Retaining Permanent Resident Status
After you become a permanent resident of Canada, it is important to know how to retain this permanent status until you can apply for citizenship. The three main reasons why a person may lose his or her permanent resident status is by being convicted of criminal offences(s), by not living in Canada long enough after becoming a permanent resident and by misrepresenting information to Canada Immigration.
Criminal offences under Canada’s criminal code are divided into three kinds: indictable (more serious offences), summary (less serious offences), and hybrid (offences which can be prosecuted as either indictable or summary). Criminal convictions can have a long-term negative affect on your immigration status. Permanent residents found to be criminally inadmissible to Canada may be deported. If a removal order is issued, you have the right to appeal to the Immigration Appeal Division (IAD) under certain circumstances.
After you become a permanent resident, you must stay in Canada for a certain amount of time in order to retain your permanent resident status. Apart from physical presence, time spent outside of Canada may also be counted as residence under certain circumstances. If the officer decides you have failed to meet the residency requirement, you will be issued a removal order. You have the right to appeal that removal order to the IAD.
In the event of misrepresentation, the consequences can range from being denied entry to being removed from Canada. Canada Immigration will look at each case on its own facts to decide whether or not to take enforcement action and it is guided by the law and policy guidelines in making this decision. Appeals are made to the IAD. Being found inadmissible to Canada due to misrepresentation also results in an inadmissibility order staying in effect for 5 years.
This link will provide more details on the Permanent Resident status. This brochure contains important information on how a person could lose his or her permanent resident status. This brochure contains only general legal information. The law can change, and each person’s situation is different. If you have any questions about your specific situation, please consult your local community legal clinic, community agency or a lawyer.