How to give up and surrender permanent residency status?

[pickednotes]

Can't find a job related to my field.
Moving to the States as an RN.
Will no longer be fulfilling residency obligations.
But would still visit Canada from time to time.

What are my options?

Thanks!

 

[chappan]

Per my knowledge, you are under no legal obligation to surrender your PR status if you do not wish to live in the country. I am sure you already know this that to be able to maintain your PR status you are required to spend at least two years out of five years in Canada. However, if you are unable to spend two years in the country, you lose your PR status automatically which will show up in the system at the Canadian Border when you try to re-enter the country. If you wish to come back for temporary visits after losing your PR status, you can always apply for travel visa.

Good luck and congratulations for your new job. I hope you have a wonderful life in the US. I really miss living in the US.

Take care!

 

[zardoz]

Per my knowledge, you are under no legal obligation to surrender your PR status if you do not wish to live in the country. I am sure you already know this that to be able to maintain your PR status you are required to spend at least two years out of five years in Canada. However, if you are unable to spend two years in the country, you lose your PR status automatically which will show up in the system at the Canadian Border when you try to re-enter the country. If you wish to come back for temporary visits after losing your PR status, you can always apply for travel visa.

Good luck and congratulations for your new job. I hope you have a wonderful life in the US. I really miss living in the US.

Take care!

This is wrong. You can only lose PR status in four ways and it's NEVER automatically done.

1) You formally relinquish the PR status.
2) You have your PR status formally revoked after due process.
3) You become a Canadian citizen
4) You die.

 

[ukulele]

This is wrong. You can only lose PR status in four ways and it's NEVER automatically done.

1) You formally relinquish the PR status.
2) You have your PR status formally revoked after due process.
3) You become a Canadian citizen
4) You die.

What happens if had not lived in Canada for 2 years and then came back? I am asking just out of curiosity since I have recently become a PR and wanna know what happens in that case, not planning on not meeting the residency requirements though, just curious...

 

[Alurra71]

What happens if had not lived in Canada for 2 years and then came back? I am asking just out of curiosity since I have recently become a PR and wanna know what happens in that case, not planning on not meeting the residency requirements though, just curious...

Nothing. You can be outside of Canada for up to 1094 days and still meet your RO. So two years is nothing.

 

[ukulele]

Nothing. You can be outside of Canada for up to 1094 days and still meet your RO. So two years is nothing.

No that is not what I was asking, according to the new rules, you have to spend 2 out of 5 years in Canada to meet residency obligation, but what happens if you let's say spend only 6 months out of 5 years, do you automatically lose your status as a PR? Or are there ways you could get it back without having to apply for PR from the very beginning under one of the programs? I am aware of the exception like when you work for a Canadian company etc. but what happens if you just live 6 months in Canada and then leave for 4.5 years without any reasons?

 

[zardoz]

No that is not what I was asking, according to the new rules, you have to spend 2 out of 5 years in Canada to meet residency obligation, but what happens if you let's say spend only 6 months out of 5 years, do you automatically lose your status as a PR? Or are there ways you could get it back without having to apply for PR from the very beginning under one of the programs? I am aware of the exception like when you work for a Canadian company etc. but what happens if you just live 6 months in Canada and then leave for 4.5 years without any reasons?

Then you risk number 2) below. However, you have to be examined first at the Port of Entry, and it's not alwayes enforced. As I said, it's NEVER automatic.

This is wrong. You can only lose PR status in four ways and it's NEVER automatically done.

1) You formally relinquish the PR status.
2) You have your PR status formally revoked after due process.
3) You become a Canadian citizen
4) You die.

 

[screech339]

Then you risk number 2) below. However, you have to be examined first at the Port of Entry, and it's not alwayes enforced. As I said, it's NEVER automatic.

Quick frankly I think it should be automatic. It would deter those that doesn't want to play by the rules and hoping they can get away with it by coming back to Canada long after their RO requirement.

Getting sick and tired of reading posts from PR coming back to Canada not meeting their requirements only to "get it back" by staying in Canada after 2 years. They take advantage of the due process which can take probably up to more than 2 years that by the time they get looked at, they are PR status. They shouldn't be allowed back in as PR to begin with. They can come back in as visitor if they are visa exempted or denied entry if from non-visa exempt country.

If CIC can automatically removed condition 51 from PR status, they should be able to automatically remove PR status just as easy from those who do not meet RO.

Screech339

 

[zardoz]

Quick frankly I think it should be automatic. It would deter those that doesn't want to play by the rules and hoping they can get away with it by coming back to Canada long after their RO requirement.

Getting sick and tired of reading posts from PR coming back to Canada not meeting their requirements only to "get it back" by staying in Canada after 2 years. They take advantage of the due process which can take probably up to more than 2 years that by the time they get looked at, they are PR status. They shouldn't be allowed back in as PR to begin with. They can come back in as visitor if they are visa exempted or denied entry if from non-visa exempt country.

If CIC can automatically removed condition 51 from PR status, they should be able to automatically remove PR status just as easy from those who do not meet RO.

Screech339

Actually, while under appeal, they do not accumulate any days towards the RO. The clock stops at the time that they are reported. The days are only credited IF they win their appeal.

I do however think that it's not going to be that long before the whole RO examination/revocation becomes much more heavily enforced, and possibly the "land border" loophole is removed. Citizenship was first, then the TFWs... PR compliance next?

 

[screech339]

Actually, while under appeal, they do not accumulate any days towards the RO. The clock stops at the time that they are reported. The days are only credited IF they win their appeal.

I do however think that it's not going to be that long before the whole RO examination/revocation becomes much more heavily enforced, and possibly the "land border" loophole is removed. Citizenship was first, then the TFWs... PR compliance next?

I don't see anything wrong with automatically losing PR status when they get reported. If the "clock stopped" while on appeal, it makes no different if their PR status are lost. They can get it back if they win appeal while in Canada as visitor. Why should they keep their PR while on appeal.

 

[screech339]

I do however think that it's not going to be that long before the whole RO examination/revocation becomes much more heavily enforced, and possibly the "land border" loophole is removed. Citizenship was first, then the TFWs... PR compliance next?

"Land border" loophole? What loophole is this regarding to?

Screech339

 

[zardoz]

"Land border" loophole? What loophole is this regarding to?

Screech339

The one that allows you to cross into Canada with an expired/non-existent PR card, thereby bypassing the PRTD RO examination.

 

[polara69]

Quick frankly I think it should be automatic. It would deter those that doesn't want to play by the rules and hoping they can get away with it by coming back to Canada long after their RO requirement.

Getting sick and tired of reading posts from PR coming back to Canada not meeting their requirements only to "get it back" by staying in Canada after 2 years. They take advantage of the due process which can take probably up to more than 2 years that by the time they get looked at, they are PR status. They shouldn't be allowed back in as PR to begin with. They can come back in as visitor if they are visa exempted or denied entry if from non-visa exempt country.

Screech339

I agree with you! +10

 

[Msafiri]

The one that allows you to cross into Canada with an expired/non-existent PR card, thereby bypassing the PRTD RO examination.

1. Issue for CIC was always the PR who got away with RO breach with minimal impact on citizenship process...the 183 days in each qualifying citizenship year for the 4/6 window in Bill C-24 implicitly makes RO breaching PRs almost always never eligible for citizenship or if eligible potentially taking almost a decade to get to oath stage.

2. Once the 'ESTA' type notification kicks in RO breach will also get harder...it will take care of the using the automated gates and visitor visa exempt nationals.

3. Scrapping the land POE loophole is challenging...CBSA already struggles just with Can/US citizens crossing. Fees would have to go up - the $50 PRC renewal must be well below cost and realistically should be as a minimum double this.

4. Add this CBP/CBSA border crossing data exchange...its getting there!