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PERMANENT RESIDENT STATUS – Series Part 2 of 3

When does a Permanent Resident lose status?

If we read the proper section of the Act, it is quite clear:

  1. Permanent resident

(1) A person loses permanent resident status

(a) when they become a Canadian citizen;

[This is self, explanatory, when one become a Canadian Citizen, he ceases to be a Permanent Resident]

(b) on a final determination of a decision made outside of Canada that they have failed to comply with the residency obligation under section 28;

[This is not so clear for someone not familiar with the entire scheme of the Act and Regulations – this refers to final decisions made overseas for Permanent Residents who no longer have valid PR cards and therefore need to apply for a Travel Document to come back to Canada. If the overseas officer finds that the applicants had not kept up with their residency obligations as prescribed in s.28 of the IRPA the applicants lose their status. However, it is important to note that this is not a final determination if the said decision is appealed to the Immigration Appeal Division within the prescribed time limit.]

(c) when a removal order made against them comes into force;

[This refers to Permanent Residents who are in Canada who have had a removal order made against them but who have not appealed the decision to the IAD]

(c.1) on a final determination under subsection 108(2) that their refugee protection has ceased for any of the reasons described in paragraphs 108(1)(a) to (d);

(d) on a final determination under section 109 to vacate a decision to allow their claim for refugee protection or a final determination to vacate a decision to allow their application for protection; or

[These two sections (c.1 and d)  apply to persons who had become Permanent Residents due to being given Refugee Protection – and on losing that Refugee Protection through the delineated process they also automatically lose Permanent Resident Status]

(e) on approval by an officer of their application to renounce their permanent resident status.

[ This applies primarily to people overseas who voluntarily make an application to renounce their permanent resident status, for a variety of reasons. However, in our experience most often these people are applying to come back to Canada as Temporary Residents ( Visitors, Student Visa, Work Visas) and  are told by the Visa Posts that they should or have to renounce their Permanent Resident Status to be issued these documents. We strongly advise that you should not apply to renounce your status before talking to Canadian legal counsel, as often they have a good chance of maintaining permanent resident status, and something that is so difficult to achieve should not be renounced so easily.

It should also be understood that Permanent Resident status is not only maintained by staying in Canada for two out of five years. There are many other ways that the status may be maintained including on Humanitarian and Compassionate grounds. These provisions are set out in S.28of the IRPA.

(Read more…3)

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