How to Lose Your Permanent Residence and Citizenship Status in Canada and Their Remedies

Canada has recently been deporting many temporary residents like international students, visitors and temporary foreign workers. Even, we have seen investigations on alleged recent Canadian citizens who immigrated to the country for a planned terrorists attack and long term alleged misrepresented protected refugee who are at the verge of losing their statuses. Hence, maintaining these statuses requires adherence to certain legal and residency obligations. Let’s delve into the ways one can get stripped off their PR or citizenship status and explore the potential ways to avoid these issues using some explanatory case studies.

Part 1: How to Lose Permanent Residence Status

1. Failing to Meet Residency Obligations

Explanation: As a PR, you must be physically present in Canada for at least 730 days within a 5-year period. These days do not need to be consecutive but must add up to two years.

Instance: Sarah obtained her PR status but spent most of her time outside Canada for work. After four years, she realized she had only accumulated 500 days in Canada. This put her at risk of losing her status.

Remedy: If you fail to meet the residency obligation, you can present “humanitarian and compassionate” grounds when faced with a loss of status. Valid reasons may include caring for a sick family member abroad or other unavoidable circumstances.

2. Voluntarily Renouncing PR Status

Explanation: You might choose to give up your PR status if you no longer wish to live in Canada, for instance, if you’ve moved to another country permanently.

Instance: John was offered a lucrative job in Europe and decided he no longer needed his Canadian PR status, so he renounced it voluntarily.

Remedy: Although voluntary, if you change your mind, you must reapply for PR, going through the immigration process again.

3. Inadmissibility Due to Criminality or Security Reasons

Explanation: Committing serious crimes or being involved in activities that threaten Canada’s security can result in the loss of PR status.

Instance: A PR holder, Mark, was convicted of a serious crime while living in Canada. As a result, the government initiated the process to revoke his status.

Remedy: You may appeal the decision through the Immigration Appeal Division (IAD) if your PR status is revoked on such grounds. Legal representation can be crucial in such cases.

4. Receiving a Deportation Order

Explanation: Violating immigration laws, providing false information, or engaging in fraudulent activities can lead to deportation, resulting in the loss of PR status.

Instance: Emma submitted false documents during her PR application process. Once discovered, she was issued a deportation order.

Remedy: Depending on the situation, you may appeal the deportation order or request a stay of removal, especially if there are humanitarian reasons to stay in Canada.

Part 2: How to Lose Canadian Citizenship

1. Obtaining Citizenship Fraudulently

Explanation: If you provided false information, committed fraud, or concealed facts during your citizenship application, your citizenship could be revoked.

Instance: David claimed he was residing in Canada to meet the residency requirement, but an investigation later revealed he was living abroad for most of the time. His citizenship was revoked.

Remedy: You have the right to challenge the revocation in Federal Court, where you can present evidence to dispute the fraud claims or explain any misunderstandings.

2. Serving as a Member of an Enemy Force

Explanation: If you serve in an armed force or government engaged in conflict with Canada, your citizenship can be revoked.

Instance: A naturalized citizen who participated in hostile activities against Canada was stripped of his citizenship after it was determined that his actions directly opposed Canadian interests.

Remedy: You can appeal to the Federal Court or present your case through legal representation to challenge the revocation.

3. Dual Citizenship and Revocation

Explanation: For individuals with dual citizenship, involvement in terrorism, espionage, or treason against Canada can lead to citizenship revocation.

Instance: A dual citizen found guilty of terrorism was stripped of Canadian citizenship due to the severity of their actions.

Remedy: You may challenge the decision in Federal Court, but such cases require strong legal defense and substantial evidence.

What You Can Do to Protect Your Status

Stay Informed About Your Rights and Obligations: Make sure you understand the requirements and legal expectations tied to your status as a PR or citizen.

Maintain Adequate Records: Keep track of your time spent in and out of Canada and ensure your documents are accurate.

Seek Legal Advice: If you’re facing challenges that might affect your status, consult with an immigration lawyer.

Final Thoughts

Losing your PR or citizenship status is not a common occurrence in Canada, but it’s essential to be aware of how it can happen and the remedies available. If you are in the immigration process, are already a PR, hoping to become a citizen or already a citizen, always be mindful of your legal obligations and seek professional guidance if you face any challenges. Click here to get started on your relocation.

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