Loss of Canada Permanent Resident Status

Canada permanent resident status is a privilege, as with all privileges there are certain obligations required in order to maintain Canada permanent resident status. If a person does not maintain their Canada permanent resident obligations, they will lose their status unless they can provide evidence as to the reason why it was impossible for them to do so. A determination of Canada permanent resident status can be made outside of Canada or at a Canadian port of entry.

Outside of Canada

In order to cross a border Canadian permanent residents require a Canada permanent resident card. If a person does not have a Canada permanent resident card, they will have to apply to a Canadian visa office in order to obtain a Travel Document. This is the same procedure for determining whether or not a Canada permanent resident has maintained their Canada permanent resident status.

Within the Application for a Travel Documents, the Canada permanent resident will be asked about the amount of time they have spent inside of Canada and then length of time they have spent outside of Canada. If an individual has been outside of Canada for more than 1095 days within the last five years, the visa officer assessing the application will make a final determination of loss of Canada permanent resident status. The official revocation of Canada permanent resident status happens 60 days from the date the visa officer’s decision. Within those 60 days, it is possible to appeal the loss of Canada permanent resident status decision.

At a Canadian Port of Entry

If a person has a Canada permanent resident card or valid Travel Document, they will be allowed to present themselves at a Canadian port of entry. At the port of entry, if an officer has reasonable grounds to believe that a Canada permanent resident has not maintained their residency obligation, can issue what is known as an A44 report, which recommends that the Canadian Immigration Minister issue a removal order. However, a Canada permanent resident cannot be prevented from entering Canada, despite the A44 report. If the Canada permanent resident contests the decision, they have 30 days from the issuance of the A44 report to file an appeal against the removal order.

A Canada permanent resident can also voluntarily relinquish their Canada permanent resident status at a Canadian visa office or port of entry. 

If you are interested in having your Canada permanent resident status reinstated, contact FWCanada.