ZIAIE PC, Barristers and Solicitors
  • LAWYERS
  • PRACTICE AREAS
  • NEWS
  • CONTACT US

NEWS

Latest Developments

Understanding Your “Permanent Residence” Status in Canada

14/8/2017

0 Comments

 
Up to 300,000 people come to Canada as “immigrants” each year. When immigrants enter Canada for the first time, or “land” in Canada, they are processed and their information is taken to issue them with a permanent resident card. What is the legal status of immigrants and what are their legal rights and obligations as residents allowed to live permanently in Canada? No matter how welcoming the immigration officer at the airport or border is, there is no time for him or her to explain the intricacies of the immigration system to each new immigrant.

So what is your status as a permanent resident in Canada? In an effort to help you to better understand your status, below is a summary of the key points that immigrants must understand about their legal status in Canada, their rights and what they must do to maintain their status.

Legal Status
Immigrants to Canada are granted “permanent resident” or “PR” status when they land in Canada. However, they remain citizens of other countries.

Court cases over the past thirty years have established that PRs of Canada are protected under under the Charter of Rights and Freedoms, and are granted most of the same rights and freedoms, such as the right to life, liberty and security, equal treatment under the law, and so on. This means being free to choose where you want to live and what you do with your life in Canada. PRs also have the right to get most social benefits that Canadian citizens receive, including health care (e.g. OHIP coverage when you meet the provincial requirements). And once you meet the conditions, as a PR you may apply to become a Canadian citizen.

There are also a few critical limitations on PRs in terms of engagement in civic life in Canada. Only Canadian citizens are permitted to vote or run for public office, and in hold certain jobs that require a high-level security clearance. In return for the rights and privileges that you enjoy as a PR, you are required to respect all Canadian laws (federal, provincial and municipal). And unlike citizens, whose status as citizens is protected unless in cases where the citizenship was obtained by fraud, PRs can more easily lose their permanent residence status. For example, not meeting the residency obligation or being convicted for a serious criminal offence may result in you losing your PR status

Proof of Legal Status and Losing your PR Status
One of the biggest misconceptions is that when your PR Card expires you lose your PR status in Canada. PRs of Canada are issued with PR Cards and must carry their valid PR Card (or a PR Travel Document) when travelling to Canada by air or any other commercial carrier. However, a valid PR Card, or lack thereof, is not determinative of your status as a PR in Canada.

You can only lose your PR status if you go through an official process. For example if you apply to renew your PR card or apply for a PR Travel Document but do not meet the conditions, an adjudicator can determine that you are no longer a PR after an inquiry or appeal. Even if you did not meet the residency obligation for maintaining your PR status, you are still a PR until an official decision is made with regards to your status. Alternatively, you may renounce your PR status and no longer want to be a PR. And finally, once you become a citizen your legal status changes from PR to citizen.

Your Role in Maintaining your Legal Status
It is up to you to know your legal status and make efforts to maintain it. Being unfamiliar with the law or acting on incorrect information gathered from family or friends, or even unqualified representatives, is not an acceptance defence to not adhering to the law. The consequence of losing your status can result in you being removed from Canada. All the more reason for you to be proactive in maintaining your legal status in Canada.

Coming Next...
In the coming weeks I will explore the issues surrounding permanent residence including conditions and requirements when applying to renew PR cards, understanding residency obligations and what to do if you face a negative decision with regards to your PR status in Canada.  
0 Comments



Leave a Reply.

    Authors: 
    Zeynab Ziaie 
    Zahra Ziaie 

    Note: This information is not intended as legal advice or opinion. You should always seek specialized legal advice with regards to your situation as the facts of each case are unique and the application of law varies in every case. 

    Archives

    February 2019
    January 2019
    December 2018
    November 2018
    October 2018
    September 2018
    August 2018
    July 2018
    June 2018
    May 2018
    April 2018
    March 2018
    February 2018
    January 2018
    December 2017
    November 2017
    October 2017
    September 2017
    August 2017
    July 2017
    June 2017

    Categories

    All
    Appeal
    Authorization To Return
    Business Immigration
    Canada Immigration
    Caregiver
    Caregiver Program
    Citizenship
    Criminal Inadmissibility
    Deemed Rehabilitation
    Dependent Child
    Employer Obligations
    Employing Foreign Workers
    Express Entry
    Family Immigration
    Family Sponsorship
    FAQ
    Global Talent Stream
    Humanitarian & Compassionate Considerations
    IAD
    Immigration
    Immigration Canada
    Immigration Lawyer
    Immigration Record Keeping
    Inadmissibility
    Landing In Canada
    Maintaining Legal Status
    Medical Inadmissibility
    Misrepresentation
    NAFTA
    Naturalization
    New Immigrant
    Overcoming Inadmissibility
    Owner Operator Work Permit
    Parent Sponsorship
    PNP
    PR Card
    Provincial Nominee Program
    PR Status
    Rehabilitation
    Residency Obligation
    Settlement
    Sponsorship
    Study Permit
    Temporary Resident
    Temporary Resident Permit
    Temporary Visa
    Tourist Visa
    Visa
    Work Permit
    تحصیل در کانادا
    تحصیل در کانادا
    تحصیل کانادا
    تور کانادا
    تور کانادا
    سرمایه گذاری در کانادا
    سرمایه گذاری در کانادا
    شهروندی کانادا
    شهروندی کانادا
    مهاجرت
    مهاجرت
    مهاجرت خیشاوندی
    مهاجرت خیشاوندی
    مهاجرت کانادا
    مهاجرت کانادا
    ویزا
    ویزا
    ویزای دانش آموزی
    ویزای دانش آموزی
    ویزای دانشجویی
    ویزای دانشجویی
    ویزای کار کانادا
    ویزای کار کانادا
    ویزا کانادا
    ویزا کانادا
    وکیل مهاجرت
    وکیل مهاجرت
    وکیل مهاجرت کانادا
    وکیل مهاجرت کانادا

    RSS Feed

Copyright © 2019 Ziaie PC  All rights reserved  |   Terms of Use   |    Privacy Policy