How Can I Lose My Permanent Resident Status?

You lose your Permanent Resident status once you become a Canadian citizen. You can also voluntarily renounce your status. Otherwise, your status must be revoked.

The ways you may involuntarily lose your status include:

You cannot normally lose your status solely by not meeting the residency obligation. Normally, you have to file an application for your status to be in jeopardy.

 

Losing Your Status by Applying for a PR Card from within Canada

The revocation of permanent resident status for someone who is in Canada is a multi-stage process. It will not happen instantly or over night.

  1. If you apply for a new or replacement PR Card and you have not met the Residency Obligation, you will be sent a Residency Determination.
  2. If you fail to respond to the Residency Determination OR you respond to the Residency Determination but you do not satisfy IRCC that you have met the Residency Obligation, your case will be sent to an adjudicator.
  3. If the adjudicator decides you have not met the Residency Obligation, he or she will likely revoke your status.
  4. However, you will have a limited time to appeal the decision of the adjudicator. During this time you will still be a permanent resident of Canada.
  5. If you fail to appeal the decision of the adjudicator within the given amount of time, OR your appeal is rejected, then your status will be revoked and you will be asked to leave Canada.
  6. When you have to leave Canada will depend on the type of removal order issued to you, a departure order – you will have 30 days – or a deportation order – you will be forced to leave immediately.

Need help? Contact us.

 

Losing Your Status by Applying for a PRTD Overseas

If you are overseas with an expired PR Card and you apply for a Permanent Resident Travel Document (PRTD) and you have either not met the Residency Obligation over the last five years OR you have been a permanent resident for less than 5 years and you will not be able to meet the Residency Obligation within 5 years, your PRTD application will likely be rejected and you may lose your status when you receive a decision on your application.

However, depending on the situation and the information you provided in your PRTD application, you may be allowed to return to Canada to meet the Residency Obligation, or pending further investigation into your status. This is at the discretion of the officer.

One other possibility exists: your PRTD application may be rejected but your status may not be revoked. This puts you in a no-win situation. You will have to apply for a PRTD again to return to Canada, unless you can travel to the US and drive to Canada.

Need help? Contact us.

 

Denied Entry while trying to Enter Canada

If you travel to Canada without a valid PR Card or Permanent Resident Travel Document, it is possible you could be denied entry because you do not have valid proof of your status. If this is the case, you will have to apply for a Permanent Resident Travel Document (PRTD) before attempting to enter Canada again. If you have not met the Residency Obligation, you may lose your status when applying for the PRTD.

 

Losing Your Status by Criminal Conviction

If you are convicted of a “serious” crime, you may be issued a removal order. If that happens, you have lost your status. The are many types of crimes that can lead to removal orders, including drinking and driving, theft, assault and possession, among many others. If you are charged with a serious crime and you are a permanent resident, seek legal help immediately.

 

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