Losing Canada PR status (permanent resident)
Babak is a permanent resident of Canada. He immigrated to Canada four years ago from Iran. Babak stayed in Canada for less than two months after landing. Unfortunately, he had to go back to his home country to take care of his ailing father. Babak’s father passed away about a month ago. Consequently, he wants to come back to Canada. However, he wonders if he has lost his Canada PR. In other words, he wonders how he could lose his permanent resident status in Canada.
More than 300,000 people become permanent residents (PR) of Canada every year. They immigrate to Canada under one of the existing options. Of course, permanent residence could lead to Canadian citizenship. However, if you lose your Canada PR, then there won’t be any hope on that front.
Table of contents
- Is Canada PR really permanent?
- Loss of permanent residence because of citizenship
- Loss of Canada PR due to renunciation
- Ceasing or vacating refugee claims
- Inadmissibility to Canada
- What is a residency obligation?
- Losing Canada PR Status because of residency obligations
- Resolving the loss of Canada PR status
- Humanitarian considerations to fight losing Canada PR status
- What does happen after losing Canada PR?
- Let us help!
Generally speaking, the term permanent resident gives us the impression that you will never lose your Canada PR. However, a permanent resident of Canada remains a PR only if none of the following happens:
- They become Canadian Citizens,
- renounce (give up) their permanent residency,
- the immigration authorities cease or vacate their refugee claim,
- become inadmissible to Canada, or
- do not meet the residency obligations [practitioners see A46].
Let’s take a look at these options.
If you become a Canadian Citizen, then you lose your Canada PR. However, this is good news because you now have access to all the privileges other Canadian Citizens have. If you want to know more, read the following article.
Life is full of twists and turns. A status that seemed so desirable may turn into a hassle. Consequently, you may decide to renounce or rather give up your PR status. If so, you need to submit an application to the immigration authorities and request your permanent residency renunciation. If approved, you are not a permanent resident anymore. However, you may later apply for immigration or temporary status as a foreign national.
Some people become permanent residents through the refugee claim process. The authority that approves refugee claims in Canada is the Immigration and Refugee Board of Canada (IRB). To be more specific, a special division of IRB, called the Refugee Protection Division (RPD), decides refugee applications in Canada. Sometimes, RPD cancels the refugee claim. For example, if the immigration authorities find out the person lied to RPD, they may lose their refugee application and, as a result, their Canada PR status.
Sometimes, permanent residents become inadmissible to Canada because of security or criminality reasons. In such situations, the person loses their Canada PR status. If they are in Canada, they have to leave the country, and if they are outside Canada, they may not travel back. Of course, if you are facing this problem, you need to assess your potential options.
When you become a permanent resident of Canada, you need to spend at least 730 days out of your first five years of permanent residency inside Canada. Subsequently, you need to meet the 730-day residency obligation every five-year interval. Nonetheless, residency obligation means you are either physically inside Canada or meet one of the following options:
- You are outside Canada, but you are a minor child, and you are accompanying your parent, who is a Canadian Citizen,
- your spouse is a Canadian citizen, and you are accompanying them outside Canada,
- a Canadian business or government has hired you on a full-time basis but deployed you outside Canada, or
- you are the spouse or child of the person I mentioned in the previous bullet point.
Regardless, if you choose an option other than physical presence, consult with a professional. Consequently, they will assess your case and will let you know if your efforts could prevent a loss of Canada PR.
You usually lose your Canada PR status because of residency obligations in one of the following scenarios:
- Your PR card is not valid anymore. However, you live outside Canada. Consequently, you apply for a PR Travel Document. Unfortunately, an immigration officer refuses your application because they believe you do not meet the residency obligations.
- An immigration officer refuses to renew your PR card because they have concluded you do not meet the residency obligations.
- A border services officer concludes you cannot meet the residency obligations in the current five-year interval. Consequently, they could cancel your PR status on the spot or refer you to an interview for cancellation.
Since, as a permanent resident of Canada, you have the right to enter our country, the third scenario hardly results in denial of Canada’s entry. However, if you do not meet the residency obligations, contact a professional before travelling to Canada.
If you are losing Canada PR status, you could try to resolve it. Of course, the exact option depends on your situation. However, consider one of the following options:
- Resolving the inadmissibility problem
- Filing an appeal with the Immigration Appeal Division (IAD)
- Applying for immigration from scratch (e.g. through spousal sponsorship or economic immigration)
As I mentioned earlier, the exact option depends on your circumstances. Consider contacting our firm to explore your options.
If a person does not meet the residency requirements, they may still keep their permanent residency because of humanitarian reasons (H&C). Of course, you either need to submit your H&C request while filing for a Travel Document or at an IAD hearing. This subject is complex. Consult with a professional for official advice.
If you face the loss of Canada PR or any other immigration issues, please fill out the following form. We will get back to you as soon as we can.
If you wish to visit or move to Canada, please fill out our free assessment form. We will review it for free, but we will contact you only if we find an opportunity for you. Alternatively, you may book a consultation session. Consultation sessions are not free, but you will receive formal advice from a licenced practitioner.
This article provides information of a general nature only. Considering the fluid nature of the immigration world, it may no longer be current. Of course, the item does not give legal advice. Therefore, do not rely on it as legal advice or immigration advice. Consequently, no one could hold us accountable for the content of these articles. Of course, if you have specific legal questions, you must consult a lawyer. Alternatively, if you are looking for immigration advice, book an appointment.
The characters and places in the articles:
All the characters and locations in the articles are fictional, unless otherwise clearly stated. Therefore, any resemblance in names, dates, and places is coincidental.
For our official addresses, trust this website only. We currently do not have offices outside Canada. Therefore, anyone who claims to be our agent is committing fraud. Also, note that we do not issue any work permits or study permits or similar documents. The government of Canada has the sole authority to issue such material.