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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 permanent resident status is governed by Canadian law, and there are specific laws and regulations that determine how PR status can be lost or revoked.
Before we discuss if a PR can be revoked, it is essential to understand the difference between PR and Citizenship in Canada. A person with permanent resident (PR) status has different rights and responsibilities compared to a Canadian citizen. Both the terms hold distinct rights and responsibilities.
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, during which an immigration officer will review the application and assess whether the residency obligation has been met. If a permanent resident is outside Canada and does not have a valid PR card, they may need to apply for a PR travel document to return. PRs cannot vote in the federal or provincial elections and join higher government jobs.
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.
Residency obligations are at the heart of maintaining your permanent resident status in Canada. Under the Immigration and Refugee Protection Act, every permanent resident must be physically present in Canada for at least 730 days within a rolling five year period. This means you do not need to live in Canada continuously, but you must accumulate two years of physical presence during any five-year window to keep your resident status.
There are, however, specific circumstances where time spent outside Canada can still count towards your residency obligation. If you are accompanying a Canadian citizen spouse, common law partner, or parent while they are outside Canada, those days may be counted as if you were physically present in Canada. Similarly, if you are employed full-time by a Canadian business or by the federal or a provincial public administration, your time working abroad may also count towards your residency obligations.
Understanding and tracking your days in and out of Canada is essential for all permanent residents. Failing to meet the residency obligation can put your permanent resident status at risk, potentially leading to losing your status and the benefits that come with it. Always keep records of your travel and, if you are relying on exceptions such as accompanying a Canadian citizen or working for a Canadian business, ensure you have documentation to prove your situation if requested by immigration authorities.
Yes, a Permanent Residency in Canada can be revoked. This usually happens under certain circumstances. Knowing the reasons for losing pr status is essential for preserving permanent residency and future life in Canada. Here are the primary reasons why PR status may be revoked:
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 and may be found inadmissible and issued a removal order by an officer. Some exceptions can be applied to persons with a Canadian citizen spouse or working for a Canadian company overseas.
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. Serious criminality and organized crime involvement, such as participation in criminal organizations, money laundering, or people smuggling, are specific grounds for revocation. Participation in criminal activities such as organized crime, terrorism, and gross violation of human rights can also cause loss of status. An official decision by an officer is required for revocation on these grounds.
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. Providing false information on an immigration application can result in losing PR status. 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.
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. Revocation may also occur on security grounds.
Once PR status is lost, re entry to Canada may require a travel document or other authorization, such as a Permanent Resident Travel Document (PRTD) or a temporary resident visa. Leaving Canada can impact your ability to return, and you may need to apply for entry or re-entry if your status has been revoked.
In cases involving humanitarian and compassionate grounds, the best interests of a child are considered by immigration authorities when making decisions about PR status.
Revocation or renunciation of PR status requires formal approval from immigration authorities, and an official decision is made by an officer.
The process of revoking Permanent Residency is systematic and involves several steps to ensure fairness and due process:
It is important to stay informed about the process and follow all instructions carefully to avoid delays.
The loss of permanent resident status in Canada carries significant and often life-altering consequences. If your permanent resident status is revoked, you immediately lose the legal right to live, work, or study in Canada. This also means losing access to essential social benefits, such as healthcare coverage, that are available to permanent residents.
In addition to the loss of these rights, permanent residents who lose their status may be issued a removal order and face deportation from Canada. Once removed, re-entering Canada can become much more difficult, as you will no longer have the privileges associated with permanent resident status. You may need to apply for a Temporary Resident Visa or other authorization to visit Canada in the future, and previous revocation can negatively impact future immigration applications.
It is important to note that Canadian citizens are not subject to these risks. Once you become a Canadian citizen, you are no longer bound by residency obligations and cannot lose your citizenship due to time spent outside Canada or for most other reasons. For permanent residents, however, understanding and complying with residency obligations and other requirements is crucial to avoid losing your resident status and the ability to remain in Canada.
In some cases, individuals may choose to voluntarily give up their permanent resident status in Canada. Renouncing permanent resident status is a formal process managed by Immigration, Refugees and Citizenship Canada (IRCC). To do so, you must meet certain eligibility requirements and submit an application to IRCC, including a completed form, proof of your identity, and evidence of your current permanent resident status.
Once your application is reviewed and approved, you will receive an official document from Citizenship Canada confirming that you are no longer a permanent resident. It is important to understand that this decision is final—voluntarily renouncing your permanent resident status cannot be appealed to the Immigration Appeal Division. After renunciation, you lose all rights and privileges associated with permanent resident status, such as the ability to live, work, or study in Canada without further authorization.
However, if you wish to visit Canada in the future, you may still be eligible to apply for a Temporary Resident Visa (TRV) or an Electronic Travel Authorization (eTA), depending on your country of citizenship. Renouncing your status is a significant step, so it is important to consider your long-term plans and consult with an immigration professional if you are unsure about your options or the impact on your future in Canada.
Receiving a notice of PR revocation can be alarming, but it is essential to take immediate and appropriate action:
If you lose your PR status but wish to remain in Canada, you may need to apply for a work permit or study permit, depending on whether you intend to work or study while staying in the country.
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.
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