There are different ways a PR in Canada can lose their permanent resident status
1. If they have become a Canadian citizen
2. If it has been determined that they have not complied with the PR residency obligation
Generally, permanent residents in Canada must meet a residency obligation that requires them to live in Canada for 730 days (two years) out of every five-year period.
There are some exceptions to being physically present in Canada, which would still allow Canadian PRs to meet this obligation. PRs will still be seen as complying with the above residency obligation if, for 730 days over every five-year period:
- They are outside Canada accompanying a Canadian citizen spouse, common-law partner, or parent (if the Canadian PR in question is a child)
- They are employed full-time outside of Canada by a Canadian business or in the “federal public administration/public service of a province”
- They are outside Canada accompanying a Canadian PR spouse, common-law partner, or parent (if the Canadian PR in question is a child) who falls under the above category
- They fall under an exemptions “referred to in regulations providing for other means of compliance”
3. If there is a removal order in effect against them
4. If the person’s refugee protection order has ceased
For several different reasons, authorities may determine that a Canadian PR who came to this country under the Refugee Protection Act no longer requires such protection. Those reasons can include:
- The Canadian PR has voluntarily reviled themselves of the protection of their country of nationality
- They have voluntarily reacquired their nationality
- They have acquired a new nationality and now enjoy the protection of the country of that new nationality
- They have voluntarily become re-established in the country that they once left to claim refugee protection in Canada
- The reasons for which they sought protection have ceased to exist
5. If their refugee protection claim approval has been vacated
In some cases, a refugee protection claimant may have their approval reversed because they were found to have directly or indirectly misrepresented or withheld important facts related to their claim.
6. If a person’s application to renounce their permanent resident status is approved
What happens after someone loses their Canadian PR status?
The next steps after losing Canadian PR status vary based on the reason that an individual’s permanent resident status was revoked.
For instance, in a situation where a Canadian PR voluntarily renounces their status, they will become a temporary resident in Canada for six months unless either of the following two instances occurs:
- The individual renouncing their Canadian PR status applies to do so directly at a Canadian port of entry
- The individual renouncing their Canadian PR status is not physically present in Canada on the day that their application for temporary residence is approved
Understanding the details of permanent residence in Canada can be confusing. However, retaining an immigration lawyer can make things a lot easier. Immigration law professionals can:
- Help prepare an application
- Ensure applicants avoid mistakes
- Respond on an applicant’s behalf to the Canadian government
- Use their expertise to avoid unnecessary delays throughout the different application steps and application processing
