Can Permanent Residency be Revoked in Canada?

Canada is well known for its scenery, quality of life, and liberal attitudes, which allow for much freedom. Umpteen visitors go to Canada every year to seek a better life. Many of them also get their Permanent Residency (PR) every year. PR status is advantageous and a means of gaining citizenship, although people must understand that this is not a lifetime deal.

Canadian PR & Citizenship – Understanding the Difference

Before we discuss if a PR can be revoked, it is essential to understand the difference between PR and Citizenship in Canada. Both the terms hold distinct rights and responsibilities.

Permanent Residency (PR)

A permanent resident in Canada can work, study, and live anywhere in the country and has access to social services like healthcare. However, they always remain citizens of their home country and must renew their PR card every five years. PRs cannot vote in the federal or provincial elections and join higher government jobs.

Citizenship

Canadian citizens can exercise their right to vote, stand for elections, and even get a Canadian passport. They also have the constitutional right to enter and exit Canada at will. To become a citizen, one must fulfill certain residency conditions and take the citizenship test, usually taken after living in Canada as a PR.

Can Permanent Residency be Revoked?

Yes, a Permanent Residency in Canada can be revoked. This usually happens under certain circumstances. Knowing the reasons for losing the status is essential for preserving permanent residency and future life in Canada. Here are the primary reasons why PR status may be revoked:

• Residency Obligation Violations

PRs must meet the residency obligation of being physically present in Canada for at least 730 days (2 years) in the last five years. PR holders must be closely linked to Canada to be granted the permit. If this obligation is not met, one risks losing the PR status. Some exceptions can be applied to persons with a Canadian citizen spouse or working for a Canadian company overseas.

• Criminal Activity

Criminal offenses both within Canada and in other countries will lead to the cancellation of PR status. Certain crimes, such as those that are severe, that is, offenses that result in a prison term of more than six months, may lead to removal. Participation in criminal activities such as organized crime, terrorism, and gross violation of human rights can also cause loss of status.

• Misrepresentation or Fraud

It is unlawful to provide false information or conceal material facts when applying for PR, which attracts revocation. Misrepresentation involves deception in some aspects of one’s life, such as marital status, employment history, or criminal records. As for the migration process, the Canadian immigration authorities consider providing false information a severe offense, and the consequence of being caught containing it is expulsion from the country.

• Security Risks

People who pose a security threat to Canada can have their PR taken away. This comprises espionage, subversive activities against the government of Canada, or any activities deemed dangerous to Canada’s national security.

Process of Revocation

The process of revoking Permanent Residency is systematic and involves several steps to ensure fairness and due process:

1. Investigation: If the conditions of PR are believed to have been breached, then an investigation is done by either CBSA or IRCC.
2. Report and Referral: If the investigation establishes a reason to revoke, a report is made and given to the Immigration Division of IRB.
3. Hearing: The PR holder can state his/her case at a hearing. They can present proof, subpoena people, and have an attorney. The Immigration Division considers all the presented evidence when making a decision.
4. Decision: The IRB will decide in this regard depending on the information provided to it. For this reason, if the decision is to revoke the PR status, the individual may be given a removal order.
5. Appeal: The PR holder can appeal the decision to the Immigration Appeal Division (IAD) within the stipulated time. The appeal process allows for consideration of humanitarian and compassionate factors.

Steps to Take after Receiving a PR Revocation Notice

Receiving a notice of PR revocation can be alarming, but it is essential to take immediate and appropriate action:

1. Seek Legal Advice: It is advisable to seek the services of an immigration lawyer who will assist you and stand for you during hearings and appeals. They help you through the entire process of understanding immigration complexities.
2. Gather Evidence: Gather all the documents that can help your case, such as proof of residency, character references, employment records, and any other documents that can be useful in countering the reasons for revocation.
3. Respond Promptly: Comply with all the time limits and conditions in the revocation notice. Timeliness and proactivity can make a difference in your case.
4. Prepare for the Hearing: Ensure you consult your lawyer and prepare for the hearing. It is helpful to rehearse how you will present your evidence cogently and with minimal fuss.
5. Consider Humanitarian Grounds: If applicable, also emphasize any humanitarian and/or compassionate reason why you should still be allowed to keep your PR status, such as health issues, family reasons, or contributions to the community.

Conclusion

When threatened with revocation, one has to get a lawyer and gather vital evidence to make a difference. Kurzfeld Law Firm can assist you if you ever find yourself in such a situation.