Have You Lost Your Permanent Residence Status?
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People who immigrate to Canada and become Permanent Residents are required to spend a minimum number of days in Canada or they might lose their Permanent Resident status. Loss of PR status can mean having to apply all over again from the beginning.
To keep PR status, you must spend a total of 730 days in five years inside Canada. The old rule, before June 28, 2002, was that a person had to spend 183 days inside Canada out of every year. It is now easier for Permanent Residents who are absent from Canada to keep their status.
Some people find it difficult to spend the necessary number of days in Canada due to business or family requirements. This does not mean that you will automatically lose your Permanent Residence status.
Immigration officers are required by law to allow people who went out of Canada to work for a Canadian company, or accompany a family member who was transferred outside Canada, to keep their PR status. In some cases, you may keep your PR status if you were required to stay outside Canada due to circumstances beyond your control.
The rules regarding retention and loss of Permanent Residence status are complex. They may require an Appeal to the Immigration Appeal Division or the Federal Court of Canada. You should contact Natasha A. Grof if you are concerned that you may be about to lose your PR status, or if you have already been told by Immigration Canada that you have lost your PR status.
At Velletta & Company we can provide you with the expert advice you need and help you decide what options are best for you.
Contact Natasha A. Grof
grof@victorialaw.ca
