Landed Immegrant / US citizen left Canada in 1984 now wants to relinquish

[darlingaj]

My family were landed immigrants in Canada from 1979 - 1984. My work transferred
me to Phoenix in 1984. I assumed that my landed immigrant status expired after
that time. I've been to Canada several times since 1984, but this month while visiting
Vancouver, my son (in 2nd car) was asked if he had official surrendered his landed
immigrant status and was told that he was in big trouble (he was 14 when we left
Canada). I was contacted once in 1984 by the Canadian Gov. because my company
had given me money that was suppose to be in a retirement plan that no longer
applied and they wanted money back....which I complied with....they never said anything
about surrentering my Landed Immegrant Status.....Is this something new after 9/11?

 

[Leon]

Sounds like an immigration officer having a bad day. Did they tell him exactly why he should be in big trouble for not relinquishing his PR status back when he was 14? You can read about loss of status and relinquishing status at http://www.cic.gc.ca/english/resources/manuals/enf/enf23-eng.pdf

 

[darlingaj]

Thanks for the tip.....I see that perhaps I should be completing FORM IMM5538B
(Voluntary Relinquishment of Permanent Resident Status); looked for it on the on-line
forms from CIC web site....no luck finding it.....any thoughts where it might be hiding?

 

[Leon]

Contact the embassy in the US. I am sure they can help. Otherwise just ask to do it next time you visit Canada.

Did they officially revoke your sons PR when they told him he was in big trouble or did they ask him to sign that form? They should have given him a choice to either sign it away or they would revoke and he could appeal.

 

[darlingaj]

My son was let into Canada but told that he needed to appear in person at a Canadian Cousult in US
to terminate landed immigrant status and would not be allowed to return to Canada without
fullfilling the responsibilities of being a landed immigrant these past 26 years.....

 

[toby]

There is something I don't understand in all this.

1) There does not seem to be any obligation to revoke PR status. The Operational Manual Leon cited (ENF 23) gives two examples of why one would want to relinquish his PR: the new job in another country requires it, or he wants to become resident elsewhere, and first must cancel his Canadian residence. But nowhere that I saw in the Manual does it say that the PR must relinquish his status unless he wants/needs to. Furthermore, PMM has said that one need only let the PR lapse naturally, without actively terminating it.

So why did the Border Officer say that the ex-PR was in serious trouble?

2) The Manual does state that if a PR relinquishes his PR, then the Border Officer can treat his as a foreign national. But why is this an advantage? Is it because he (as an American national) would get an almost-automatic TRV, whereas if he is a lapsed PR he must appeal to re-establish his PR status within 30 days and jump through some hoops?

 

[darlingaj]

Thanks again Leon and Toby for your enlightenment. I've reread ENF23 - Loss of Perminent Residence Status.
It refers in 7.8 -
Examining permanent residents at a POE
When a permanent resident appears at a POE for examination, the officer must confirm that the
person is a permanent resident. Officers must remain cognizant of the fact that the Act gives
permanent residents of Canada the right to enter Canada at a port of entry once it is established
that a person is a permanent resident, regardless of non-compliance with the residency obligation
in A28 or the presence of other grounds of inadmissibility.
Port of entry (POE) officers can refuse entry to a permanent resident only when the person has
already lost the status in accordance with the provisions of A46 (such as when a final
determination has been made that they have failed to comply with the residency obligations or
when a removal order comes into force). In other words, once a permanent resident’s status is
established, the person may enter Canada by right and the immigration examination under IRPA
concludes.

Questions: Where do I find A28? If I am in non-compliance can't I be admitted to Canada as a
foreign national? And ignore my PR status?

 

[Leon]

The way I understand it is what they should do if they believe you have not met the residency requirements is to either offer you to relinquish your PR and then let you enter Canada as a visitor or start proceedings to revoke your PR status, let you into Canada but give you 30 days to appeal for your PR.

I don't think the IO's even know the rules half the time. One member on this forum said that IO's took away his sons PR card when he was visiting. He was still meeting the residency requirements. They do not have the right to take anybody's card.

I also know a woman personally who came to visit Canada after moving to the US. She was also still meeting the residency requirements. The IO wanted to take her card but she refused to hand it over and therefore was allowed to keep it.