ENF 23 is a comprehensive guide to the loss of permanent resident status in Canada. It details the residency obligation under the Immigration and Refugee Protection Act (IRPA), outlining the calculation of days physically present in Canada and exceptions for those working abroad or accompanying family members. The document also covers procedures for determining compliance, appeals processes, and the role of humanitarian and compassionate considerations. Finally, it addresses voluntary relinquishment of status and related procedures at ports of entry.
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:
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).
CTIV (Canadian Title Immigration and Visa Consulting Inc.) and Sanjay Prasher, an experienced immigration consultant, can provide crucial support for individuals at risk of losing their Permanent Resident (PR) status in Canada. Here’s how they can help:
1. Assessing Residency Obligations
Problem: Failing to meet the required residency obligation of living in Canada for at least 730 days in a five-year period may lead to PR status loss.
Solution: CTIV conducts a thorough review of your residency history and evaluates your eligibility to meet the requirements, including any time spent outside Canada under valid exceptions like working for a Canadian employer or accompanying a Canadian citizen spouse.
2. Representation in PR Status Reviews
Problem: When individuals receive a determination from Immigration, Refugees and Citizenship Canada (IRCC) or Canada Border Services Agency (CBSA) regarding non-compliance with residency obligations, they may lose PR status.
Solution:
Sanjay Prasher and CTIV can represent you in formal proceedings.
They prepare responses to procedural fairness letters or notices of intent to revoke PR status.
3. Appeals to the Immigration Appeal Division (IAD)
Problem: A loss of PR status determination can be appealed to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada (IRB).
Solution:
CTIV prepares and submits appeal documents, representing you in hearings.
They provide strong evidence and arguments to demonstrate humanitarian and compassionate (H&C) grounds, such as health issues or family separation.
4. Humanitarian and Compassionate Applications
Problem: Some individuals are unable to fulfill their residency obligations due to exceptional circumstances, such as family emergencies or unavoidable work commitments abroad.
Solution: CTIV assists in preparing H&C applications, ensuring the submission includes compelling reasons and supporting documents that justify your inability to meet the residency requirements.
5. Restoring PR Status
Problem: For those whose PR status has already been revoked, navigating the restoration process can be challenging.
Solution:
CTIV guides you through the process of reapplying for PR under special circumstances.
They explore alternative pathways, such as Express Entry or family sponsorship, to regain your status.
6. Legal Guidance for Travel Outside Canada
Problem: Traveling outside Canada while close to losing PR status can complicate reentry.
Solution:
CTIV advises on applying for a PR Travel Document (PRTD) to facilitate reentry while addressing your PR status issues.
They help document time spent abroad under exceptions like employment with a Canadian company.
7. Mitigating Consequences of PR Card Expiry
Problem: Many individuals mistakenly believe that an expired PR card means the loss of status.
Solution: CTIV educates clients about their rights as PRs and assists with renewing PR cards or addressing residency obligation shortfalls before traveling.
Why Choose CTIV and Sanjay Prasher?
Expertise in Immigration Appeals: Years of experience handling complex PR loss cases.
Personalized Attention: Tailored strategies based on individual circumstances.
Legal Knowledge: Up-to-date understanding of Canadian immigration law and policy.
Sanjay Prasher – Trusted Immigration Consultant in North York, Toronto
Sanjay Prasher is a Regulated Canadian Immigration Consultant (RCIC) based in North York, Toronto, specializing in Canadian immigration matters. For permanent residents, Sanjay assists in PR card renewal Canada, maintaining PR status Canada, and navigating residency obligations Canada to prevent loss of permanent resident status Canada. If individuals face PR status revocation Canada or have concerns about abandoning PR status Canada, he offers tailored strategies to regain PR status Canada.
With in-depth knowledge of immigration consequences Canada, Sanjay helps clients overcome challenges related to legal status, residency compliance, and appeals. Whether you are a student, permanent resident, or facing complex immigration issues, Canadian Title Immigration and Visa Consulting Inc. provides reliable solutions for a secure future in Canada.
By choosing CTIV and Sanjay Prasher, clients gain professional support and a higher likelihood of successfully resolving issues related to the loss of PR status in Canada.
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