept a job with a foreign government or due to qualifying for status in another country. This is not an alternative to a residency determination where an officer suspects a breach of A28; officers are to offer this as an option after a negative determination has been made, and where the individual agrees to give up their permanent status. The permanent resident must sign a "Declaration: Voluntary Relinquishment of Permanent Resident Status" (IMM 5538B) and have had an in-person interview. There is a mechanism for a permanent resident to withdraw this declaration, with the consequence that the original determination must be reconsidered and is not considered 'final'.

7. How does an overseas decision on loss of permanent resident status affect a permanent resident at a Canadian Port of Entry?

If an officer outside of Canada makes a decision that a permanent resident has not met their residency obligation, the decision will be recorded in the Field Operational Support System (FOSS). If the appeal period of 60 days has passed without an appeal being filed, a permanent resident will be treated as a foreign national when attempting to enter Canada. If the appeal period has not elapsed, the permanent resident can enter Canada, however, if an appeal is subsequently unsuccessful, then that status will be lost. The effect of a negative determination overseas is that a permanent resident will have their status revoked, and loses the ability to use their status document. It also removes the permanent residents right of entry to Canada.

8. What happens if a permanent resident who failed the residency requirement is seeking to enter Canada and wishes to appeal a negative residency decision?

If a permanent resident who is outside of Canada has had their permanent resident status revoked due to non-compliance with A28 and appeals that decision they will be issued a special A31(3) travel document that will indicate the category of their case (RX-1). Should the Immigration Appeal Division (IAD) decide the permanent resident must be present in Canada for their hearing a further travel document will be issued. This travel document will be for the specific purpose of allowing the individual to attend their appeal hearing, and is issued under the powers of A175(2).

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. While every effort has been made to ensure the accuracy of the information provided, Canadian immigration laws and policies are subject to change. For specific advice tailored to your situation, please consult Sanjay Prasher or Canadian Title Immigration and Visa Consulting Inc. directly. Neither the author nor the organization assumes any liability for actions taken based on this content.