5 Ways You May Lose Your Permanent Resident Status
You can lose your permanent Canadian resident status if you fail to comply with the established stipulations under the law. Under section 2(1) of the Immigration and Refugee Protection Act, you enjoy permanent resident status until you violate section 46.
The permanent resident status is, therefore, anything but permanent since it can be revoked upon violation of established laws. Under section 46 of the Immigration and Refugee Protection Act, you could lose your rights to permanent resident status for the following reasons:
1. You Become a Canadian Citizen
Upon becoming a Canadian citizen, your permanent resident status is invalidated. Besides enjoying the full rights of a permanent resident, you get to enjoy extra rights as a Canadian citizen.
2. Not Meeting the Residency Obligations
Failure to meet the obligations of permanent residency could result in the loss of your status as a permanent resident of Canada. While you are not duty-bound to live in Canada indefinitely, the Act requires you to remain in Canada for at least 730 days out of 5 years. As a permanent resident, you don’t have to convince an immigration officer that you meet residency obligations when applying for the renewal of a Permanent Resident Card at a Port of Entry.
All you have to do to prove compliance with this stipulation is demonstrate proof of employment, provide bank statements, pictures from family members and friends, proof of enrollment at a school, and any other relevant documents.
Even if you spend at least 730 days out of 5 years outside Canada, you can retain permanent resident status if you can prove you were outside Canada with your Canadian spouse or common-law partner. You can also be exempted if you were working outside Canada for a Canadian company or government.
You also cannot lose your permanent resident status if you had accompanied your Canadian spouse who was employed on a full-time basis by the Canadian government or a Canadian company operating outside Canada. The time spent outside Canada with a Canadian spouse or working with a Canadian company or for the Canadian government is computed as time spent in Canada.
The residency obligations are often one of the most common problems that Canadians encounter with their permanent resident status. To help you get a better understanding of the legal processes involved, speak with an immigration lawyer & avocat such as Tiziana Aiello for more information.
You can lose your Permanent Resident Status on security grounds, human or international rights violations, getting involved in organized crime, serious crime, misrepresentation, and failing to meet permanent residency requirements. Depending on attendant inadmissibility grounds, you may appeal the decision, but if you are deemed inadmissible on Serious Criminality grounds, there is no recourse for appeal.
4. Posing as a Refugee or Someone in Need of Protection
If it is determined that one acquired a permanent resident status through misrepresentation or fraud, the permanent resident status can be revoked. Upon application by a Minister to revoke a refugee’s permanent resident status, the Refugee Protection Board can, according to section 109, agree with the Minister and vacate the permanent residency for the at-fault refugee.
If the application is successful, the Board vacates its original decision to provide refugee protection and revokes the permanent resident status.
5. Renunciation of Permanent Resident Status
One can lose their Canadian permanent Resident Status if they voluntarily renounce it. However, they must have citizenship or permanent residency in another country to be allowed to renounce their Canadian permanent resident status.
Acquiring a Canadian permanent resident status is a rigorous, painstaking process. One can, however, lose this prized status if they violate Section 46 of the Immigration and Refugee Protection Act. The Act requires PR Canadians to remain within Canada for at least 730 days out of 5 years; otherwise, they lose their PR status, save for a few exceptions to this rule.