Loss of permanent resident status

Overview

This page provides information about the circumstances related to loss of permanent resident (PR) status and appeal rights at the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada (IRB).

IRCC is responsible for policies related to assessments of compliance with the residency obligation and policies related to loss of status.

Section 28 of the Immigration and Refugee Protection Act (IRPA) establishes how a permanent resident must meet the residency obligation with respect to each five-year period.

If the client is in Canada, either at a port of entry (POE) or inland, and receives a negative residency obligation determination, the client loses their PR status when a removal order comes into force either on the day the appeal period expires (30 days) and no appeal is made, or on the final determination of the appeal, if an appeal is made. A46(1)(c) and A49(1)(c)].

If the client is outside of Canada, they lose their PR status on final determination that they have failed to comply with the residency obligation as per A46(1)(b). Once the final determination is made, they have the following options:

Permanent residents may appeal to the IAD against a decision made outside Canada on the residency obligation.
If the client does not appeal the negative decision, they lose PR status when the appeal period of 60 days expires [A49(1)(b)].
If the client appeals the negative decision and the appeal determination is dismissed, they lose PR status upon final determination of the appeal process.

Once a final determination is made that a client has lost their PR status, they are no longer considered permanent residents for all purposes under IRPA.

Note: A permanent resident may apply to voluntarily renounce PR status if the only ground for inadmissibility is failing to meet the residency obligation.

See also:

Pursuant to subsection A46(1), a permanent resident loses their status:

when they become a Canadian citizen;
on a final determination of a decision made outside of Canada that they have failed to comply with the residency obligation under section 28;
when a removal order made against them comes into force;
- (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);
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;
on approval by an officer of their application to renounce their PR status.

Officers must update client case notes in the Global Case Management System (GCMS). The Operations Support Centre (OSC) within the Humanitarian and Identity Operations Branch (HIOB) is responsible for changing a client’s status from permanent resident to foreign national (FN) in GCMS.

The residency obligation under IRPA

Pursuant to subsection A28(2), a permanent resident complies with the residency obligation provisions with respect to a five-year period if, for at least 730 days in that five-year period, the permanent resident is:

Physically present in Canada;
Accompanying outside of Canada a Canadian citizen who is their spouse, common-law partner, or in the case of a child, their parent;
Employed outside Canada on a full-time basis by a Canadian business or a federal, provincial, or territorial public administration;
Accompanying outside Canada their spouse, common-law partner, or in the case of a child, their parent, where the person they accompany is a permanent resident and is employed on a full-time basis by a Canadian business or a federal, provincial, or territorial public administration; or
Referred to in regulations that provide for other means of compliance.

Assessing compliance with the residency obligation

The permanent resident bears the full responsibility of demonstrating – with supporting documentation as considered necessary by an officer – that they were physically present in Canada for the required number of days or that they have otherwise met (or will be able to meet if they have been a permanent resident for less than five years) the residency obligation.

The permanent resident also bears the onus of presenting documentation that is credible, in the opinion of an officer, to support any assertion(s) made by the permanent resident, or that may have been made on behalf of the permanent resident. There is no single document that can categorically establish a permanent resident’s physical presence; however, a list of general guidelines designed to assist officers who are examining compliance with the residency obligations and making decisions on retention and loss of PR status can be found on the Permanent resident travel document (PRTD) – Department policy. A list of suggested documentation that clients may provide can also be found in the Step 1 of the Guide 5529 – Applying for a Permanent Resident Travel Document (PRTD).

Examinations at a port of entry

Officers must first confirm that the person is a permanent resident. IRPA gives permanent residents the right to enter Canada at a POE once it is established that a person holds PR status, regardless of non-compliance with the residency obligation in A28 or if they are inadmissible for any other reason.

An officer cannot deny a permanent resident entry to Canada. Only after it is determined that the person has lost their PR status in accordance with the provisions of A46, would they no longer have the right to enter and remain in Canada. Once it is established that the person is a permanent resident, the person may enter Canada by right and the immigration examination under IRPA concludes.

Assessing the residency obligation

A border services Officer (BSO) at a POE may require further information or documentation from a permanent resident in order to make a decision on compliance or non-compliance with the residency obligation.

If an officer has concerns that a permanent resident has not complied with the residency obligation, then the officer should advise them when the examination is concluded that they are authorized to enter Canada, however, they may wish to answer additional questions so the officer may determine whether their concerns are well founded or not.

In cases where:

PR status is established;
the permanent resident refuses to provide any further information and enters Canada; and,
the officer believes, on a balance of probabilities that the person is in non-compliance with the residency obligation,

In the absence of sufficient evidence to support the writing of an inadmissibility report, officers may enter any available information into GCMS (e.g. date of entry; last country of embarkation; current address in Canada).

Negative residency decisions made overseas and their effect at the POE

Clients with Permanent Resident Travel Documents (PRTDs) coded “RX-1” and “RA-1” must be referred for a secondary examination at the POE to ensure proper documentation for follow-up and updates to GCMS, as required. Clients with RX-1 PRTDs have 60 days to file a Notice of Appeal with the IAD and may arrive at the POE within the appeal period without having yet filed their Notice to Appeal. It is not necessary for BSOs to write inadmissibility reports on permanent residents who have already received a negative residency determination overseas when they arrive at the POE. Under A69(3), the IAD has the authority to make a removal order without need of an inadmissibility report, when an appeal made under A63(4) is dismissed and the permanent resident is in Canada.

In all cases involving negative residency determinations made overseas, POE officers must conduct a GCMS query to check and confirm the status of the permanent resident’s appeal. They must also ensure that the permanent resident is still within the 60-day appeal period within which an appeal may be filed.

See also:

Permanent resident travel documents – Processing instructions – Migration office info-alerts POE on PRTD issued on negative residency determination

If the 60-day appeal period has elapsed, the BSO will inform the person of this fact and advise them that they are no longer a permanent resident. When a permanent resident does not submit an appeal to the IAD within the 60-day timeframe, the decision made outside Canada becomes final as per A46(1)(b) and the client becomes a FN.

Note: Permanent residents who arrive at the POE, and who have already received a negative residency determination overseas will have received a refusal letter and been made aware of their appeal rights.

If the 60-day appeal period has not elapsed, the BSO must allow the permanent resident to enter Canada as they have a right of entry. The BSO must confirm in GCMS the date the refusal letter was sent to the client and update GCMS with an address where the permanent resident may be contacted for all matters relating to their IAD hearing. The BSO must also notify the appropriate CBSA Hearings Office of the permanent resident’s arrival and convey the client’s address/contact information.

Note: CBSA Hearings is responsible for monitoring the file from then on to determine if a Notice of Appeal is filed. If the permanent resident files an appeal, CBSA Hearings is responsible for ensuring that GCMS and the National Case Management System (NCMS) Appeals screens are completed and enter any motions or applications associated with the appeal in the GCMS Motions screen.

If an appeal is not filed within the 60-day period, CBSA Hearings must update GCMS with the appropriate remarks and refer the file to the appropriate Investigations office for follow-up and investigation.

Failure to appear at in-person appeal hearing

If an appellant fails to appear for their appeal, hearings officers should ask the Immigration Appeal Division (IAD) to dismiss the appeal. Where an appellant was determined to have failed to comply with the residency obligation outside of Canada, hearings officers should ask that the IAD issue the appropriate removal order in absentia. It is extremely important, from the standpoint of program integrity, that appeals not be declared abandoned in cases where persons have returned to Canada and fail to appear for their appeal. Hearings officers are encouraged to take a position that supports issuing a removal order when appropriate, rather than allowing an appeal to be declared abandoned. This approach helps ensure procedural clarity and maintains the integrity of the appeal process.

The IAD may determine that a proceeding before it has been abandoned if it is of the opinion that the applicant is in default in the proceedings [A168(1)] but they can refuse to make this finding if this would be an abuse of process of their rules [A168(2)].

Once the removal order is issued and comes into force as per A49(1), the client is no longer a permanent resident and can be removed from Canada.

Note: Authority for final determinations is with the Deputy Migration Program Manager or Unit Manager in International Region/Personnel.

Immigration Appeal Division

The IAD hears appeals on matters related to immigration, including sponsorships, removal orders, and residency obligations.

See information on: Filing an Immigration Appeal at the IRB.

Right of appeal on negative decision on residency obligation

Clients have the right of appeal on decisions made outside Canada on residency obligations [A63(4)]; and may apply to the IAD to submit an appeal of the decision [IAD Rule 16], and request a return to Canada for a hearing [IAD Rule 46].

IAD Rule 16 requires:

The notice of appeal be filed with the IRB registry office for the region in Canada where the appellant last resided;
The written reasons for the residency obligation - non-compliance decision must be filed with the notice of appeal;
If the appellant wants to return to Canada for the hearing of the appeal, they must indicate it on the notice of appeal; and
Appellants have 60 days after they receive the written reasons for the decision to file a notice of appeal and the written reasons with the IRB registry office.

Note: The instructions for issuing a permanent resident travel document explain the counterfoil codes for negative residency decisions (RX-1 and RA-1) and attention for officers not to activate multiple applications if there are decisions pending. Officers may re-issue a travel document on the original application with a validity date that does not exceed the appeal period nor re-activate status.

Dismissed appeals and removal orders

A69(3) requires that if the IAD dismisses an appeal made under A63(4), and the permanent resident is in Canada, it shall make a removal order. As per R229(1)(k), the IAD should issue a departure order for failure to comply with the residency obligation.

See ENF 19 for more information on appeals before the IAD.

Loss of permanent resident status