Permanent Residence

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Permanent Residence


 

Permanent residence in Canada (also referred to as landed immigrant status) brings with it a variety of rights and obligations. For example, permanent residents can live and work in any place in Canada.
However, a permanent resident can lose his/her permanent resident status in Canada if:

  • They fail to comply with the “residency obligation” set out in Section 28 of the Immigration and Refugee Protection Act, which provides that:
    A permanent resident complies with the residency obligation with respect to a five-year period if, on each of a total of at least 730 days in that five-year period, they are:
    1. physically present in Canada,
    2. outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or, in the case of a child, their parent
    3. outside Canada employed on a full-time basis by a Canadian business or in the public service of Canada or of a province,
    4. outside Canada accompanying a permanent resident who is a spouse or common-law partner or, in the case of a child, the parent and who is employed on a full-time basis by a Canadian business or in the public service of Canada or of a province, or
    5. referred to in the Regulations providing for other means of compliance.

  • They are convicted of a serious criminal offence within the meaning of Section 36 of the Act either in or outside of Canada.
  • They represent a security risk to Canada, have committed human or international rights violations, or are members of a criminal organization, pursuant to Sections 34, 35, and 37 of the Act, respectively.
  • They have obtained permanent resident status due to misrepresentation, pursuant to Section 40 of the Act.
  • They have failed to comply with conditions of their landing in Canada, as set out in Section 98 of the Act. For example, an individual who has landed as an entrepreneur but has failed to establish a business as required.

Permanent resident card

Permanent resident cards (or “Maple Leaf Cards”) are given to people who have completed the Canadian immigration process and have obtained permanent residence status but are not Canadian citizens.
Cards are mailed to new permanent residents as part of the landing process.
Permanent resident cards are also available for people who are already permanent residents upon application according to year of landing.
Each person applying for permanent residence will require a card, which is usually valid for five years.

CIC Website: Permanent Resident Card

Where to apply for residence

Effective May 1st, 2003, Section 11 of the Immigration And Refugee Protection Act specifies that all applicants seeking Permanent Residence status must submit their applications to the visa office responsible for either the country where the applicant is residing, if the applicant has been lawfully admitted to that country for at least one year, or the applicant’s country of nationality, or if the applicant is stateless, their country of habitual residence other than a country where the applicant is residing without having been lawfully admitted.

If you wish to apply under this visa category, please contact one of our immigration advisers.