Have I lost my PR?

[msheikh]

Since 2002, I am living outside of Canada and my PR card has expired. Currently, I live here in the UK with my family (my wife and 3 children). After living 2 years consecutively in Toronto, I moved with my wife to France. All my family members are French.

I wish to know if I am still a permanent resident of Canada. If so, what steps do I need to follow in order to return back to Canada with my family? Can I apply for my family now or I need to wait?

Thank you for your kind consideration.

[Enzo28]

Good day. I am PR since July 20, 2015, I stayed for 1 month then I left Canada to resume my work in Abu Dhabi. Since then, I visited Canada every year because my wife is staying in Canada since we landed 2015 of July. I accumulated 70 days since 2015 of July till 2018 of March because every year I went to Canada for short vacation. If I plan to go back to Canada by September 15, which the original date of my maximum allowance of staying outside Canada is July 20, 2018, Am I still admissible in Canada? Because I calculated by July 2020, I am still capable to fulfill PR obligation 730 days in 5 years time. Can someone help me if I am correct in my calculations and analogy? Thank you so much any help will be greatly appreciated.

[SettlementOrgMod]

@msheikh

Since 2002, I am living outside of Canada and my PR card has expired. Currently, I live here in the UK with my family (my wife and 3 children). After living 2 years consecutively in Toronto, I moved with my wife to France. All my family members are French.

I wish to know if I am still a permanent resident of Canada. If so, what steps do I need to follow in order to return back to Canada with my family? Can I apply for my family now or I need to wait?

Thank you for your kind consideration.

Hello,

Thank you for sharing your situation and question with us.

We can appreciate that you would be concerned about this situation and would be interested in finding out what your options are.

Regarding what you have stated about losing permanent residency, it is important to note that in terms of loss of permanent residency, a person does not lose it until a final determination has been made.

This means that your PR status needs to be formally removed.

You can find some information on the Immigration, Refugees and Citizenship Canada (IRCC) website, Here is an excerpt,

Losing your permanent resident status does not happen automatically. You cannot lose your permanent resident status simply by living outside of Canada long enough that you don’t meet the residency requirement. Unless you have gone through an official process, you have not lost or given up your permanent resident status, even though you may not be eligible to return to Canada as a permanent resident.
You may lose your permanent resident status if:

• an adjudicator determines that you are no longer a permanent resident following an inquiry; or- a visa officer determines you do not meet the required residency when you apply for apermanent resident travel document or temporary resident travel document.
  You may lose your permanent resident status in one of the ways described above if:

• you do not live in Canada for two out of five years;- you are convicted of a serious crime and told to leave Canada; or- you become a Canadian citizen.
  You do not lose your permanent resident status if your PR card expires.

According to the Immigration, Refugees and Citizenship Canada (IRCC) ENF 23 - Loss of Permanent Resident Status manual,

It is important to note that a permanent resident does not lose their status under A46(1)(b) until there is a final determination of the decision made outside Canada that they have failed to comply with the residency obligation under A28.

Permanent residents are not finally determined to have lost their permanent resident status until the right of appeal has been exhausted.

It also states in relation to the process of loss of permanent residency,

5. Departmental Policy

When an officer believes a permanent resident has failed to comply with their A28 residency obligation, then that officer should report the permanent resident under the provisions of A44(1) and recommend the issuing of a departure order.

The form Questionnaire: Determination of Permanent Resident Status (IMM 5511B) has been developed specifically to assist officers in making decisions regarding the permanent residency obligation, keeping in mind that the questionnaire alone is not sufficient to determine compliance with the residency obligation, and a detailed interview including examining humanitarian and compassionate criteria under A28(2)(c) is needed.

Furthermore, the officer cannot seize the person’s documents (such as the IMM 1000, Immigrant Visa and Record of Landing and the IMM 5292B, for example) despite writing an A44(1) report and issuing a removal order unless the officer believes there are reasonable grounds to do so in accordance with A140. The rationale behind this is that the person has a right to appeal the removal order and, until final determination of status, they remain a permanent resident and are the lawful owner of said documents.

Additionally, we have previously received some information from one of our legal researchers related to being in Canada after not meeting the residency requirements.

According to their research, the five-year time frame set out in the Refugee and Immigrant Protection Act is not static. Rather it is a moveable window that is dependent on the time at which a visa officer examines your situation. Therefore, if you cannot fulfill the two-year (730 day) requirement for the five-year time frame starting from when you became a permanent resident, you should remain in Canada until you can satisfy the requirement for another five-year time frame.

The IRCC’s Permanent Residency Status Determination Manual states:

For persons who have been permanent residents of Canada for more than five years, the only five-year period that can be considered in calculating whether an applicant has met the residency obligation is the one immediately before the application is received in the visa office. A28(2)(b)(ii) precludes a visa officer from examining any period other than the most recent five-year period immediately before the date of receipt of the application.

Since the officer cannot choose any five-year time period for consideration, but must always assess the most recent five-year time period (the one immediately preceding examination), they may still have the opportunity to satisfy the two-year “in Canada” requirement.

As you may already know, a PR card is required to re-enter Canada.

You mentioned that your PR cards have expired. It is important to note that the PR card’s expiry date has no correlation between whether or not you have met the residency requirements.

In terms of re-entering Canada, you can find some information on the CIC website in the I am outside of Canada and do not have a PR card. How can I return to Canada? section.

Here is an excerpt,

I am outside of Canada and do not have a PR card. How can I return to Canada?

Canada’s entry requirements are changing

Permanent residents (PR) of Canada must carry and present their valid PR card or permanent resident travel document (PRTD) when boarding a flight to Canada, or travelling to Canada on any other commercial carrier. If you do not carry your PR card or PRTD, you may not be able to board your flight, train, bus or boat to Canada.

It is your responsibility to ensure that your PR card is still valid when you return from travel outside Canada, and to apply for a new PR card when your current card expires.

Returning by private vehicle

There are other documents you can use to enter the country.

When you return to Canada, apply for a PR card if you plan to travel outside Canada again.

Some examples of private vehicles include, but are not limited to: a car, truck, motorcycle, or recreational vehicle that you own, borrow, or rent, and that is not available for public use.

Returning by commercial vehicle: airplane, bus, train, or boat

You must apply for a permanent resident travel document (PRTD), valid for one entry. Otherwise you may not be able to travel to Canada.

You can apply to replace your PR card when you return to Canada.

We suggest that it is important and probably best that you speak to a Lawyer who is familiar with Canadian immigration issues for additional information regarding you and your family’s situation.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org

[SettlementOrgMod]

@Enzo28

Good day. I am PR since July 20, 2015, I stayed for 1 month then I left Canada to resume my work in Abu Dhabi. Since then, I visited Canada every year because my wife is staying in Canada since we landed 2015 of July. I accumulated 70 days since 2015 of July till 2018 of March because every year I went to Canada for short vacation. If I plan to go back to Canada by September 15, which the original date of my maximum allowance of staying outside Canada is July 20, 2018, Am I still admissible in Canada? Because I calculated by July 2020, I am still capable to fulfill PR obligation 730 days in 5 years time. Can someone help me if I am correct in my calculations and analogy? Thank you so much any help will be greatly appreciated.

Hello,

Thank you for sharing your parents’ situation and question with us.

We can appreciate that you would be concerned about this situation and would be interested in finding out what your options are.

We have previously received some information from one of our legal researchers related to being in Canada after not meeting the residency requirements.

According to their research, the five-year time frame set out in the Refugee and Immigrant Protection Act is not static. Rather it is a moveable window that is dependent on the time at which a visa officer examines your situation. Therefore, if you cannot fulfill the two-year (730 day) requirement for the five-year time frame starting from when you became a permanent resident, you should remain in Canada until you can satisfy the requirement for another five-year time frame.

The IRCC’s Permanent Residency Status Determination Manual states:

For persons who have been permanent residents of Canada for more than five years, the only five-year period that can be considered in calculating whether an applicant has met the residency obligation is the one immediately before the application is received in the visa office. A28(2)(b)(ii) precludes a visa officer from examining any period other than the most recent five-year period immediately before the date of receipt of the application.

Since the officer cannot choose any five-year time period for consideration, but must always assess the most recent five-year time period (the one immediately preceding examination), they may still have the opportunity to satisfy the two-year “in Canada” requirement.

As you may already know, a PR card is required to re-enter Canada.

It is important to note that the PR card’s expiry date has no correlation between whether or not you have met the residency requirements.

You can find some information above about what is required to re-enter Canada.

We suggest that it is important and probably best that you and your parents speak to a Lawyer who is familiar with Canadian immigration issues for additional information regarding you and your family’s situation and before they apply to renew their PR cards.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org