Often, people confuse not having a Permanent Residence Card with no longer being a permanent resident of Canada. Not having a Permanent Resident Card does not mean you are no longer a permanent resident.
Currently, section 46 of the Immigration and Refugee Protection Act (IRPA) lists 4 ways for a person to lose permanent resident status.
46. (1) A person loses permanent resident status
(a) when they become a Canadian citizen;
(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;
(c) when a removal order made against them comes into force;
(d) (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); or
(e) 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.
So what does this mean for most permanent residents of Canada?
s.46 (1) (a) is clear, when you become a Canadian citizen you cease to be a permanent resident.
s.46 (1)(b) may seem less clear, but it simply means, that if you are outside of Canada and you apply for a Permanent Resident Travel document (a document issued to permanent residents who are outside of Canada without PR cards) and it is refused, and you do not appeal the decision; or you appeal but the appeal is not allowed, you cease to be a permanent resident (final determination).
For Permanent Residents who are in Canada, 46(1)(c) applies. The process for losing status is more complicated, and it does not mean that a permanent resident card is not issued, while during the application for a new card, your compliance with your residency obligations under S. 28 of the Act will be examined, they still must issue you a PR card until a removal order made against you comes into force.
How does a Removal Order come into force under these circumstances?
Well, first a Report must be written against you, usually either at the port of entry or as a result of your application to renew the PR card. Then this Report gets forwarded for a Minister’s Delegate to review for a hearing, then at a hearing a Removal Order gets issued. Now if you do not appeal, within the period prescribed by law, the Removal order comes into force, and you cease to be a permanent resident. However, if you appeal then you only cease to be a permanent resident, when and if, you lose the appeal. Of course, it has to be understood that winning the appeal is NOT easy, but you have to know that they can be won, particularly if you have good counsel.
Another issue that comes up in relation to the loss of permanent resident status is the issue of relinquishment/renouncement of permanent resident status. To be quite blunt, while this is accepted by Canada Immigration authorities, there is no such provision in Canadian law at present. How one complies or fails to comply (and therefore may lose) the permanent resident status is clearly prescribed in s. 28 of the IRPA; renouncement is not one of them. What we have seen is that Visa Posts have clients sign statements that they are relinquishing their status, and then make “decisions” that they are no longer permanent residents and advise the clients of their appeal rights, once the time period for filing has expired, immigration state that the clients are no longer permanent residents. To say the least this practise is dubious, and we have found solutions even in these scenarios where the clients have sought to regain their PR status. There is however proposed legislation to allow for renouncement. The proposed legislation reads:
46(1)(e) on approval by officer of their application to renounce their permanent resident status;
46(1.1) Effect of renunciation – A person who loses their permanent resident status under paragraph (1)(e) becomes a temporary resident for a period of six months unless they make their application to renounce their permanent resident status at a port of entry or are not physically present in Canada on the day on which their application is approved.
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