Can Canadian PR Be Revoked?

Not Meeting Residency Obligations

Those holding Canadian PR must fulfil residency requirements by spending up to 730 days (2 years) within the last 5 years in Canada. You must not stay in Canada for these days consecutively to remain a permanent resident as some days you spend outside Canada can count towards the 2 years. However, you should fulfil this requirement to maintain your permanent resident status. As a permanent resident, you risk losing your status if you remain outside Canada for too long.

Criminal Conviction

As a PR holder, you can lose your status if you are convicted of a serious criminal offence inside or outside Canada. Your conviction outside Canada will be assessed by Canadian law. If the offence that led to your conviction abroad is considered a serious crime in Canada, the Canadian immigration authorities will treat it with the same measures as if you committed it in Canada.

In addition to revoking your PR, depending on the severity of the crime you committed, the Canadian immigration authorities may deem you criminally inadmissible. This can allow them to initiate removal proceedings to revoke your PR status and deport or remove you from Canada.

Serious criminal convictions that can result in the revocation of your permanent resident status in Canada and possible deportation include:

• Sexual assault
• Drug trafficking
• Theft
• Espionage
• Membership in organizations involved in violence terrorism or subversion
• Possession of restricted weapons

Obtained PR Status Through Misrepresentation

Misrepresentation occurs when you provide false or misleading information during your PR application. This can include:

• Hiding previous criminal records or deportation orders.
• False claims about relationships, such as marriage fraud for immigration benefits.
• Falsification of documents such as employment records, education credentials, marriage certificates, etc.
• Omit key facts in your application form.

If Immigration, Refugees, and Citizenship Canada (IRCC) discovers misrepresentation, the PR holder can be removed and banned from applying for any Canadian immigration program for 5 years.

Voluntary Renunciation of Your Permanent Residency Status

Some individuals voluntarily renounce their PR status for personal or legal reasons, including when they:

• Decide to obtain permanent residency or citizenship in another country that doesn’t recognize dual citizenship.
• No longer intend to reside in Canada permanently.
• Intend to accept an official or diplomatic position with a foreign government.
• Intend to obtain a Temporary Resident Visa (TRV) because they have breached the residency requirement by staying outside Canada beyond the acceptable period.

Becoming a Canadian Citizen

Permanent residents automatically lose their PR status upon becoming Canadian citizens. Once the Canadian immigration authorities grant you citizenship, they will withdraw your permanent resident status.

Loss of Protected Status as a Refugee

The Canadian government may revoke the permanent residence status of a refugee who obtained it on a false claim. If the immigration authorities determine that you were not at risk in your home country when you applied, you can lose your refugee protection and PR status.

The authorities can deny you protection as a refugee if:

• You provided false asylum claims
• You returned to your home country despite claiming persecution

Cessation of Your Refugee Protection Order

If the Canadian government determines that you no longer need refugee protection, they can revoke your permanent resident status. The authorities can cease your refugee protection for several reasons, including if:

• You have regained protection from your home country
• You have obtained citizenship in another country
• The reason for which you obtained protection in Canada has ceased

Step 1: File a Notice of Appeal

You must file a Notice of Appeal with the Immigration Appeal Division (IAD) within 30 days of receiving the revocation decision. The notice of appeal must include information about your case, reasons you disagree with the decision and the supporting documentation.

Step 2: Prepare Your Case

You must gather evidence to prove your eligibility to retain PR status in Canada. The documents you should collect depend on the reason for revoking your PR status. For instance, if you received a revocation decision based on non-compliance to residency obligations, you can provide the following documents to support your claim of physical presence in Canada:

• Travel records
• Utility bills
• Rental agreements
• Employment records
• Tax returns

If there were compelling reasons for your absence from Canada, such as family obligations or medical emergencies, assemble relevant documentation to support these claims. This stage is crucial as the documents you provide must be comprehensive to convince the immigration authorities to maintain your PR status.

You should seek professional support from an immigration lawyer with a track record of making comprehensive appeals with a higher chance of success. Our immigration lawyers at Total Law can help you appeal your PR revocation order. Call us today at +1 844 290 6312 or message us online for immediate support.

Step 3: Alternative Dispute Resolution (ADR) Meeting

In some cases, the IAD may offer Alternative Dispute Resolution (ADR) to resolve the appeal informally between you and a government representative. If the ADR is successful, you may not have to proceed with a full hearing.

Step 4: Attend the Appeal Hearing

A formal hearing may occur if the ADR is not an option or is unsuccessful. The IAD conducts the hearing, where you and the government representative will present your cases. You can submit documents, bring witnesses to give their testimonies and explain the reasons your PR status should not be revoked.

Step 5: Receive a Decision 

After the hearing, the IAD will decide based on your submission at the hearing. They may deliver the decision orally when the hearing ends or provide it in writing within 60 days.

Issuance of a Notice of Investigation

If the Canadian immigration authorities suspect that a PR has violated Canadian immigration law, an investigation may begin to confirm that the individual:

• Failed to meet residency obligations
• Is convicted of criminal offence leading to inadmissibility
• Misrepresented information in their immigration application
• Renounced their PR status

At this point, the immigration authorities may forward you a Procedural Fairness Letter (PFL), allowing you to respond to their concerns about your circumstances.

Review by IRCC or CBSA

The Immigration, Refugees, and Citizenship Canada (IRCC) or Canada Border Services Agency (CBSA) will assess the case based on the evidence they have and your response (as the permanent resident involved). If you don’t provide a valid defence for those concerns, they may issue a report recommending your PR status revocation.

Issuance of a Removal Order

If the IRCC or CBSA realizes that you no longer meet the requirements of a PR status holder, they can issue you a removal order. Here are three types of removal orders in Canada:

• Departure order: Asks individuals to leave Canada within 30 days. If you comply, you may apply for PR again in the future.
• Exclusion order: Depending on your circumstance, you may be required to leave and not return for up to 1 to 5 years.
• Deportation order bans you from permanently re-entering Canada unless you obtain special authorization.

Immigration Appeal Process

You can appeal the decision to revoke your PR status to the Immigration Appeal Division (IAD). This stage covers the appeal process discussed above, including:

• Submitting a notice of appeal
• Case Review and possible Alternative Dispute Resolution (ADR)
• Full hearing
• Decision by IAD

Federal Court Judicial Review

If the IAD upholds the revocation, you may lose your PR status. However, you may request a judicial review by the Federal High Court of Canada. The court doesn’t reconsider facts but checks whether the IAD made legal errors in the appeal process. The Federal High Court ruling can either uphold the IAD decision, leading to your PR revocation or order a new hearing, giving you another chance to present your case.

Voluntary Renunciation of PR Status

If you no longer wish to remain a Canadian permanent resident, you can file Form IMM 5782 (Application to Renounce Permanent Resident Status Voluntarily). Once the IRCC approves the form, you will lose all your PR rights to live and work in Canada.

Individuals who voluntarily renounce their PR status are those who:

• Do not want to live in Canada permanently.
• Do not meet residency obligations and prefer to renounce it over legal proceedings.
• Have become permanent residents or citizens of another country that doesn’t support dual citizenship.