PR

Question 1

S. 46 - Loss of Status of PR

Answer 1

1. When they become a Canadian Citizen
2. on a final determination of a decision made outside of Canada that they have failed to comply with the Residency obligation
3. when a removal order made agaginst them comes into force
4. refugee protection has ceased
5. final determination to vacate a decision to allow their claim for refugee protection or application for protection
6. on approval by an officer to renounce their PR status

Question 2

Application

Answer 2

1. Generic PR Application fees and forms
2. Initial in Canada screen (ie. sponspor, or min req assessments)
3. visa office eligibility assessment
4. admissibility checks
5. visa office interview (if required)
6. confirmation of PR doc issue
7. Arrival to Canada Admitted as PR
8. PR status

Question 3

PR Card - Validity

Answer 3

IRCC encourages to renew the PR every 5 years, but not mandatory to do so

Considered to be property of Queen and can be revoked in the following cases (r. 59(2), s. 46)

• new card is issued
• becomes a Canada Citizen (can apply after 3 years)
• lost, stolen or destroyed
• death
• person that is subject to a removal order as a result of inadmin

If you need to fly to Canada and your PR card is now expired then ou would have to apply for a PRTD (travel document) this is done at a Canada Visa office, wherever you are

Question 4

Rights of PR

Answer 4

Have all the same rights as a Citizen except you don’t get to vote or run for political office, and may not hold some jobs with higher security clearance

What you can do :

• social benefits including health care
• live, work or study anywhere in Canada
• apply for Citizenship
• protection under the charter

** must also pay your taxes

Question 5

Residency Obligation of a PR

Answer 5

To keep your permanent resident status, you must have been in Canada for at least 730 days (2 years) during the last five years from the date of examination. These 730 days don’t need to be continuous. Some of your time abroad may count towards the 730 days. See what time abroad counts towards your permanent resident status.

Exceptions (s. 28(2))

• outside of Canada and accompanying a FM
• outside of Canada but employed full time from a CN business
• outside of CN and accompnaying a FM for work - full time and a CN buiness
• H+ C grounds - best interest of a child (the onus is on the applicant to show the officer that there are grounds to grant the exemption)
  
  • Courts say that the following factors are also relevant: the extent of the non-compliance with obligation and resasons for departure and staying abroad
  • family ties in CN
  • degree of establishment in CN
  • hardship to the fam if the applicant is removed
  • if there was an attempt to come back to CN
  • unique and special circumstances

Question 6

PR from Refugee Claim - Misrep

Answer 6

If PR was granted for Convention refugee or person in need of protection and if the claim had involved fraud or misrep then they will LOSE their PR status and issued a removal order

s. 109: minister will make an app to the RPD (refugee protection division) to vacate the original decision

Question 7

Renouciation of PR

Answer 7

• may renounce their PR as long as they are a citizen or PR of another country
• each family member must make a separate application to renounce (r. 72.5)
• Once officer accepts the renounciation then they become TRV for a period of 6 months (r. 183(2) and (3))

Question 8

Decision makers of PR Applications

Answer 8

assessed and decided by visa and immigration officers

Refusal on grounds of Eligibility: officer will issue a procedural fairness letter, which allows the applicant the chance to refute the possible refusal

If requirements are met then a COPR is given: if they are refused at the POE as a result of inadmissibility then the FN will be able to appeal this

• the FM of the FN will also be included on the COPR and must be admitted into canada before the expiration date on their PR visas

Inland App: required to present themsevles to a local IRCC location to finalize processing and be granted PR status.